Inyo County Municipal Code Ch. 1.25 Work Release Alternative Program

Chapter 1.25 of the Inyo County Code and the programs authorized by it shall be known as the "Work Release Alternative Program (WRAP)."

(Ord. 1130 § 3, 2007)

The Inyo County board of supervisors hereby finds as follows:

A. The average daily inmate population of the Inyo County Jail has been, is, and is anticipated in the future to be, at or in excess of ninety percent of its mandated capacity;

B. There is a current and future need to prevent overcrowding at the Inyo County Jail;

C. Work release programs authorized by Penal Code Sections 4024.2 and 4024.3 would help relieve overcrowding at the Inyo County Jail while providing needed labor on state, county, municipal and local agency property and facilities in Inyo County; and

D. Work release programs authorized by Penal Code Sections 4024.2 and 4024.3 are both feasible and warranted in Inyo County.

(Ord. 1130 § 3, 2007)

The sheriff of Inyo County is hereby authorized to implement and operate work release programs in Inyo County as provided by California Penal Code Sections 4024.2 and 4024.3 and this chapter.

(Ord. 1130 § 3, 200.7)

For the purposes of this chapter, the following words and terms shall be defined as follows:

"Agency"

means the state of California, the county of Inyo, the city of Bishop, and any other district, public authority, or public agency, which owns, or leases and operates, property within the county of Inyo. "Agency" does not include the federal government or any of its departments, bureaus or agencies.

"Labor"

means any physical or mental activity or work directed toward the production of services or goods for the direct benefit of an agency.

"Permanent worksite"

means any location within the county of Inyo owned, or leased and operated, by an agency which has been approved by the Inyo County board of supervisors for the performance of labor by work release alternative program (WRAP) workers.

"Temporary worksite"

means any location within the county of Inyo owned, or leased and operated, by an agency, which has been approved by the sheriff for performance of labor by work release alternative program (WRAP) workers during a period not to exceed thirty consecutive calendar days.

"Worker"

means any person confined in, or sentenced to, the Inyo County Jail, industrial farm, road camp or similar restrictive county facility, under a final judgment of imprisonment or confinement rendered in a criminal or civil action or proceeding, or as a condition of probation after suspension of execution of sentence, and who is physically and mentally capable of performing labor and is approved by the sheriff to participate in the work releases alternative program (WRAP).

(Ord. 1130 § 3, 2007)

The sheriff, or designee, has the sole authority to authorize, in accordance with Penal Code Sections 4024.2 and 4024.3 and this chapter, persons to participate in WRAP.

(Ord. 1130 § 3, 2007)

A. The sheriff shall set forth rules and regulations for persons who participate in WRAP. Such rules and regulations shall be in accordance with Penal Code Sections 4024.2 and 4024.3 and this chapter.

B. The board of supervisors shall approve all permanent worksites. The sheriff is authorized to approve temporary worksites where there is an immediate need for WRAP labor.

C. WRAP workers shall only perform labor on temporary or permanent worksites. All labor performed on a worksite must be on the property owned, or leased and operated, by the agency utilizing the labor. All labor must directly benefit the utilizing agency. No worker participating in the WRAP program shall be allowed or required to provide labor on property owned, or leased and operated, by any private person, partnership, corporation, association or nonprofit organization.

D. All agencies shall sign county of Inyo Standard Contract No. 158 (Sheriff's Department—WRAP Workers) as approved by the county counsel and risk manager, and provide proof of required insurance before their worksite is approved. The sheriff is authorized to sign this contract on behalf of the county.

E. Neither the sheriff, the county of Inyo, nor any participating agency is required to provide sufficient work slots and/or worksites to accommodate all eligible works. The sheriff is vested with sole discretion to assign work slots and or worksites to eligible workers, and to make such changes in assignments as he or she deems appropriate.

F. The sheriff is authorized, but not required, to implement the provisions of Penal Code Section 4024.2(b)(2) to allow work release credit for participation in education, vocational training, or substance abuse programs.

(Ord. 1130 § 3, 2007)

As authorized by Penal Code Sections 4024.2(e) and 4024.3(b) the following fees are established:

A. Application Fee. A fifty dollar nonrefundable application fee is due and payable at the time of the initial application interview.

B. Per Diem Fee. If accepted into WRAP, a fee of five dollars per day for each day of participation in WRAP is due and payable prior to starting the program. Once paid, this fee is nonrefundable.

C. Change of Schedule Fee. Workers requesting a change in worksite or change in schedule, will be required to pay a fifty dollar rescheduling fee before the change is implemented. Once the change is made, the fee is nonrefundable.

D. Waiver of Fees. Persons who do not have the financial ability to pay the required fees may apply to the sheriff's department for a total or partial waiver. Persons applying for a waiver will be required to provide proof of their inability to pay.

(Ord. 1130 § 3, 2007)