Madera County Municipal Code Ch. 2.81 Prisoner Work Programs

Any, or all prisoners (regardless of gender) confined in the county jail under judgment of conviction of a misdemeanor or as probationers, may be compelled to labor upon the public works, public grounds, roads, streets, alleys, highways, or public buildings, or in such other places as may be deemed advisable in the county, for the benefit of the county. The county may contract with the federal government, state government, or other public agencies for providing the labor of such prisoners upon the public works, public grounds, roads, streets, alleys, highways, or public buildings in those agencies' territorial jurisdiction, whether inside or outside of the territorial boundaries of Madera County. Provided, that no prisoner shall be compelled to so labor who may be physically unable to do so, or whose safekeeping may be endangered thereby, the question of exemption from such labor for either cause mentioned to be determined by the county director of corrections. "Labor upon the public works" as used in this section includes among other things, clerical and menial labor in the county jail.

(Ord. No. 347A, § 1, 1-13-09; Ord. 347 § 1, 1970).

It is the duty of a guard appointed by the director of corrections to receive from the director on each and every morning when the director shall so order all the prisoners compelled to labor under this chapter and it is the duty of the director so to deliver them to the guard, and from the time they are delivered to the guard until they are returned to the county jail, the guard shall be responsible for their safekeeping and custody; provided, that no prisoner or prisoners shall be taken out by the guard, or be compelled to thus labor, on Sundays or legal holidays or at any time when the weather is so inclement as to be detrimental to the health of such prisoner or prisoners.

(Ord. No. 347A, § 2, 1-13-09; Ord. 347 § 2, 1970).

The director of corrections shall supply the prisoners with sufficient suitable food for lunch at the expense of the county. If the county elects to contract for the use of prisoners' labor by another public agency as provided in Section 2.81.010, the contract may transfer the responsibility of feeding the prisoners to the public agency contracting with the county for the use of prisoner labor.

(Ord. No. 347A, § 3, 1-13-09; Ord. 347 § 3, 1970).

The labor herein provided for shall be performed at such places and in such manner as the sheriff and board of supervisors, from time to time, direct.

(Ord. 347 § 4, 1970).

No prisoner shall receive any compensation for his labor under Sections 2.81.010 through 2.81.040.

(Ord. 347 § 5, 1970).

The board of supervisors, hereby declares and establishes the work furlough program for prisoners incarcerated in the county jail, and such prisoners who qualify for the program shall be given all of the opportunities and benefits to be derived therefrom.

(Ord. 312 § 3, 1966).

The county probation officer is appointed as work furlough administrator for said program.

(Ord. 312 § 4, 1966).

Pursuant to Penal Code Section 1208.5, the probation officer shall be delegated the authority to enter into inter-county work furlough agreements on behalf of Madera County.

(Ord. 434 § 1 (part), 1978).

Notwithstanding the provisions of Section 2.81.080, the probation officer shall have no authority to enter into an inter-county work furlough agreement unless the agreement provides that the county to which the work furlough candidate is transferred shall be reimbursed by the work furlough candidate for all costs of his care and maintenance according to the current schedule of charges of the same county.

(Ord. 434 § 1 (part), 1978).

The director of the department of corrections is authorized to offer a voluntary program under which any person committed to the department of corrections may perform ten hours of labor on the public works or ways in lieu of one day of confinement. "Labor upon the public works and ways," as used in this section means manual labor to improve or maintain public facilities, including but not limited to, streets, parks, and schools.

(Ord. 489 § 1, 1985).

A. As a condition of participating in the work release program the inmate shall give his or her promise to appear for work by signing a notice to appear before the director of the department of corrections or his delegate at a time and place specified in the notice.

B. A copy of the notice shall be delivered to the person and a copy shall be retained by the director of the department of corrections.

C. Any person who wilfully violates his or her written promise to appear before the director of the department of corrections at the time and place specified in the notice is guilty of a misdemeanor.

(Ord. 489 § 2, 1985).

The board of supervisors by resolution may prescribe reasonable rules and regulations under which such labor is to be performed and may provide that such persons wear clothing of a distinctive character while performing such work.

(Ord. 489 § 3, 1985).

A. Nothing in Sections 2.81.100 through 2.81.140 shall be construed to require the director of the department of corrections to assign labor to an inmate pursuant to this section if it appears that such inmate has refused to satisfactorily perform labor as assigned or has not satisfactorily complied with the reasonable rules and regulations governing such assignment.

B. A person shall be eligible for work release under this section only if the director of corrections or his delegate concludes that such a person is a fit subject therefor.

(Ord. 489 § 4, 1985).

There shall be a program administrative fee to be set by ordinance or resolution of the board of supervisors. The program administrative fee shall be paid by each such inmate according to his or her ability to pay. No person shall be excluded from the work alternative program based on a lack of ability to pay.

(Ord. No. 489A, § 2, 6-22-10; Ord. 489 § 5, 1985).