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.