No one wants to be locked up, but those sentenced to time in a California jail facility may make their stay more comfortable by opting to pay to stay in a private jail. These alternatives to traditional incarceration allow you more privacy and a little less risk than conventional public jails. They can even provide you a chance to serve your sentence on weekends or during the evening after work. “I sometimes have clients ask me about these programs,” says attorney Peter Liss. “It’s smart to contact your lawyer if you’re interested in a pay-to-stay jail program because they aren’t available to everyone and can be very expensive.”
What is a Pay-to-Stay Jail?
Some cities in California offer those convicted of a crime to serve their time in private city jails that contract with the government to house inmates. These facilities profit by charging prisoners for their incarceration, which is why they are known as pay-to-stay jails. In exchange for their payments, inmates can often expect better food, cleaner conditions, cushier cells, and more privacy since most inmates in these facilities have private cells. “I know most people would rather stay in these jails because amenities may include flat-screen TVs, private phones, computers, refrigerators, softer beds, and more,” says Liss. Most inmates are also allowed to bring personal effects such as laptops and books. “I’ve even heard that many inmates have family and friends help them by bringing in their favorite foods,” adds Liss.
These prisons are often safer than county jails, as they are only open to those sentenced to less than one year in jail, and some do not admit anyone convicted of violent crimes, drug charges, or theft offenses. They also often offer fewer medical risks, as inmates have to undergo medical evaluations before being admitted and cannot have tuberculosis or other dangerous contagious diseases. Beyond that, having a private cell also reduces your potential exposure to violence and disease.
Are There Downsides to Pay-To-Stay Jails?
Many critics of these programs argue that they create a two-tier jail system that allows the wealthy to be punished for crimes differently than the poor. “What a slap in the face for the concept of equal justice for all,” Peter Eliasberg, legal director for the American Civil Liberties Union of Southern California, told the staff of San Quentin News.
Even for those who support this system, though, there are still downsides to serving time in a private jail facility. “A major drawback to paying for private jail facilities is that there is no option for early release,” explains Liss. In other words, if you have been sentenced to serve 30 days, you must serve all 30 days.
Additionally, many of these facilities are not open to women, so if you are a woman seeking incarceration in a private jail, your options will be more limited.
How Much do Private Jails in California Cost?
Prices vary greatly based on the specific private facility. One of the most inexpensive programs is that of the LaVerne jail, which costs $45 a day (as of 2020), whereas one of the most expensive is the Hermosa Beach Police Station jail, which charges $273 a day (as of 2024). On average, you should expect to spend around $110 a day, which is about the same as you would to stay in an inexpensive hotel and a little more than you would probably pay to live in a one-bedroom apartment in most California cities.
What is Weekend Jail?
While private jails are still supervised and structured, they are much more relaxed than county-operated facilities. Some facilities even allow inmates to only serve time non-continuously, meaning some people may serve their time on weekends or after work every day, which is why these facilities are often nicknamed “weekender” jails. While only serving times on weekends or after work will stretch out your total sentence, it allows you to serve the time on your schedule and even go home over the week if you are on a weekends-only schedule. For example, an 8-day sentence could be served over the course of 4 weekends, or you could spend 90 nights behind bars, reporting in after work each day.
“Weekender programs can be beneficial for those who must continue working to feed their family,” says Liss.
Enrolling in a Pay-to-Stay Program
You can’t just decide you want to serve time in a private jail and change where you spend your sentence. Instead, the decision is up to the judge in your case. You must meet specific qualification requirements and then have your attorney petition the court on your behalf.
If you were convicted of a violent crime, have any felony convictions on your record, or are deemed an escape risk or a high risk to the community, you will probably be denied the opportunity to stay in one of these programs. If a judge does not believe you can afford to stay in a pay-to-stay facility, he may not approve you to do so. “San Diego doesn’t offer private jail facilities,” says Liss, “However, if I was hired to help a client enroll into a pay-to-stay facility, the first thing I would do is verify their record would allow them to qualify —then I would collect financial evidence to show they could afford this type of confinement.
San Diego’s Alternative: Work Furlough
As stated above, San Diego does not have any pay-to-stay facilities, so if you want to stay in one, you’ll need to do so in another county in California, most likely Orange County or Los Angeles. The San Diego Probation Department offers a similar program known as work furlough. Under this program, you can stay in a private facility for free and attend work every day.
Since the San Diego work furlough is government-run by the county, prisoners get good time credits off their sentence, meaning 30 days could be cut down to 15 days. Aside from that, unlike a pay-to-stay facility that only credits you the time you stay in the facility, each day you spend the night in a work furlough center counts as a full day, so you can serve your time more quickly.
Like pay-to-stay facilities, these programs are not open to everyone, and applicants often need the help of a lawyer.
“I can help you if you want to enter a pay-to-stay or work furlough program,” says Liss. If you have any questions, please call (760) 643-4050 to schedule a free initial consultation.
