Santa Barbara County Municipal Code Art. XII Work-Furlough Program

The board of supervisors of the county finds, on the basis of local employment conditions, the state of the county jail facilities and other pertinent circumstances considered by the board, that the operation of Section 1208 of the Penal Code of this state, providing for the operation of a work-furlough plan for county jail prisoners, is feasible in this county and will be in the best interest of the county.

(Ord. No. 2242, § 1; Ord. No. 4175, § 1)

The sheriff of this county is hereby designated as the officer who shall perform the functions of work-furlough administrator.

(Ord. No. 2242, § 2; Ord. No. 4175, § 1)

(a) The sheriff may offer a voluntary program under which any person committed to the county jail may perform eight hours of labor on public facilities or in support of nonprofit organizations in lieu of each one day of confinement, subject to the court's right to restrict or deny eligibility for the work release program to a defendant sentenced to confinement for a period of fifteen days or more. A person shall be eligible for work release under this ordinance only if the sheriff concludes that such a person is a fit subject therefor. Nothing in this section shall be construed to require the sheriff to assign labor to a person pursuant to this section if it appears from the record that such person has refused to satisfactorily perform labor as assigned or has not satisfactorily complied with the reasonable rules and regulations governing such assignment. As used in this section 2-93, "labor on public facilities or in support of nonprofit organizations" means manual labor pursuant to the provisions of Penal Code Section 4024.2, as it may from time to time be amended. "Nonprofit organizations" means organizations as described in Penal Code Section 4024.2 which are established or operated for the benefit of the public or in support of a significant public interest, as set forth in Section 501(c)(3) of the Internal Revenue Code. Organizations established or operated for the primary purpose of benefiting their own memberships are specifically excluded.

(b) The rules and regulations under which such labor is to be performed are as follows:

(1) After a person is sentenced to the county jail and qualifies for the work release program, he may make application for the program through the work furlough facility staff after being booked into the main jail. After admission to the program, he will be assigned to a job with a county, state or city agency, or a nonprofit organization.

(2) The person will wear his own items of clothing while participating in the program.

(3) The person will bring a sack lunch with him.

(4) The person will be supervised by the personnel of the public entity or nonprofit organization to which he is assigned.

(5) The person will be given a break every two hours and a one hour lunch and will go home after the normal work day is concluded.

(6) The county jail's rules of conduct for inmates will be adhered to by persons involved in this work release program.

(7) If a person fails to report for his work assignment, it will be considered as an "escape" and a warrant will be issued for his arrest.

(8) A program administrative fee not to exceed the pro rata cost of administration, shall be paid by each person admitted into the work release program under this section 2-93.

(c) This section 2-93 is enacted pursuant to Penal Code Section 4024.2 as it may from time to time be amended.

(Ord. No. 3301, § 1; Ord. No. 3386, § 1; Ord. No. 4175, § 1)

The work furlough administrator shall have authority to enter into intercounty work furlough agreements pursuant to the provisions of Penal Code Section 1208.5.

(Ord. No. 3704, § 1; Ord. No. 4175, § 1)

(a) In addition to the work furlough program authorized pursuant to section 2-93 herein, the sheriff may offer a voluntary program under which any person committed to the county jail may participate in a home detention electronic monitoring program during their sentence in lieu of confinement in the county jail.

(b) In some cases, inmates may be placed involuntarily in a home detention program during their sentence in lieu of confinement in the county jail pursuant to Penal Code Section 1203.016.

(c) The board of supervisors, pursuant to Penal Code Section 1203.016(b) may proscribe reasonable rules and regulations under which the home detention program may operate, which rules and regulations shall be in writing and annually reviewed by the board of supervisors and the program administrator.

(d) As a condition of an inmate's participation in the voluntary home detention electronic monitoring program, the inmate shall give his or her consent in writing to participate in the program and shall agree in writing to comply with the rules and regulations of the program, including, but not limited to, those set forth in Penal Code Section 1203.016(b)(1—4), and, for involuntary participation, each participant shall be informed in writing that he or she shall comply with the rules and regulations of the program, including,but not limited to, those set forth in Penal Code Section 1203.016(b)(1—4).

(Ord. No. 4827, § 1, 2-14-2012)

The board of supervisors, pursuant to Penal Code Sections 1208.2 and 1209, may by resolution establish program administration and application fees for participation in the work furlough monitoring program.

(Ord. No. 4827, § 1, 2-14-2012)

(a) In addition to the home detention electronic monitoring program authorized pursuant to section 2-93.2 herein, the sheriff may offer an involuntarily program under which any person committed to the county jail may participate in a home detention electronic monitoring program during their sentence in lieu of confinement in the county jail pursuant to Penal Code Section 1203.017.

(b) The board of supervisors, pursuant to Penal Code Section 1203.017(b) may prescribe reasonable rules and regulations under which the home detention program may operate, which rules and regulations shall be in writing and annually reviewed by the board of supervisors and the program administrator.

(Ord. No. 4827, § 1, 2-14-2012)

(a) In addition to the home detention electronic monitoring program authorized pursuant to Section 2-93.2 herein, the sheriff may offer a program under which inmates being held in lieu of bail in a county jail or other county correctional facility may participate in an electronic monitoring program pursuant to Penal Code Sections 1203.018, if the specified conditions are met.

1. In order to qualify for participation in an electronic monitoring program pursuant to this section, the inmate must be an inmate with no holds or outstanding warrants to whom one of the following circumstances applies:

a. The inmate has been held in custody for at least thirty calendar days from the date of arraignment pending disposition of only misdemeanor charges.

b. The inmate has been held in custody pending disposition of charges for at least sixty calendar days from the date of arraignment.

(b) Pursuant to Penal Code Section 1203.018(d), the board of supervisors, after consulting with the sheriff and district attorney, may prescribe reasonable rules and regulations under which an electronic monitoring program pursuant to this section may operate, which rules and regulations shall be in writing and annually reviewed by the board of supervisors.

(Ord. No. 4827, § 1, 2-14-2012)