San Bernardino Municipal Code Ch. 1.20 Working of Probationers on Public Property

In accordance with the provisions of Cal. Penal Code, § 1203.1 and Cal. Gov’t Code, § 25359, any or all persons granted summary probation may be compelled to perform labor under the direction of the Director of the City Parks and Recreation Department, 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. 3330, passed 2-16-1973)

No probationer engaged in the performance of labor pursuant to the provisions of this chapter 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 provisions of the Workers’ Compensation Insurance and Safety Act of 1970 (Cal. Labor Code, Divisions 4 and 5) or be entitled to any benefits thereunder whether on behalf of himself or herself or any other person.

(Ord. 3330, passed 2-16-1973)