Santa Clara County offers 'second chance' program for avoiding jail time
SAN JOSE, Calif. - December could bring an unexpected gift for some folks facing warrants across Santa Clara County. The Santa Clara County Sheriff's Office is offering people with a qualifying non-violent misdemeanor warrant an opportunity that could help them avoid jail time.
Starting on Dec. 1 and lasting through December, eligible people who have non-violent misdemeanor criminal warrants can get a new court date instead of being booked into the county jail.
The Sheriff’s Office says the system is sometimes overwhelmed with people who’ve been arrested for minor offenses. They say they want to keep people out of jail as much as possible and this is one way they’re trying to do that.
"This is a chance around the holidays to allow people to not stress out if they have a warrant, get back into the court system, get that taken care of. It’s being rolled out throughout all our law enforcement agencies in Santa Clara County. It’s a true collaboration," said Brooks Jarosz, with the Santa Clara County Sheriff’s Office.
Jarosz says Operation Second Chance was initially halted because of staffing issues but now, once again, they want to reduce overcrowding by keeping people out of jail for non-violent misdemeanors, especially during the holidays, when overcrowding is more likely to happen.
"Typically, what happens is if they have an outstanding warrant, and you get pulled over for a speeding violation or something, you’re going to be brought to our jail. Chances are you’re going to have to wait there, possibly in a holding cell, before you can make bail and be released," said Jarosz.
Jarosz says the program is returning because it’s worked in the past. Jose Valle, with advocacy group Silicon Valley DeBug, thinks the county should consider making the program year-round.
"One night in jail and someone could lose their housing, they could lose their job, or they could lose their kids. So, any time we have alternatives to incarceration, it’s always a good thing," said Valle.
Some warrants have been listed as ineligible for this program. The ineligible warrants include the following:
- Felony warrants
- Warrants marked "No Cite and Release"
- Any warrant involving violence (including domestic violence)
- Any warrant involving a firearm
- Any warrant involving resisting arrest
- Any warrant involving giving false information to a peace officer
This isn't the first year the program has been offered. Between 2007-2017 over 3,500 people benefited from Operation Second Chance.
Those who wish to participate can self-surrender at one of the participating law enforcement stations after Dec. 1. Those people will be asked to sign a "Promise to Appear" for a future court date.