Work Release Programs in Alabama
Alabama has several alternative sentencing options for criminal defendants. Many of these alternative sentencing options allow defendants to avoid serving time in jail. For example, the court may sentence a defendant to house arrest or electronic monitoring instead of sending them to jail. A defendant may qualify for supervised probation, a diversion program, or a work release program.
Work release programs in Alabama have drawbacks. Inmates may be required to work in dangerous situations without any say about their work conditions. If they are injured while on work release, they may not be adequately compensated for impairments or disabilities.
This blog discusses work release programs in Alabama. Understanding your options for sentencing after a criminal conviction is important. You may be able to avoid jail time if you qualify for a work release program or leave jail to work and return after your work shift ends.
What Is the Difference Between Work Release vs. Work Detail Crews?
Many people are familiar with prison work crews. You can see them working on the side of the road and in other places. They are in prison uniforms and are being supervised by officers. Work release programs are not the same as work crews.
A work crew consists of inmates sentenced to volunteer time or labor. The inmates are not paid for their work or released into the community. They remain incarcerated and only leave prison to perform unpaid labor while being supervised by officers.
Work release programs allow inmates to work in the community for private or public parties. The inmates are paid for their services. They are transported to their jobs and must remain at the job until they are picked up to return to prison. If they leave their job site, they are considered an escapee.
How Are Inmates Paid for Work Release Programs in Alabama?
An employer pays the inmate’s wages to the Alabama Department of Corrections (ADOC). The employer withholds all required taxes and other deductions as they would for a regular employee.
The ADOC deducts 40% of the inmate’s gross earnings to assist in paying for their incarceration. The balance is credited to the Inmate Trust Fund (ITF) account.
Inmates may be required to pay court-ordered restitution, child support, and court costs from their earnings. Otherwise, the inmate can withdraw funds from their ITF account based on the balance in the account.
What Does Work Release Eligible Mean in Alabama?
Work release programs in Alabama have specific eligibility requirements. Generally, an inmate must be within a specific time frame from their release date to qualify for a work release program. The time frame varies but often ranges from six months to four years.
Inmates must demonstrate good behavior. They must also be willing to participate in education and vocational training. The inmate undergoes a thorough assessment to determine if they are suitable for a work release program.
Some misdemeanor and felony criminal offenses may disqualify an inmate from work release programs. Generally, only inmates classified as minimum security qualify for a work release. The Alabama Department of Corrections makes the final decision on whether to allow an inmate to work in the community.
Understanding Your Rights if You Are Assigned to a Work Release Program
A work release program offers several benefits for inmates. They can earn income while serving time. They also may learn new skills that prepare them to find work after they are released from prison. Additionally, some work release programs don’t involve confinement at all–just reporting to the program.
However, a large portion of their wages is taken by the state. The inmate may be assigned to a job that is not compatible with their skills or physical abilities. Many inmates fear they will be sent back to prison and assigned unpaid internal prison work if they complain about their work conditions.
It is important to consult with a criminal defense attorney about work release programs to understand your rights and responsibilities. Violating the terms of a work release program could result in severe penalties.
Get Help With a Criminal Case in Alabama
A criminal conviction could result in losing your freedom and rights. An experienced Birmingham criminal defense lawyer can prepare a defense and advocate for you in negotiations for a plea deal and at trial. If you have questions about work release or any other criminal defense topics, call Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation with an attorney to discuss how we can help you.
Contact a Birmingham Criminal Defense Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham criminal defense lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800