Napa County Municipal Code Art. I Work by Prisoners

This article is adopted pursuant to Government Code Section 25359 and Penal Code Section 4017.

(Ord. 1054 § 1 (part), 1993: prior code § 8507)

A. Any person confined in the county jail under a final judgment of imprisonment, or confined as a condition of probation, shall be compelled to work for the benefit of the county. The director of corrections is authorized to require such work upon the public works, public grounds, roads, streets, alleys, highways or public buildings of the county, or in such other places within the county as may be deemed advisable by the director of corrections.

B. Any public agency, other than the county of Napa, which uses the work of a person pursuant to this section shall agree in writing to assume all liability for injuries to, or death of, the person and for damage to property and injury to or death of others, if any, caused by the person in the course and scope of doing the work.

C. Any person who refuses to work as provided by this chapter shall forfeit work-time credits in accordance with the disciplinary policies and procedures of the department of corrections.

D. As used in this section, the singular term "person" shall include the plural "persons"; the term "work" shall include both clerical and manual work.

E. As used in this section, "to work for the benefit of the county" shall include, but not be limited to, work for public agencies located in the county other than the county of Napa.

(Ord. 1054 § 1 (part), 1993: prior code § 8500)

No person shall be compelled to work pursuant to the provisions of Section 1.16.020 above:

A. Who may be physically unable to do so; or

B. Whose safekeeping may be endangered thereby.

(Ord. 1054 § 1 (part), 1993: prior code § 8501)

The work performed in accordance with this chapter shall be performed at such place and in such manner as the director of corrections, in consultation with the board of supervisors, from time to time, may direct.

(Ord. 1054 § 1 (part), 1993: prior code § 8505)

Whenever there are persons in the county jail subject to work as provided in Section 1.16.020 of this chapter, the director of corrections may appoint some suitable and responsible guard, which guard shall personally discharge the duties of such position. The guard shall be under the supervision of and shall be responsible to the director.

(Ord. 1054 § 1 (part), 1993: prior code § 8502)

A. It is hereby made the duty of the guard to receive from the director of corrections all persons compelled to work pursuant to Article I of this chapter, and it is made the duty of the director to deliver such persons to the guard. From such time as such persons are delivered to the guard and until they are returned to the county jail, the guard shall be responsible for their safekeeping and custody.

B. The guard shall call for and receive such persons at a time specified by the director of corrections on each day such persons are to work, and the guard shall convey them expeditiously to the place of work where the persons shall work continuously from the time of arrival (except for a period at noon for rest and lunch) to such time as will permit their return to the county jail at an hour not later than four forty-five p.m. of such day. Work out of doors may be discontinued during periods of inclement weather at the option of the guard.

(Ord. 1054 § 1 (part), 1993: prior code § 8503)

Persons performing work pursuant to Article I of this chapter shall not be paid for the work they do.

(Ord. 1054 § 1 (part), 1993: prior code § 8506)