-I'm here with top San Diego County criminal defense lawyer
Michael Scafiddi.
And Mike, I want to ask you about the work release program
here in the county, the sort of, as a jail alternative.
And first of all, I mean just by way of background,
sometimes when a person gets sentenced
to do county jail time, instead of having to go and spend
the night in jail and actually sort of live in the jail,
they get to do work release, right?
-That's correct.
-And I guess my first question is,
does the judge have to approve that,
or can somebody automatically do that,
if they get sentenced to jail time.
-Well, typically, what will happen in San Bernardino
County, they'll be a negotiated resolution
between our office and the district attorney.
And we'll negotiate that upfront whether or not
it's going to be straight time, or a work release program.
Ultimately, the court has to sign off on that plea.
So ultimately, the court does have the ability
to either accept or reject the work release program.
-So generally, you'll negotiate it with the DA
as part of the plea, get the DA on board,
and then finally get the judge on board.
-That's correct.
-And if somebody does get, if they're
entitled to do the work release, logistically,
how does that work?
-Well, typically, in San Bernardino County,
we're going to give our client, who
we've entered a plea for work release, around 30 to 45 days
to appear at the Glen Helen facility
in Devore, which is in north San Bernardino.
They have to present themselves to the San Bernardino County
Sheriff's official there.
They have to pay $100.
Cash only, no checks or credit cards at the jail,
and a photo ID.
And they have to do that either their reporting date,
or prior to that reporting date.
And they'll be processed for the work release program.
-And then, let's say I have 30 days,
I have to do 30 days of work release.
Am I going to do, do I have to do
that like 30 consecutive days?
Could I do that over weekends?
Could I do like three days here and three days here?
Do I have some flexibility, in terms of that?
-Typically, there is some flexibility.
Generally, people will do it to the work release
program on the weekends.
They'll report on a Saturday morning
to a set site, Norton Air Force Base, the former Norton Air
Force Base, or some Caltrans duty on the side of the road.
And they'll do that all day Saturday until about 3:00,
3:30 in the afternoon, and then come back on Sunday.
Now the sheriffs do have the ability
to have someone work Monday through Friday.
But typically, because people are working
and things like that, they'll do their work release
in two-day blocks on the weekends.
-So usually, it's weekends, but it
can be arranged to do weekdays, as well.
-That's correct, it can.
-And I imagine if somebody has a lot of jail time to do,
it would be easier just to sort of do it over during the week,
as well, because there may not even
be enough periods in the probationary period, right?
-That's correct.
And I always recommend to clients,
if they have the time to do it, they
should get it done as soon as possible,
because things happen, and you don't
want to miss your work release time,
because it could lead to a potential violation
of their probation.
-So if you're not making progress on your work release,
and the case goes before the judge, he can revoke that
and say, OK, now you're going to go literally into West Valley,
and do straight time.
-That's correct.
That's what the court will do.
If they give you a chance to do work release,
and they've given you an extended period of time to get
it done during a probationary period,
and you don't get it done, they're going to say,
you know what, we're going to make sure you get done.
And we'll just put you up West Valley Jail, or Central
Detention Center, or the jail up in Atlanta.
They'll find the bed for you, if they feel like you're not
doing what you're supposed to do.
-So you've got to really be on top of it, and be proactive.
-Absolutely.
And what I tell our clients all the time, Neil,
is if you're having problems, whether it's transportation
problems or some family emergencies have come up,
let me know, and what we'll do for them, by the way,
at no additional charge, we'll go into court
and we'll modify that term to give them more time.
-So if the judge gave them six months to do it,
maybe modify it to give them a year or 18 months,
so that it's more practical for them.
-That's correct.
And that's a service, that when we tell people
when we represent them, we represent them
from beginning to end.
And that's a service we'll throw in at no cost to them,
as a professional courtesy.
-Now, in terms of cost to the program,
you said it's $100 to sign up, right?
-Correct.
-Now, let's say I have 60 days of work release to do.
Is there any more cost, or is it just $100 up front?
-It's just $100 up front.
But let's say, for example, you get thrown out
of the work release program, and we
have to go back into the court and get you reinstated
in what we would call original terms of the probation,
you're going to have to pay that $100 again.
So that occasion, if you do fall out of the program,
they're going to want their money,
and you're going to have to pony it up.
-Now, what's a typical day like?
I mean, let's say Saturday, I'm going
to go do a work release day.
What is my day going to look like?
-Let's say, for example, you're assigned
to a work crew that's going to work around the old Norton Air
Force Base near downtown San Bernardino.
Typically, you're going to report on a Saturday
to a designated area, at around 7:00, 7:30 in the morning.
You're going to be met by a crew chief,
and you're going to be assigned with other individuals
to work a certain area.
It could be pulling up weeds or grass,
or picking up trash along the side
of the roadway or the exterior fence.
And you're generally going to work--
there will be a lunch break-- you're generally
going to work to about 3:00, 3:30 in the afternoon.
-And starting is what time?
-About 7:30.
And generally, it's about 3:30, and the same thing
will happen again on Sunday when you're up for work.
-So I mean, it's labor, but it's not anything,
it's not a terrible hardship.
-I wouldn't say it's a terrible hardship, but in San Bernardino
in the summer, when it's 100 degrees,
but it feels like it's 175 degrees.
-You're going to be outside.
-You're going to be outside, and it could have a wear
and tear on your body.
And typically, what we'll do on something like that,
we'll try to get that converted to some sort of community
service, especially if you have an older client, or someone
with a disability.
-But in any case, I mean, it certainly
beats spending the day and the night in West Valley Detention
Center, or one of the actual jails.
-My opinion in talking to the clients, all the clients we
have, work release is always better than straight jail time.