El Dorado County Municipal Code Ch. 1.20 Working Prisoners

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State Law reference— Authority of Board of Supervisors to require work by prisoners, Penal Code § 4017.

Pursuant to Government Code § 25359, and Penal Code § 4017, it is provided that prisoners confined in the County jail under judgment of convictions of misdemeanors, and prisoners confined in the County jail under a final judgment of imprisonment rendered in a criminal action or proceeding, may be required to work, under the direction of a responsible person appointed by the Sheriff, upon the public grounds, roads, streets, alleys, highways, public buildings or in such other public places and on such other public works in the County as are deemed advisable, for the benefit of the County.

(Prior Code, § 7131; Code 1997, § 1.20.010)

It is further provided that the Sheriff is authorized to establish proper and suitable work projects for this purpose, to keep and work the prisoners thereat when ordered to do so by the court, or, when in his or her discretion he or she deems it advisable, to transport each day the prisoners to and from the County jail and points of public work, and to transfer the prisoners from work project to work project as his or her administrative needs may require. The transportation shall be furnished and paid for by the County.

(Prior Code, § 7132; Code 1997, § 1.20.020)

It is further provided that in any case where the judgment requires restitution to be made, or requires the support of dependents, the compensation earned under this chapter shall be paid over to the probation officer for proper distribution thereof, pursuant to the judgment; provided, however, that the probation officer may, in his or her discretion, withhold a reasonable amount, not to exceed the sum of $10.00 a month, for the personal needs of the prisoner.

(Prior Code, § 7134; Code 1997, § 1.20.040)

Pursuant to Penal Code § 1203.1, it is further provided that in all cases of probation wherein the court requires as a condition of the probation that the probationer serve time in the County jail and work as other prisoners confined in the County jail are required to work at public work, as provided in this chapter, the provisions of this chapter shall likewise be applicable to the probationers.

(Prior Code, § 7135; Code 1997, § 1.20.050)

A. When a court having jurisdiction in the County orders the confinement of a person in the County jail, and allows the person so sentenced to continue his or her regular employment by serving the sentence on weekends or similar periods during the week other than his or her regular workdays and by virtue of this schedule of serving the sentence the prisoner is ineligible for work furlough under Penal Code § 1208, the County Sheriff shall collect from the prisoner, according to the prisoner's ability to pay, so much of the costs of administration as are allocable to such prisoner.

B. Administrative fees charged pursuant to Subsection A of this section shall be established by the Sheriff, subject to approval by the Board of Supervisors, and in no event shall exceed the actual costs of such confinement.

C. The fee described in Subsection B of this section shall be collected at the commencement of each weekly period of confinement until the entire sentence has been served, and the funds deposited into the County Treasury. Inmates failing to pay such fees may, at the discretion of the Sheriff, be removed from the weekend work program and placed in the County jail to complete the remainder of the court-ordered sentence on straight time.

(Prior Code, § 7136; Code 1997, § 1.20.060; Ord. No. 3226, § 1, 1982; Ord. No. 3527, § 1, 1985)