Alternative Sentencing

In most first offense DUI cases, the court will allow you to apply for Alternative Sentencing. Instead of doing actual jail time, you would satisfy your jail sentence by either doing work project or home electronic monitoring. You may even negotiate to get credit for in-patient rehab treatment that you have completed. Alternative Sentencing is a privilege, not a right. A person may only apply for Alternative Sentencing after the court grants approval to apply.

Alternative Sentencing Custody Credits

You will get good time/work time credits for alternative sentences. That means for every two days of actual time in custody, four days will be deemed served, or essentially half-time credit (§4019(f)). So, if you get sentenced to 30 days in jail and you complete it with alternative sentencing you would only have to do 15 days because of the half time credit. Basically, you do half the number of days for of any given sentence.

Sheriff Work Program

The Sheriff Work Program is so that low risk offenders can satisfy their court sentence without incarceration. Approval to participate in the program is at the discretion of the Sheriff and must be authorized by the court. Program fees will be assessed according to the participants ability to pay. Individuals convicted of sex crimes, arson, acts of violence against police, violent felonies, stalking, more than 3 violent crimes, or manufacturing illegal drugs are ineligible for the program.

Jail Weekender Program

The jail weekender program is for sentenced inmates who are allowed by court order to serve weekends in jail.

Electronic Monitoring program

Electronic Monitoring Program (EMP) as an alternative to incarceration for sentenced inmates. EMP is 24-hour home detention. Program participants may only leave their residence as approved for work, school, medical and/or dental appointments. Approval to participate in the EMP program is at the discretion of the Sheriff or Probation Department and must be authorized by the court. There is an application fee and a daily supervision fee. Eligibility is determined by a risk assessment, review of current charges, criminal history, law enforcement reports, custody record, previous program failures, and Court orders.

Electronic Monitoring Requirements

Common electronic monitoring requirements include not leaving the residence without approval, that your entire residence is subject to search and seizure, and that you agree to random drug and alcohol testing. Participants and everyone living at the residence are subject to the following conditions: no alcohol possession or consumption, no illegal drug use or possession, and no guns or explosives are allowed at the residence

Violation of Alternative Sentencing Program Rules

A violation of the rules of Alternative Sentencing can result in removal from the program and return to jail. In most cases, if you violate the program rules you will have to serve the balance of your sentence in custody.

Out-of-County Alternative Sentencing

Most forms of alternative sentencing can be transferred out of county. To transfer there must be a reciprocal agreement between counties. You can also get the judge to allow you to do alternative sentencing through a private home electronic monitoring company.

Out-of-State Alternative Sentencing

Most forms of alternative sentencing can be transferred out of state. The out of state jurisdiction must allow you to complete the alternative sentencing in their jurisdiction. You can also get the judge to allow you to do alternative sentencing through a private home electronic monitoring company.

You don’t have to plead guilty, contact our office today for a free same day consultation

We have successfully represented many professionals, business people, and others accused of drunk driving. We have successfully obtained acquittals, dismissals and reductions of DUI charges and have had DMV suspensions set aside. If you need to get alternative sentencing, call our law office today at (916) 939-3900.

 

PC 4019 Custody Credits

(a) The provisions of this section shall apply in all of the following cases:

(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or any city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date on which the serving of the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.

(2) When a prisoner is confined in or committed to the county jail, industrial farm, or road camp or any city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.

(3) When a prisoner is confined in or committed to the county jail, industrial farm, or road camp or any city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.

(5) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of post release community supervision or parole.

(6) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.

(7) When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.

(b) Subject to the provisions of subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(c) For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(d) This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of any industrial farm or road camp.

(e) A deduction shall not be made under this section unless the person is committed for a period of four days or longer.

(f) It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.

(g) The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.

(h) The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.

(i) (1) This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.

(2) Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the person’s probation or mandatory supervision is revoked, count towards the term to be served.

(j) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.