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 conditions:
  (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 services.
  (c) Cost proposals equal to or less than the per capita amount for housing in a correctional institution, including administrative costs.
  (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 classification manual.
  (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 offense:
  (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 facility.
  (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.