Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Call Us NowWork release furlough is a free California program that allows you to leave jail during the day to attend regular work. You may be eligible for work furlough if you are:
Though under Penal Code 6263, you may be ineligible for work furlough if:
The judge assigned to your case can grant or deny your request to go on work furlough. If you are granted work furlough but then violate any conditions, the judge can remand you to jail for the remainder of your sentence.
Note that work furlough is not the same thing as work release. As a work release inmate, you go to your own home rather than to jail after work.
ALTERNATIVE SENTENCING IN CALIFORNIA |
Work Furlough |
Community Service |
House Arrest |
Definition | Leaving jail during working hours for a job | Unpaid labor for public good | Confinement to your home with case-by-case exceptions |
Supervision | Correctional staff | Assigned community service supervisor | Probation officer and electronic monitoring |
Purpose | Being able to maintain a job while serving your sentence | Paying debt to society | Restricting your movement while freeing up jail space |
Eligibility | Within 120 days of your release date, and you have no PC 6263 exclusions | Usually low-level, non-violent offenders | Usually low-level, non-violent offenders |
Our California criminal defense attorneys will answer the following frequently asked questions in this article:
A work furlough facility essentially is a county-based facility that allows inmates to work a regular job – usually for eight-to-ten hours – while still serving jail time via custody supervision. It is a type of “alternative sentencing” to help ease the inmate into post-release life and increase job opportunities.
Once enrolled in a WF program, inmates are moved from jail to a work furlough residential facility. They can then check out of this facility in the morning in order to go to the worksite. Inmates are then required to check back into the program as soon as a workday is completed.
The majority of inmates are required to take California public transportation to and from their jobs. It can be full-time or part-time. In some cases, inmates work at the same job they had before getting convicted.
In addition to work, some inmates in a WF program can even attend:
WF facilities do allow visitors on weekends.1
Inmates granted work furlough have to abide by various terms, such as:
Work furlough programs are usually reserved for those inmates that are:
In addition, to qualify for WF, an inmate must be gainfully employed for at least 35 hours per week. Plus, there are usually rules regarding the type of job an inmate performs. For example, a job:
If an inmate meets these qualifications, then they can petition the court to assign them to a work furlough program. Note that the judge has the authority to either grant or deny this request.2
Certain inmates are purposely excluded from a work furlough program under California Penal Code 6263.2 An inmate is excluded if:
If an inmate violates a work furlough condition, they can be forced to return to the regular county jail population to serve out the remainder of their sentence. Plus they will probably lose eligibility to go on work furlough ever again. 4
Also, if this violation is a new criminal offense, then the inmate may be charged with either a misdemeanor or a felony depending on the facts involved.
Note that inmates transferred to a WF program remain under the legal custody of the California Department of Corrections. This provides the department’s correctional officers with the authority to place an inmate in a WF program back into jail at any time.5
No. Courts may not charge work furlough participants.6
The California State Legislature has voiced specific reasons for WF programs, and these are codified in Penal Code 6260. These are:
Work furlough programs are offered in many California counties, as authorized by the board of supervisors. Some of these include:
Note that the program rules for WF facilities may slightly differ among differing counties – often with rules stricter than those outlined above. For example, some people may have to submit to an electronic monitoring program.
An inmate is typically disqualified from the program if their arresting charge involved violence in any way. A history of violence will also disqualify an inmate.
If an inmate takes any medication, it must be first approved by the facility manager before they can use it.
Note that inmates in an LA County WF program are often subject to strip searches on their return to the facility after work.
Prior to being admitted into the WF program, all inmates must:
The Orange County WF facility considers applicants on a case-by-case basis.
Note that participants in the program are not required to wear tracking devices while not in the facility – which is normal among most programs.
The information regarding Riverside County work furlough programs is consistent with the other counties previously discussed.
If an inmate committed a violent offense, they usually will not be allowed in the program. However, inmates are allowed to contact the facility manager who will investigate each request for acceptance.
Visitors are normally allowed on the weekends during set hours. The visits are non-contact.
Inmates in the San Diego facility can attend school during work furlough. To do so, though, the inmate must be working at least 35 hours per week.
Those in the WF program can also be self-employed. If an inmate is self-employed, they cannot work out of the facility. They must have an off-site office with a landline and bathroom.
Alameda County WF facilities operate consistently with the information provided above.
Those in the program are responsible for getting to and from work. They are encouraged to use public transportation to get to their job.
Note, though, that if public transportation is not practical, inmates may be authorized to drive their own vehicle if they provide the following:
WF is not the same as work release.
As stated above, in a work furlough program, an inmate must return to a state-monitored facility at the end of a workday for confinement purposes. In a work release program, an inmate is allowed to go to their home with family members – or to approved transitional housing – after work hours.
Another difference is that work release counts as part of an inmate’s jail sentence, and they receive credit for time served for their work hours.
California Penal Code 4024.2 PC sets forth the work release program requirements, which includes that inmates perform manual nature that helps the community. Some examples include:
To be eligible for work release, inmates have to be low-risk, non-violent offenders who demonstrated good behavior throughout their case. Work release programs are common in DUI cases.
Work release can include vocational training, alcohol or drug treatment, education classes (including GED prep), life skills classes, and parenting classes in addition to – or instead of – manual labor.
Counties often offer full-time and part-time work release programs. Part-time programs typically involve doing work on the weekends so that the person can keep their regular job.8 Throughout the program, inmates also have to check in regularly with the jail.
For example, visit the Riverside County Sheriff’s Office Work Release Center site.
For more in-depth information, refer to the following scholarly articles: