Work Release/Weekend(er) Processing - qualifying as eligible

[suesmithwhippet]

What is the name of your state? CALIFORNIA

On 12/5/06, I plead guilty to a single charge of "grand theft >$400 - PC 487(A)" and a single charge of "Using Personal Ident Info of Another to Obtain Credit - PC 530.5(A)." These were my very first charges of any kind, and I was sentenced to 36 months probation which includes being committed to the custody of the county sheriff for 180 days - the commitment to be served as authorized by the "Work Release Program/Weekender Program." I have to report for my initial processing for this on 1/16. The "Work Release Program" is defined under the penal code section 4024.2, and basically provides that a person can perform manual labor of various types, on designated work days, in lieu of traditional incarceration.

My question stems from how the determination is made for eligibility - I suffer from congestive heart failure, and this could preclude me from some kinds of physical activity. In reading the penal code section, there is a subsection (4024.2/F) that states, in summary, "...if a person is not able to perform the "manual labor" as specified due to a medical condition, that the county must have an alternative type of public sector work for them to perform." When I called the "Work Release Program" office, to check on this, I was told, that there was no such alternative, and I shouldn't bother showing up (even though that would be a FTA, and violation of my probation).

I have been trying for the last 3 weeks to get back in contact with the public defender that represented me, but they have not responded despite my daily calls and emails. In addition, I have been trying to get someone at the probation office to respond as well (I reported as directed after my sentencing, filled out an "info questionnaire" and was told I would be contacted within 45 days when I was "assigned" an officer); but again, to no avail.

I fully plan to report as directed on Tuesday morning, but my concern is that I will be found "unsuitable" for the "Work Release Program" because of my health issue. Would it be reasonable to presume that at that time, if that is the case, I would be simply remanded to the custody of the sheriff, or would I be given the opportunity to go back to court?

Any thoughts would be helpful...

(Also - one of the other terms of my probation is that I freely submit to search of my person/house/vehicle/storage, etc., for "...DETECTION OF INSTRUMENTS OF FRAUD..." - what are considered 'instruments of fraud?')

Sue

[garrula lingua]

Your choice is the assigned work, or jail time.
There are no 'alternative' programs I am aware of, just the choice of work release or jail.

Maybe you'll be the one in a thousand that can bend the norm...

Or, maybe, you should do jail time, given your medical condition and the availability of medical help in jail (and the felonies you committed).

Whose identity did you steal ?

[CdwJava]

Originally Posted by suesmithwhippet

(Also - one of the other terms of my probation is that I freely submit to search of my person/house/vehicle/storage, etc., for "...DETECTION OF INSTRUMENTS OF FRAUD..." - what are considered 'instruments of fraud?')

Good question ... given the broad nature of the conditions it would be best not to have anything that could be used to forge or falsify documents, currency, legal instruments, etc. They are not likely to spell out the specifics, because any list they articulate would not be complete.

Essentially this means that you are subject to search by law enforcement at any time they wish.

As for the work release program, on occasion they can find lighter work that needs to be done, but this is rare and might really depend on the county and the program. From the sound of it, your county does not offer this alternative regularly if at all.

- Carl

[garrula lingua]

OP: look at your sentencing sheet. It states the probation terms.

I'm sure you cannot have a credit card or bank account, & no checks in your possession.

Anything that looks like a profile will also be a violation of probation - no ID info (DL, SS#, Cr CD #, date of birth, etc.) of other people.

If I were you, I would make all purchases, & debt payments, in cash during the probation period.

During your probation, cops/probation officer can search anywhere a piece of paper may be filed/concealed/carried.

[suesmithwhippet]

Originally Posted by garrula lingua

Your choice is the assigned work, or jail time.
There are no 'alternative' programs I am aware of, just the choice of work release or jail.

I was curious, in that the penal code section that defines the specifications of the "Work Release Program" has one of the definitions within it describing the "alternative" program.

Originally Posted by garrula lingua

Maybe you'll be the one in a thousand that can bend the norm...
Or, maybe, you should do jail time, given your medical condition and the availability of medical help in jail (and the felonies you committed).
Whose identity did you steal ?

It is not my intent to "bend the norm" - I was just looking for an interpretation on the code section as to if all provisons are normally applied within programs. I am fully prepared to submit to the custody time. After appearing at the "Work Release" office as directed by my sentencing paperwork, I was referred to the "Home Arrest" office for further application and consideration, and will be working with that department.

The "identity" was that of the signature.

[suesmithwhippet]

Originally Posted by CdwJava

Good question ... given the broad nature of the conditions it would be best not to have anything that could be used to forge or falsify documents, currency, legal instruments, etc. They are not likely to spell out the specifics, because any list they articulate would not be complete.

Essentially this means that you are subject to search by law enforcement at any time they wish.

As for the work release program, on occasion they can find lighter work that needs to be done, but this is rare and might really depend on the county and the program. From the sound of it, your county does not offer this alternative regularly if at all.

- Carl

Thanks Carl. From what you're describing, it sounds as if I'm going to have to dump all of my computer equipment, which will make my ability to be employed a bit of a hassle, since technical support/admin support/training is what I normally do for a living ... but I will do so in order to comply. I figured that I could be subject to search at any time. And my county does not offer any sort of "lighter" work, as I found today when I appeared for processing, but I will be working with the home-arrest department folks for further programs.

[suesmithwhippet]

Originally Posted by garrula lingua

OP: look at your sentencing sheet. It states the probation terms. I'm sure you cannot have a credit card or bank account, & no checks in your possession. Anything that looks like a profile will also be a violation of probation - no ID info (DL, SS#, Cr CD #, date of birth, etc.) of other people.

The sentencing sheet only makes mention of "instruments of fraud" but doesn't define what those might be.

Originally Posted by garrula lingua

If I were you, I would make all purchases, & debt payments, in cash during the probation period.

Duly noted; thank you.