A.
Authority for work release. When a person is convicted under the ordinances of the municipality and subject to serve a jail sentence the chief of police may, if he concludes that the person is a fit subject for a work release and is not prohibited from it under subsection G of this section, direct that the person be permitted to continue in his regular employment during the hours of such employment, or may authorize the person to secure employment for himself; provided, further, that the court at the time of sentencing has not ordered that the person be denied a work release. The court may at its discretion and as a part of sentence also grant such work releases.
B.
Conditions. If the chief of police directs that the prisoner be permitted to continue in his regular employment, the chief of police shall arrange for a continuation of the employment so far as possible without interruption. If the prisoner does not have regular employment, and the chief of police has authorized the prisoner to secure employment for himself, the prisoner may do so, and the chief of police may assist him in doing so. Any employment secured must be suitable for the prisoner. The employment must be in accordance with prevailing working conditions and wages in the area. No employment may be permitted where there is a labor dispute in the establishment in which the prisoner is, or is to be, employed.
C.
Hours. Whenever the prisoner is not employed and between the hours or periods of employment, he shall be confined in the jail unless the court directs otherwise.
D.
Earnings. The earnings of the prisoner shall be collected by the chief of police and the prisoner’s employer shall transmit the wages to the chief of police at the chief of police’s request. Earnings levied upon under a writ of attachment or execution or in other lawful manner may not be transmitted to the chief of police. When an employer transmits the earnings to the chief of police, he has no liability to the prisoner for the earnings. From the earnings, the chief of police shall: pay the prisoner’s board and personal expenses, both inside and outside the prison facility; deduct so much of the costs of administration of this section as are allocable to the prisoner, which costs shall accurately reflect the total costs to the municipality of keeping the prisoner under this program and which shall not be less than $8.00 per day; and, in an amount determined by the chief of police or the court, shall pay the support of the prisoner’s dependents, if any. If sufficient funds are available after making the foregoing payments, the chief of police may, with the consent of the prisoner, pay, in whole or in part, the preexisting debts of the prisoner. Any balance shall be retained by the chief of police and paid to the prisoner at the time of his discharge.
E.
Violations. If the prisoner violates the conditions established for his conduct, custody, or employment while on work release, the chief of police or court may order the balance of the prisoner’s sentence to be spent in actual confinement.
F.
Failure to return. The willful failure of a prisoner to return to the place of confinement no later than the expiration of any period during which he is authorized to be away from the place of confinement under this section is an escape from the place of confinement and is punishable under municipal and/or state laws relating to escape.
G.
Limitations. A work release may not be authorized for a prisoner:
1.
Identified with large-scale, organized criminal activity;
2.
With serious emotional or personality problems, as determined by the chief of police;
3.
With a history of repeated violent or assaultive behavior;
4.
Not in good health;
5.
Addicted to the use of drugs; or
6.
Whose presence in the community is likely to evoke adverse public reaction toward the inmate in the institution or the municipality.
H.
Rules and regulations. The chief of police may, upon approval by the assembly, promulgate rules and regulations furthering the provisions of the work release program.
(S.G.C. 2.44.160; Ord. 73-73 § 3, 1973)