Chapter 9.6. Work Furlough Programs of California Penal Code >> Title 7. >> Part 3. >> Chapter 9.6.
The Legislature finds and declares the following: that
overcrowding in correctional institutions is not a desirable method
of housing state inmates; that other methods of housing should be
developed for appropriate state inmates, particularly if they can be
less costly; that reentry programs for inmates who are nearing the
completion of their term of incarceration provides a more normal
environment and an opportunity to begin reintegrating into society;
and that work furlough programs are appropriate only for specified
types of inmates for a limited period of time prior to release back
into society; and that existing law already recognizes the
appropriateness of placing inmates in community facilities.
(a) To the extent that public and private nonprofit and
profit corporations have available beds and satisfy the criteria
specified in this chapter, the Department of Corrections shall
contract with them to provide reentry work furlough programs for all
inmates 120 days prior to scheduled release and who are not excluded
under this chapter.
(b) The Department of Corrections shall contract with private
nonprofit and profit corporations for at least 1/3 of all reentry
work furlough beds, unless the department determines these beds are
not available or do not comply with this chapter. The department
shall report annually in writing to the fiscal and appropriate policy
committees of the Legislature of the actions performed to locate
those beds or reasons for noncompliance. This provision shall not be
interpreted to impair existing contracts.
The Department of Corrections may contract with a public or
private nonprofit or profit corporation meeting all the following
(a) Availability of a work furlough facility in compliance with
standards established by the Department of Corrections.
(b) Location of a facility in proximity to geographical areas
providing employment opportunities and public transportation
(c) Cost proposals equal to or less than the per capita amount for
housing in a correctional institution, including administrative
(d) Criteria for placement that does not differ significantly from
the policies of the Department of Corrections.
(e) Submission by the agency of operational guidelines that are
approved by the Department of Corrections pursuant to its
(f) Compliance with other requirements deemed appropriate by the
Department of Corrections, including, but not limited to, visiting
procedures, 24-hour security, and recreation.
(g) Efficient fiscal management and financially solvent.
(a) The Department of Corrections shall deny placement in a
reentry work furlough program if it determines that an inmate would
pose an unreasonable risk to the public, or if any one of the
following factors exist, except in unusual circumstances, including,
but not limited to, the remoteness in time of the commission of the
(1) Conviction of a crime involving sex or arson.
(2) History of forced escape, or of drug use, sales, or addiction.
(3) Parole program or employment outside the area served by the
(4) History of serious institutional misconduct.
(5) Prior placement in a protective housing unit within a
correctional institution, except a person placed there while
assisting a public entity in a civil or criminal matter.
(6) More than one conviction of a crime of violence.
(b) Nothing in this section shall be interpreted to limit the
discretion of the Department of Corrections to deny placement when
the provisions of subdivision (a) do not apply.
(c) Inmates transferred to reentry work furlough remain under the
legal custody of the department and shall be subject at any time,
pursuant to the rules and regulations of the Director of Corrections,
to be detained in the county jail upon the exercise of a state
parole or correctional officer's peace officer powers as specified in
Section 830.5, with the consent of the sheriff or corresponding
official having jurisdiction over the facility.
The Department of Corrections shall review each inmate for
work furlough consideration at least 120 days prior to his or her
scheduled parole date.
Any inmate violating the conditions of the work furlough
prescribed by the Department of Corrections shall be subject to the
disciplinary procedures identified in its classification manual.
The director may charge the inmate in a work furlough program
reasonable fees, based on ability to pay for room, board, and so
much of the costs of administration as are allocable to the inmate.
Fees may not exceed the actual, demonstrable costs to the department.
No fees shall be collected from an inmate after his or her tenure in
a work furlough program is terminated.
Notwithstanding any other provision of law, no inmate shall be
denied placement in a work furlough program on the basis of inability
to pay fees authorized by this section.