Avoid Jail

Current Jail Alternatives

Sonoma County will be exploring the following New Jail Alternatives. These future jail alternatives were recently discussed at the January 2008 Annual Judges State of the Union presentation by the Sonoma County Bar Association:

1. Early Case Resolution: This future Jail Alternative, is one which has not been fully developed but is being explored by a committee of judges and county officials One of the main goals of the program is to prevent defendants from languishing in jail thus, taking up valuable and costly jail space. One of the reasons that this program is being considered along with the next two mentioned below, is that it will save tax payers, hundreds of millions of dollars over the long-run, while improving the chances of successful rehabilitation. The county is pondering ways to avoid the construction of a new $300 million dollar jail.

   The goal of the Early Case Resolution jail alternative is to process those defendants who need treatment and desire treatment to get them into suitable treatment programs sooner, rather than later, thus, improving their chances of meaningful treatment. This alternative to jail would help cut-down on the number of expensive jail bed spaces and thus, would delay the building of a very expensive new jail facility and even more expensive maintenance and staffing of this capital works project. This would again, save the tax payers hundreds of millions of dollars over the long run.

2. Community Corrections Center The second meaningful Alternative To Jail Program that is being seriously considered for implementation in the year 2008, is the Community Corrections Center. This would represent a wholesale change where, instead of jail, a Correction Center would be set-up and would be staffed by treatment personnel, with a variety of treatment programs in place. The County is looking at about 210 beds in a facility such as the one proposed. Honorable Judge Elliot Lee Daum, and other Judges, together with county officials visited similar facilities in Washington County, Oregon and Washoe County in Reno, Nevada, and were impressed with the results and cost savings. These Jail Alternatives were praised by not only the District Attorney’s Office, Judges, Public Defender’s Office and the Criminal Defense Bar, but by County Officials who believe, that these Jail Alternatives would save the tax payers hundreds of millions of dollars and prove effective in treating those who need and seek treatment.

3. Pre-Trial Release Program: Similar to the Early Case Resolution, this program attempts to get those accused/inmates, into rehabilitation as soon as possible so that they are receiving the necessary and appropriate treatment that they need, while they are spending time in jail, at tax payers expense.

4. Homeless Court: This pilot program is expected to be initiated in 2008. This jail alternative court will interface with the inmates who are presently in the jails, who are homeless, or close to being homeless. The jail staff will work with the inmates together with County Mental Health providers and other professional staff and probation. This Court will work together with the Mental Health Court, that will be established in the Criminal Division. The county already has an established Domestic Violence and Drug Court which will interface with the homeless court.

   There will be a great deal more information about these up-coming programs when they are officially operating. That information will be posted on this web page when it becomes available. In the meantime, please speak to your attorney about these new and innovative programs that will be implemented by the Sonoma County Court System.

Pre-sentencing Jail Alternatives:

Released on Own Recognizance (OR)

Your attorney will request this type of release prior to your sentencing. OR is granted based on your promise to appear at future court proceedings.

Supervised Own Recognizance (SOR)

Your attorney will request this type of release if the request for OR is denied. This type of release means your behavior is strictly controlled, which can include testing for alcohol and drug use, warrantless search and seizure, and stay away orders from the victim, if any. Many other conditions can apply – ask your attorney. Failure to meet the strict terms and conditions may result in you being returned to jail.

Post-Sentencing Alternatives:

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 and your record will not show the charge; however, an arrest record does not 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). The benefits of PI not only allows avoidance of jail time, but also allows the 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 may be provided.

Educational Sentencing Program (ESP)

This program provides a wide range of educational and behavioral 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. The benefits of ESP not only allows avoidance of jail time, but also allows the participant to maintain employment and a fairly normal life. There are a wide array of classes and training available, including anger management, parenting and employment assistance, among others.

Work Release

In lieu of jail time, the court will permit you (as long as the District Attorney does not object) to work for the County of Sonoma for eight hours a day, which equals one day of jail. Benefits of this alternative: the participant avoids jail time and is allowed 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 or her employment during the day while spending the night in jail. The benefit of this program: the participant does not avoid jail time, but is allowed to remain employed in order to continue providing for his or her family, spending only nights in jail.

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. The benefit of this alternative: avoidance of 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.

Jail Alternatives for Juveniles

Juvenile Justice Alternative to Jail - Restorative Resources aka (Restorative Justice)

This is in effective Community Collaboration Alternative to incarceration in Juvenile Hall, which is used to prevent crime and to act as a conflict resolution tool.

Restorative Resources is a Sonoma County Non-Profit Organization, founded on the principles of Restorative Justice.

1. These principles recognize that when a young person (under 18 years old) commits a crime:
1. This is viewed as an act against people and relationships.
2. This is viewed as an act against people and relationships.
3. This is an act against the law. These are the principles of the Alternatives to Jail.
2. When the youth commits the crime, the youth creates an obligation to:
1. The victim.
2. The community.
3. The State.
3. The Philosophy of Restorative Justice:

When the person (youth) meets the necessary obligation of taking responsibility for his or her own actions, then they begin to understand and value the relationships with other people, their community and the law. This enables the community and the victim to heal from the harm done by the crime. As a result, the risk of future harm and crime is reduced and the community is strengthened.

This program, Restorative Justice, has been very successful in New Zealand and wherever it has been tried so far in the United States.

One of the successful components of Restorative Justice is that the program strives to create a network of relatedness between Law Enforcement, Schools, the Court System, Diversion Programs, Probation, Community Based Organizations, the religious community and the public to ensure that the offender is brought into the system, and is able to recognize his or her responsibility and connectedness to the community. All these factors, together, allow the defendant to be integrated into the community for greater success.

Mental Health Court (Juvenile Division)

This program will be established in 2008, with a dedicated staff of physiologists, psychiatrists and dedicated probation officers. Daily family visits will be encouraged with the goal of treating offenders at home, rather than at the Juvenile Facility; keeping out, those non-dangerous offenders taking up valuable bed space. This will save the tax payers a great deal of money in the short, and long run.

Tom Joynt, who works closely as a liaison between the school districts and the Juvenile Justice System will help to coordinate the services that are offered at the schools and those that will be provided by the Juvenile Justice System, to ensure maximum success. This program also ties into the Truancy Program, that was established by Judge Allen D. Hardcastle.

Attorney Michael A. Fiumara, is very familiar with these Alternative to Jail Programs. Mr. Fiumara has remained at the forefront of the most innovative and cost effective practices that ensure maximum rehabilitation and minimal incarceration.

I highly recommend that you speak to your attorney about getting into one of these Jail Alternative Programs, so that you may take advantage of rehabilitation versus real hard-core jail or prison time.

If you wish to inquire about more jail alternatives, including, but not limited to, community corrections centers, homeless court, early case resolution, and the pre-trial release program, please contact the Law Offices of Michael A. Fiumara today!