There are many crimes in Arizona that result in a person serving a term of jail.  A term of jail can devastate a person’s career.  However, there are two programs that will allow a person to continue working while a person is serving a term of jail.  Furthermore, these programs DO NOT extend the time a person spends in custody.

Under both the Work Furlough and Work Release programs, a person may continue working and fulfill the requirements of their sentence.  In felony cases, the courts primarily permit the Work Furlough program.  In misdemeanor cases, the courts primarily use the Work Release program.  In some misdemeanor cases, the courts may also allow the home detention program.  Below are some frequently asked questions regarding the Work Furlough program.

What is the Work Furlough program?

When a person is sentenced to a term of jail, it may be possible for that person to be released to allow the person to continue working.  Inmates accepted into the Work Furlough program are permitted to participate in work outside of the jail at their places of employment.  However, the Work Furlough program has more restrictions than the Work Release program.

How do I get Into the Work Furlough program?

There are two ways by which a person may be accepted into the Work Furlough program: (1) by court order; and (2) by the programs’ screening and approval process.  The first step in the Work Furlough program is to participate in a Work Furlough orientation (held Monday through Friday).  After going through the initial orientation, inmates are given anywhere from four (4) to eight (8) hours to go home and collect some of their clothing (see below for further information), get the initial $125.00 Work Furlough payment money order, and to have the “letter of understanding” signed by their employer.  The inmate then returns to the jail facility and has their release hours set by a Work Furlough officer.    

Where does the jail house Work Furlough inmates? 

Inmates who are selected and approved for this program are housed in a separate area of the jail facility (in Maricopa County it is “Tents”).  Inmates who are approved for and participate in this program are allowed to wear their own clothing and are not “dressed out” in jail attire while they are completing their incarceration term.

What is the cost to participate in Work Furlough?

The Work Furlough program costs the inmate’s hourly wage plus $3.00 per day (7 days per week).  For example, an individual making $12.00 per hour would pay $15.00 per day for a total of $105.00 per week to participate in the Work Furlough program.  All earnings must be submitted to the Work Furlough program, and all Work Furlough fees will be deducted from the inmate’s earning, with the balance being returned to the inmate. 

How many days per week can an inmate work?

An inmate can work a maximum of six (6) days per week, and their release hours cannot exceed twelve (12) hours per day (including travel time).  D.U.I. offenders are limited to a maximum of only five (5) days per week out of the jail.  In addition, all inmates participating in the Work Furlough program must work a minimum of thirty-two (32) hours per week.   

What can Work Furlough inmates have with them in the jail?

Per the Work Furlough handbook, the following items are permissible:

-Prescription eyeglasses

-1 jacket or sweater (no hood)

-1 plastic flashlight (C size max)

-1 watch

-1 wedding ring

-1 wallet (DL or ID)

-1 paperback book or magazine

-1 non electric clock

-Prescription medication (to be dispensed by the jail)

-5 sets of clothes

-2 pair of shoes (plus an additional pair of “shower shoes”)

-2 towels

-$40.00 in cash

What types of clothing are not permitted for Work Furlough inmates?

Sleeveless shirts, tube tops, tank tops, low cut shorts, bathing suits, shirts that expose the stomach, clothing with unacceptable language or gang affiliations printed on it, see through clothing, flip flops, sandals, and steel-toed boots are all not permitted.

What about personal hygiene items?

All personal hygiene items (shampoo, razors, toothbrushes, toothpaste, deodorant, etc. must be purchased from the jail vending machines.

Am I allowed to go home during my work hours?

No.  When you are admitted to the Work Furlough program, you agree to travel only between your place of employment and the jail, unless you are specifically authorized to do otherwise by a Work Furlough officer.  If you are dismissed early from work, on any day, you are to page your surveillance officer and inform them of this and then return immediately to the jail.  You are not allowed to go home, or to the residence of family, friends, or employers for any reason. 

Is there anything a person about to serve a term in jail must do to qualify for the Work Furlough program?

Yes.  Prior to serving a jail term, a person must successfully complete a health screening and bring the completed health screening form with them when they begin their term of incarceration. A health screening is generally required for both the Work Furlough and the Work Release program (however, shorter terms of incarceration may not require the screening in the Work Release program).  The process requires a person to go to a healthcare provider (usually a family doctor) and have them do a TB test.  The provider must also complete the healthcare screening form that states the results of the test and that the person is healthy enough to serve the term of jail.  If a person is taken into custody without this form, then the jail will either not allow them to enter the Work Furlough program or put off the person’s participation in the program until the jail’s own healthcare providers can screen them.  This process could easily take weeks.  Thus, it is essential for a person to complete the healthcare screening and bring the completed form with them when they are taken into custody.

Do the rules of the Work Furlough program ever change?

Yes.  The jail can alter their rules, regulations and costs at anytime and without notice.  The above information is merely an example of the guidelines in place at the time of this writing and may not apply to a particular case.  When someone is about to serve a term of jail, they should contact the jail and the Work Furlough program to confirm what rules and costs are in place at that time.

What is endangerment?

The crime of endangerment is charged in situations where a person places another in danger by acting recklessly. The statute, in relevant part, states:

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

When would a person be charged with endangerment?

For example, if Person A, who is extremely intoxicated, causes a car accident by hitting Person B’s car, then Person A might be charged with “endangering” Person B, even if Person B is not injured. If Person B is injured, there may be more serious charges filed against Person A, such as aggravated assault. It is important to remember that with an endangerment charge, no one needs to be actually injured as a result. Rather, the victim only needs to be placed in a position of substantial risk of injury, so the standard to a charge of endangerment is fairly low.

What are the possible consequences if convicted of endangerment?

Part B of the statute outlines the penalties attached to an endangerment charge. The crime of endangerment is only a felony if the victim is placed “in substantial risk of imminent death,” leaving room for argument to reduce the crime to a class 1 misdemeanor. The sentencing ranges are outlined on the latest version of the Arizona sentencing guidelines for the criminal code, which can be found at http://www.supreme.state.az.us/aoc/crimcode.htm. The sentence can be increased or reduced from the presumptive sentencing guidelines based on factors such as the offender’s past criminal history, the facts surrounding the incident, the age of the offender, the offender’s ability to appreciate his wrongfulness, etc.

The driver of any vehicle involved in an accident has a duty under Arizona law to stop and to provide assistance. The duty to assist arises in A.R.S. 28-663, and states:

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

Failure to comply with this statute can result in a class 3 misdemeanor charge.

The potential charge from a failure to obey the duty to stop at the scene of the accident is dependent upon the result of the collision itself.  For instance, if a person is killed or is seriously injured, and the driver of a vehicle does not stop at the scene of the accident, that person can be charged with a class 2 felony under A.R.S. 28-661(B). If any injury occurs, and the person fails to stop, then the person can be charged with a class 5 felony under 28-661(C). The court can also impose severe MVD consequences, including license revocation for 3-5 years, depending on the injury severity.

Leaving the scene of an accident that involved no injury but property damage carries a separate charge. If the accident occurred with another moving car, the person may face a class 2 misdemeanor charge under A.R.S. 28-662. Striking unattended vehicles or objects on the highway also requires a reasonable effort to locate the owner and to leave the information of the person who struck the vehicle or property. Charges of a class 3 misdemeanor can be filed under statutes 28-664 and 28-665 for non-compliance.