Many people charged with a crime believe that the only way to avoid jail is by obtaining a dismissal of their case. However, there are many other ways a person charged with a crime can avoid jail. This page discusses some of the options available to those charged with a felony or misdemeanor in Lake or Mendocino Counties.
Proposition 36
Proposition 36 (Penal Code § 1210.1, et seq.) mandates treatment rather than incarceration for the vast majority of drug offenders. With certain exceptions, when an individual is convicted of a nonviolent drug possession offense the court must suspend the imposition of sentence and grant probation and require the defendant to participate in and complete an appropriate drug treatment program as a condition of probation. The court may not impose incarceration as an initial term of probation. Nonviolent drug possession offenses are defined as unlawful possession for personal use, or transportation for personal use, of a controlled substance.
Drug diversion
Drug diversion (Penal Code § 1000, et seq.) allows first time drug offenders meeting certain requirements to enter into a drug treatment program instead of going to jail. If a defendant wants to take advantage of drug diversion, he or she must plead guilty to the charge. However, sentencing will be delayed for 18 months. During this period of time, the defendant will take a series of drug treatment classes. If the defendant successfully completes the program and stays out of trouble with law enforcement, the charge will be dismissed. Penal Code § 1000.4 states that upon successful completion of diversion, "the arrest upon which the judgment was deferred shall be deemed to have never occurred."
Jail Alternatives (Lake County)
Even if a defendant is sentenced to jail, he or she may avoid jail by applying for and being accepted to one of several programs offered by the Lake County Sheriff's Department or Mendocino County Sheriff's Department. Some charges, such as sex crimes and crimes of violence will exclude a person from eligibility for some or all of the following alternatives to jail.
| Program | Length of jail sentence | Must be a Lake County resident | Must have a full-time job | Cost |
| Home Detention | 21 days or more | Yes | Yes | $40.00 plus $10 to $20 per day |
| Alternative Work Program | 20 days or less | Yes | No | $35.00 plus $8.00 per day |
| Weekends | Less than 45 days | No | Yes | $153.66 per weekend |
For more information call the Lake County Sheriff's Department at (707) 262-0626.
Jail Alternatives (Mendocino County)
| Program | Length of jail sentence | Must be a Mendocino County resident | Must have a full-time job | Cost |
| Work Release | 45 days or less for a misdemeanor conviction | No | No | $35.00 plus $10.00 per day |
| Home Detention | Must apply while in custody and must serve at least 15 days in jail | Yes | No | $75 registration fee |
| Work Furlough | At least 30 days of actual time | No | Yes (The job must be in Mendocino County) | $125 application fee plus additional fee per day based on your income |
For more information regarding the work release program call (707) 463-4092.
For more information regarding the home detention program call (707) 463-4625.
For more information regarding the work furlough program call (707) 463-4271.
Work Service
In many cases, a judge may order a defendant to perform work service as a condition of probation. Mendo-Lake Alternative Services oversees court ordered work service in Lake and Mendocino Counties. There is a $65.00 registration fee to sign up for work service. Work service may be performed outside of Lake and Mendocino Counties. For more information regarding work service call Mendo-Lake Alternatives at (707) 263-6966 for Lake County cases and (707) 468-3422 for Mendocino County cases.
