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California Penal Code Section 4024.2

Legal Research Home > California Laws > Penal Code > California Penal Code Section 4024.2

4024.2.  (a) Notwithstanding any other law, the board of supervisors
of any county may authorize the sheriff or other official in charge
of county correctional facilities to offer a voluntary program under
which any person committed to the facility may participate in a work
release program pursuant to criteria described in subdivision (b), in
which one day of participation will be in lieu of one day of
confinement.
   (b) The criteria for a work release program are the following:
   (1) The work release program shall consist of any of the
following:
   (A) Manual labor to improve or maintain levees or public
facilities, including, but not limited to, streets, parks, and
schools.
   (B) Manual labor in support of nonprofit organizations, as
approved by the sheriff or other official in charge of the
correctional facilities. As a condition of assigning participants of
a work release program to perform manual labor in support of
nonprofit organizations pursuant to this section, the board of
supervisors shall obtain workers' compensation insurance which shall
be adequate to cover work-related injuries incurred by those
participants, in accordance with Section 3363.5 of the Labor Code.
   (C) Performance of graffiti cleanup for local governmental
entities, including participation in a graffiti abatement program as
defined in subdivision (f) of Section 594, as approved by the sheriff
or other official in charge of the correctional facilities.
   (D) Performance of weed and rubbish abatement on public and
private property pursuant to Chapter 13 (commencing with Section
39501) of Part 2 of Division 3 of Title 4 of the Government Code, or
Part 5 (commencing with Section 14875) or Part 6 (commencing with
Section 14930) of Division 12 of the Health and Safety Code, as
approved by the sheriff or other official in charge of the
correctional facilities.
   (E) Performance of house repairs or yard services for senior
citizens and the performance of repairs to senior centers through
contact with local senior service organizations, as approved by the
sheriff or other official in charge of the correctional facilities.
Where a work release participant has been assigned to this task, the
sheriff or other official shall agree upon in advance with the senior
service organization about the type of services to be rendered by
the participant and the extent of contact permitted between the
recipients of these services and the participant.
   (F) Any person who is not able to perform manual labor as
specified in this paragraph because of a medical condition, physical
disability, or age, may participate in a work release program
involving any other type of public sector work that is designated and
approved by the sheriff or other official in charge of county
correctional facilities.
   (2) The sheriff or other official may permit a participant in a
work release program to receive work release credit for documented
participation in educational programs, vocational programs, substance
abuse programs, life skills programs, or parenting programs.
Participation in these programs shall be considered in lieu of
performing labor in a work release program, with eight work-related
hours to equal one day of custody credit.
   (3) The work release program shall be under the direction of a
responsible person appointed by the sheriff or other official in
charge.
   (4) The hours of labor to be performed pursuant to this section
shall be uniform for all persons committed to a facility in a county
and may be determined by the sheriff or other official in charge of
county correctional facilities, and each day shall be a minimum of 8
and a maximum of 10 hours, in accordance with the normal working
hours of county employees assigned to supervise the programs.
However, reasonable accommodation may be made for participation in a
program under paragraph (2).
   As used in this section, "nonprofit organizations" means
organizations 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 excluded.
   (c) The board of supervisors may prescribe reasonable rules and
regulations under which a work release program is operated and may
provide that participants wear clothing of a distinctive character
while performing the work. As a condition of participating in a work
release program, a person shall give his or her promise to appear for
work or assigned activity by signing a notice to appear before the
sheriff or at the education, vocational, or substance abuse program
at a time and place specified in the notice and shall sign an
agreement that the sheriff may immediately retake the person into
custody to serve the balance of his or her sentence if the person
fails to appear for the program at the time and place agreed to, does
not perform the work or activity assigned, or for any other reason
is no longer a fit subject for release under this section. A copy of
the notice shall be delivered to the person and a copy shall be
retained by the sheriff. Any person who willfully violates his or her
written promise to appear at the time and place specified in the
notice is guilty of a misdemeanor.
   Whenever a peace officer has reasonable cause to believe the
person has failed to appear at the time and place specified in the
notice or fails to appear or work at the time and place agreed to or
has failed to perform the work assigned, the peace officer may,
without a warrant, retake the person into custody, or the court may
issue an arrest warrant for the retaking of the person into custody,
to complete the remainder of the original sentence. A peace officer
may not retake a person into custody under this subdivision, without
a warrant for arrest, unless the officer has a written order to do
so, signed by the sheriff or other person in charge of the program,
that describes with particularity the person to be retaken.
   (d) This section does not require the sheriff or other official in
charge to assign a person to a program pursuant to this section if
it appears from the record that the person has refused to
satisfactorily perform as assigned or has not satisfactorily complied
with the reasonable rules and regulations governing the assignment
or any other order of the court.
   A person shall be eligible for work release under this section
only if the sheriff or other official in charge concludes that the
person is a fit subject therefor.
   (e) The board of supervisors may prescribe a program
administrative fee, not to exceed the pro rata cost of
administration, to be paid by each person according to his or her
ability to pay.
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Last modified: March 17, 2014