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Post-Sentencing

Project Intercept/Adult Diversion (PI) | Educational Sentencing Program (ESP)
Work Release
| Work Furlough Program
County Supervised Electronic Confinement (SEC) | Private Supervised Electronic Confinement and Other Monitoring Services and Technology

Project Intercept / Adult Diversion (PI)
This program provides the most flexibility either before you plead or after you enter a plea in misdemeanor cases. Once you complete the usual four month program, all charges are dismissed your record will not show the charge; however an arrest record doesn’t go away. In addition, your attorney may be able to obtain eligibility, even with a District Attorney list exception (see your attorney for this list since it may be subject to change.)

Eligibility:

Misdemeanor violations except where:

  • Previous parole or probation was unsuccessful
  • If you were granted previous diversion to a similar program, within five years
  • Previous conviction of misdemeanor or felony
  • Jail time is required by law
  • The charge is domestic violence, child sexual abuse or child neglect involving violence, a weapon, a vehicle code offense or a sex offense requiring registration
  • The charge involves violence against another person (except for Penal Code Sections 148, 242 and 415)
  • The charge was reduced from a felony to a misdemeanor (Penal Code section 17(b)(4)
  • Probation is prohibited
Duration: Four months, with at least one in-office appointment per month.
Cost: $350 ($50 initially, plus $75 per month).
Benefit: Avoids jail time, allows participant to maintain employment and a fairly normal life. The program attempts to address the underlying social ills which contribute to the criminal behavior that got the defendant charged in the first place. Job skill training and parenting classes maybe provided.

Educational Sentencing Program (ESP)
This program provides a wide range of educational and behavior modification benefits. This option may be the best if court ordered education, or use of social services, is required. This program is often a last resort when Project Intercept is denied and jail time is seriously considered by the Court.

Eligibility: Available for both felonies and misdemeanors. (Project Intercept was only for misdemeanors.
Duration: Six months.
Cost: $60 per month.
Benefit: Avoids jail time, allows participant to maintain employment and fairly normal life. Wide array of classes and training available including anger management, parenting and employment assistance among others.
Goal:

Provide a wide range of services and educational opportunities to promote and attain long term behavior changes.

Work Release
In lieu of jail time, the court will permit (as long as the District Attorney does not object) you to work for the County of Sonoma for 8 hours a day which equals one day of jail.

Eligibility: Most defendants are eligible except those charged with violent offenses including Domestic Violence.
Duration: Set by the judge at time of sentencing and written on the Court Minute Sheet by the Court Clerk. You only have a certain amount of time to contact and complete Work Release as mandated by the Court. If you fail to contact Work Release and/or fail to complete the work as directed you will be given a turn in date when you have to turn yourself into jail to serve your jail sentence.
Cost: You must sign-up for Work Release within 10 days of your sentencing and pay for the privilege of participating/working for the County instead of serving time in jail.
Benefit: Avoids jail time, while allowing the participant to work for the County during weekends or any other pre-arranged time which allows the defendant to maintain regular employment to provide for their families. The County benefits as well because work performed by the participant is in lieu of work performed by County employees, thus saving the taxpayers money. The biggest beneficiaries of Work Release are illegal aliens (non-citizens) because by avoiding jail they will not risk being deported while in custody.

Work Furlough Program
This is another alternative specifically designed to allow the participant to continue his employment during the day while spending the night in jail.

Eligibility: The Work Furlough Program is subject to acceptance by the North County Detention Facility (NCDF) Work Furlough office and they have their own criteria.
Duration: Set by the judge at time of sentencing.
Cost: There maybe administrative fees. (Contact Work Furlough for the exact amounts.)
Benefit: Does not avoid jail time but allows the participant to remain employed to continue to provide for his or her family and spend nights in jail.

County Supervised Electronic Confinement (SEC)
This option is designed for the participant whose health (or for other reasons) would make it difficult to serve time in jail. This is an important program for the illegal alien because spending time in jail can lead to an ICE (Immigration Customs Enforcement) Hold and deportation. The Probation Department attaches a monitoring device around the defendant’s ankle to monitor all activities. SEC is similar to Home Confinement but with SEC the defendant is allowed outside the home to work and to perform other necessary activities (visit doctor, attorney and attend treatment programs) and hours as approved by the Probation Department.

Eligibility: Must be sentenced to more than thirty (30) days of jail time to be eligible. Once accepted, the participant is allowed out of the home only at times pre-approved by Probation. The defendant must apply for SEC and Probation may deny you. If you are denied you may have your attorney appeal the denial.
Duration: Set by the judge at time of sentencing. The defendant receives day for day credit for time served on SEC.
Cost: The defendant is charged an administrative fee for the use of the monitoring system. This fee may vary depending on the defendant’s ability to pay.
Benefit: Avoids jail time, while allowing the participant the comforts of home life. In certain, restricted circumstances, the participant may be allowed to work outside of his or her home. The participant may leave for specific reasons, which must be cleared with their probation officer.

Private Supervised Electronic Confinement and Other Monitoring Services and Technology
In addition to the above alternatives to jail, there are many reliable and professional programs offered through for profit organizations. These agencies for profit offer versatile, reliable, and effective community-based programs that consist of state-of-the-art electronic monitoring, cellular electronic monitoring, GPS, voice verification, and SCRAM (Secure Continuous Remote Alcohol Monitor) equipment. This firm will assist defendants who have been turned away from the numerous above mentioned programs to other leaders in alternatives to jail. There are many organizations that provide a complete continuum of cost-effective client services. This will make the Probation Department’s job easier.

Eligibility: Must be sentenced to more than thirty (30) days of jail time. Once accepted, the participant must remain in his or her home while being electronically monitored.
Duration: Set by the judge at time of sentencing.
Cost: Variable depending on the service provider and services required by the court.
Benefit: Avoids jail time, while allowing the participant to live in his or her home. Privately supervised electronic confinement costs more, but comes with more comfortable monitoring equipment, variable types and methods of monitoring and can have available a wide variety of services to benefit both the County and the participant.

For more information on new and perhaps more advanced alternatives or those not offered by your County’s Probation Department it is worth taking a look at Leaders in Community Alternatives, Inc. (LCA). Ms. Summers, whom I had spoken with, invites you to email her at lsummers@LCAservices.com to explore cutting edge technology and alternative resources to avoid jail now from a leader in community corrections. I will help arrange these services if possible.

Before deciding on any one of these programs, you should consult with Michael A. Fiumara to fully understand the benefits and costs of each of these programs in order request the best fit for your personal situation.


The sooner you call us in any criminal
matter, the better off you’ll be.
Call 707-568-7240 now!



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