Chapter 1.16
WORK FURLOUGHS FOR PRISONERS

Sections:

1.16.010    Definitions.

1.16.020    Authorization.

1.16.030    Employment.

1.16.040    Earnings.

1.16.050    Violation of conditions.

1.16.060    Failure to return.

1.16.070    When prohibited.

1.16.080    Rehabilitation furloughs.

1.16.010 Definitions.

In this chapter, unless the context otherwise requires:

A. “Administrator” means the city manager of the city or his designee.

B. “Court” means any court established by the state.

C. “Prison facility” or “facility” means a building, camp, farm, place or area designated by the administrator for detention or confinement of persons accused or convicted of criminal violation or violations of an ordinance or ordinances of the city or held under authority of law by a police officer of the city and includes a facility owned by or leased, loaned or granted to the city by the United States or the state.

D. “Prisoner” means a person detained or confined for any period of time in a prison facility, whether by arrest, conviction, order of court, or a person held as a witness, or otherwise.

E. “Temporary commitment” means any detention of a person by authority of law, but does not include confinement upon conviction and judgment of a court of this state. [Prior code § 12.08.010.]

1.16.020 Authorization.

When a person is convicted of a violation of an ordinance of the city and is sentenced to a prison facility, or is imprisoned in the prison facility for nonpayment of a fine, for contempt, or as a condition of probation for a criminal offense, the city manager may, if he concludes that the person is a fit subject for a work furlough and is not prohibited from it under BMC 1.16.070, direct that the person be permitted to continue in his regular employment, if that is compatible with the requirements of BMC 1.16.070, or may authorize the person to secure employment for himself, unless the court at the time of sentencing has ordered that the person not be granted work furloughs. [Prior code § 12.08.020.]

1.16.030 Employment.

A. If the city manager directs that the prisoner be permitted to continue in his regular employment, the city manager shall arrange for a continuation of the employment so far as possible without interruption. If the prisoner does not have regular employment, and the city manager has authorized the prisoner to secure employment for himself, the prisoner may do so, and the city manager may assist him in doing so. Any employment secured must be suitable for the prisoner. The employment must be in accordance with the prevailing working conditions and wages in the area. No employment may be permitted where there is a labor dispute in the establishment of which the prisoner is, or is to be, employed.

B. Whenever the prisoner is not employed and between the hours or period of employment, he shall be confined to the prison facility unless the court directs otherwise. [Prior code § 12.08.030.]

1.16.040 Earnings.

The earnings of the prisoner shall be collected by the city manager and the prisoner’s employer shall transmit the wages to the city manager at the request of the city manager. Earnings levied upon under a writ of attachment or execution or in other lawful manner may not be transmitted to the city manager. If the city manager has requested transmittal of earnings before the levy, the request shall have priority for those earnings due and payable at that time. When an employer transmits the earnings to the city manager, he has no liability to the prisoner for the earnings. From the earnings, the city manager shall pay the prisoner’s board and personal expenses, both inside and outside the prison facility, and shall deduct so much of the costs of administration of this chapter as is allocatable to the prisoner, and, in an amount determined by the city manager, shall pay the support of the prisoner’s dependents, if any. If sufficient funds are available after making the foregoing payments, the city manager may, with the consent of the prisoner, pay, in whole or in part, the pre-existing debts of the prisoner. Any balance shall be retained by the city manager and paid to the prisoner at the time of his discharge. [Prior code § 12.08.040.]

1.16.050 Violation of conditions.

If the prisoner violates the conditions established for his conduct, custody or employment, the city manager may order the balance of the prisoner’s sentence to be spent in actual confinement. [Prior code § 12.08.050.]

1.16.060 Failure to return.

The wilful failure of a prisoner to return to the place of confinement not later than the expiration of any period during which he is authorized to be away from the place of confinement under this chapter, is an escape from the place of confinement and is punishable under the laws relating to escape. [Prior code § 12.08.060.]

1.16.070 When prohibited.

A work furlough may not be authorized for a prisoner:

A. Identified with large-scale, organized criminal activity;

B. With serious emotional or personality problems, as determined by the city manager;

C. Whose presence in the community is likely to evoke adverse public reaction toward the inmate, the institution and the city. [Prior code § 12.08.070.]

1.16.080 Rehabilitation furloughs.

The city manager may authorize a prisoner to participate in educational, training, medical, psychiatric, or other rehabilitation programs approved by the city manager. When the prisoner is not participating in a rehabilitation program, he shall be confined in the jail unless the city manager directs otherwise. If the prisoner violates the conditions established for his conduct or custody, the city manager may order the balance of the prisoner’s sentence be spent in actual confinement. The wilful failure of a prisoner to return to the place of confinement not later than the expiration of any period during which he is authorized to be away from the place of confinement under this chapter, is an escape from the place of confinement and is punishable under the laws relating to escape. [Prior code § 12.08.080.]