CPAC As An Alternative To Incarceration In San Diego
CPAC As An Alternative To Incarceration In San Diego
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San Diego County in California adopted a policy that allows the consideration of Electronic Home Confinement through a surveillance program called CPAC (Community Program Alternative to Custody). This initiative was born as an alternative to incarceration due to the overcrowding of jails, limited budgets, and health problems the county is facing and a criminal defense lawyer can help you determine if you are eligible for this program.
Key Takeaways:
- Purpose and Eligibility of CPAC:The CPAC (Community Program Alternative to Custody) program in San Diego provides non-violent offenders with a jail alternative, allowing them to serve their sentence at home under electronic monitoring. It is available for those with sentences of one year or less and excludes serious or violent felonies.
- Program Variants and Benefits: CPAC offers various options, including Home Detention, Work Furlough, and Pretrial supervision. Participants may continue working, attend school, and fulfill essential appointments, promoting rehabilitation while minimizing jail overcrowding.
- Strict Rules and Requirements: Participants must comply with electronic monitoring, refrain from alcohol or illegal substances, and adhere to residency restrictions. Non-compliance or tampering with monitoring equipment can result in removal from the program and incarceration.
What is CPAC?
CPAC consists of an electronic monitoring program that San Diego County supervises. It can be implemented on people who have received a jail sentence of one year or less and their felony was not serious or violent.
This program also allows the person to keep their job and avoid serving time in jail because the sentence will be completed at home.
The CPAC program will let the person travel to and from work only. In other words, social travel or unapproved movement to other places is not allowed.
Another option for house arrest for people with DUI-related crimes is SCRAM, which stands for Secure Continuous Remote Alcohol Monitor, and it consists of a bracelet that monitors the person’s alcohol levels through the skin every 30 minutes.
CPAC Programs And Their Differences
RRC / Work Furlough
This program, administered by CoreCivic Inc., provides participants in CPAC San Diego with the opportunity to work or attend school during their sentence. Additionally, staff are available to assist with other needs such as housing, job searching, and access to social services.
Home Detention
The CPAC San Diego Home Detention program allows court-referred custody to be served at an approved residence as an alternative to county jail. While participating in this program, individuals may work, attend school, or go to medical appointments, among other approved activities.
Pretrial
Unsentenced defendants may be referred to the CPAC San Diego Home Detention program as an alternative to bail. All referrals must come directly from the court, with home detention stipulated on the defendant’s Superior Court minute order. Approved participants can still choose to bail out of custody, which releases them from home detention and CPAC supervision.
County Parole
County Parole provides eligible individuals with early release from custody through CPAC San Diego. Sentenced individuals meeting the program’s criteria can apply for a hearing with the County Parole Board.
Fire Camp
The Fire Camp program, collaboratively administered by CAL FIRE and the California Department of Corrections and Rehabilitation (CDCR), is available for incarcerated individuals in CPAC San Diego custody who meet specific criteria. Participants must be sentenced under Penal Code 1170(h) and currently in the custody of the San Diego County Sheriff. This voluntary program allows eligible individuals to apply by submitting an Incarcerated Person Request form (J-20) to the Detentions Processing Division (DPD).
What Are The Rules That A Person With CPAC Has To Follow?
Some of the rules a person who is granted house arrest through CPAC has to follow are:
- To remain within the interior premises of their residence during the hours the Sheriff’s County Parole and Alternative Custody (CPAC) Unit designated.
- If any CPAC staff member, San Diego Sheriff’s Deputy, or peace officer arrives at the residence at any time or purpose, they are to be admitted to verify compliance with the conditions of the detention.
- They must agree with the use of electronic monitoring, which may include GPS surveillance.
- Accept that they can be removed from the program without a court order and be taken into custody if several criteria are not met.
- The electronic monitoring equipment should not be tampered with, deliberately damaged, or removed.
- Accept that all of the program fees (paid or prepaid) are nonrefundable.
- The person must reside in San Diego County and provide proof of residency. They also have to maintain electricity with the residence and a telephone to be contacted by CPAC staff.
- All of the residents of the household who are over 18 years old must agree to the conditions listed on the Cohabitant Acknowledgement Form.
- No one is allowed to move into the household unless prior permission is obtained from CPAC staff.
Can A Person With CPAC Consume Alcohol?
Among other rules, the person who is serving home confinement will need to agree not to consume or possess alcoholic beverages, illegal drugs, or narcotics. If they are taking prescribed medication, the CPAC staff must be notified.
Guns, explosives, or deadly weapons restricted by the Penal Code in California will not be allowed in the home.
Another condition to be accepted into the CPAC program is to submit to chemical, blood, breath, saliva, or urine testing when deemed necessary. Also, the person may be directed to enroll and participate in treatment programs or counseling by the CPAC staff.
Finally, the person who has joined the CPAC program will not have any form of contact or communication with inmates in any jail, correctional facility, state prison, gang members, or convicted felons. In addition, they will submit themselves, their property, or their residence to search without a warrant or probable cause at any time by the CPAC staff.
How Do I Qualify For CPAC?
For you to qualify for CPAC in San Diego, California, the crime you committed must have been a misdemeanor or something related to a drug crime, repeat DUI, theft, and fraud. However, you will require a good defense lawyer who can prove that you are eligible for house arrest through the CPAC program.
At Kannan Law, we want you to avoid unnecessary jail time and CPAC might be an option for you. Contact us today and receive a consultation, we will be ready to assist you as we have broad experience in criminal defense in California.
Frequently Asked Questions
Who qualifies for the CPAC program in San Diego?
Eligibility depends on factors such as the nature of the offense, sentence length, criminal history, and behavior during incarceration. Non-violent offenders are more likely to qualify. A review by the court or probation department determines eligibility on a case-by-case basis.
What are the requirements for participating in CPAC?
Participants must maintain a residence within the program’s jurisdiction, adhere to all monitoring rules, attend required appointments, and avoid any violations of the law. Some participants may also need to pay fees for the monitoring equipment and program administration.
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During the COVID-19 outbreak, KANNAN law firm took the time to listen to my case concerning a loved one who is at the end of his sentence who I’m greatly concerned about as this virus vastly spreads.
Unlike all other lawyers I had spoke too, they called me back immediately, explained the new order in place.. they weren’t after my money or to take advantage of us who have loved ones in the system during this horrible pandemic.
Thank you, I appreciate it from the bottom of my heart!
E W