Fillmore Municipal Code Ch. 2.64 Working Prisoners

In all cases of the entry of a judgment against any person for any violation of the ordinances of the city, wherein the person or persons are sentenced to pay a fine, the court shall have power to make it a part of the judgment that the defendant be imprisoned until the fine is paid and satisfied at the rate of one dollar per day; and the court may make it a part of the judgment find sentence that such persons, if physically able, shall perform labor on the streets and other public works of the city until such fine is discharged at the rate of one dollar per day. For each day which the person so convicted may pass in prison he shall be entitled to a credit of one dollar upon his fine, and he may at any time pay the sum remaining unsatisfied and obtain his discharge from custody. And in all cases of the entry of judgment against any person for any violation of the ordinances of the city, wherein the person is sentenced to imprisonment, the person may be forced, if physically able, and the court may make it a part of the judgment, that he be forced to perform labor on the streets and other public work of the city during the term of such imprisonment; provided, that in no case shall any person under sixteen years of age, or any female, be forced to work upon the streets or the public works of the city.

(Ord. 23 § 1, 1916)

In accordance with the provisions of Penal Code Section 1203.1 and Government Code Section 25359, any or all male persons granted summary probation may be compelled to perform labor under the direction of the probation officer, or such other person as the court may direct, on the public works or ways, public grounds, roads, streets, alleys, highways, firebreaks, fire roads, riding or hiking trails, public buildings, or in such other places in the city as deemed advisable for the benefit of the public; provided, however, that no probationer shall be compelled to perform labor who may be physically unable to do so or whose safekeeping may be endangered thereby.

(Ord. 413 § 1, 1971)

"Labor upon public works" as used herein includes, among other things, clerical and menial labor in the city jail, industrial farm, or in the camps maintained for the labor of such persons upon the ways of the city.

(Ord. 413 § 2, 1971)

No probationer engaged in the performance of labor pursuant to the provisions of Sections 2.64.020—2.64.040 shall be considered an employee of or to be employed by the city or any department thereof. Furthermore, no such person shall come within any of the Workmen's Compensation Insurance and Safety Act of 1970 (Division 4 and 5, Labor Code) or be entitled to any benefits thereunder whether on behalf of himself or any other person.

(Ord. 413 § 3, 1971)