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California Penal Code Section 4024.3

Legal Research Home > California Laws > Penal Code > California Penal Code Section 4024.3

4024.3.  (a) Notwithstanding any other law, the board of supervisors
of any county in which the average daily inmate population is 90
percent of the county's correctional system's mandated capacity may
authorize the sheriff or other official in charge of county
correctional facilities to operate a program under which any person
committed to the facility is required to participate in a work
release program pursuant to criteria described in subdivision (b) of
Section 4024.2. Participants in this work release program shall
receive any sentence reduction credits that they would have received
had they served their sentences in a county correctional facility.
Priority for participation in the work release program shall be given
to inmates who volunteer to participate in the program.
   (b) For purposes of this section, all of the following definitions
apply:
   (1) "County correctional system's mandated capacity" means the
total capacity of all jails and other correctional facilities for the
permanent housing of adult inmates within the county.
   (2) "Mandated capacity" of any facility is the capacity for that
facility as established by court order or the facility's rated
capacity as established by the Board of Corrections, whichever is
less.
   (3) "Average daily jail population" is the average total number of
inmates incarcerated within the county jail system computed on an
annual basis.
   (c) (1) The board of supervisors may prescribe reasonable rules
and regulations under which a work release program authorized under
this section is operated and may provide that participants wear
clothing of a distinctive character while performing the work. A
person shall be advised by written notice to appear before the
sheriff or at the educational, vocational, or substance abuse program
at a time and place specified in the notice and shall sign an
acknowledgement 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
designated in the notice, 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 and acknowledgement
shall be delivered to the person and a copy shall be retained by the
sheriff.
   (2) Any person who willfully fails to appear at the time and place
specified in the notice is guilty of a misdemeanor.
   (3) 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 work
release program, that describes with particularity the person to be
retaken.
   (d) Nothing in this section shall be construed to require the
sheriff or other official in charge to assign a person to a work
release program pursuant to this section if it appears from the
record that the person has refused to perform satisfactorily as
assigned or has not satisfactorily complied with the reasonable rules
and regulations governing the assignment or any other order of the
court.
   (e) 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.
   (f) 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