42-1-4. Work-release programs for county prisoners.

Any person sentenced to confinement as a county prisoner under paragraph (1) of subsection (a) of Code Section 17-10-3 or otherwise sentenced to confinement as a county prisoner may, if there is reasonable cause to believe that he will honor his trust, be allowed to participate in a work-release program as authorized by this Code section. Participation in a work-release program shall be voluntary on the part of the inmate.#

When an inmate receives permission to participate in a work-release program, the limits of the place of the confinement of the inmate shall be expanded by allowing the inmate under prescribed conditions to work at paid employment or participate in a training program in the community while continuing as an inmate of the institution to which he is committed. The willful failure of an inmate to remain within the extended limits of his confinement or to return within the prescribed time to the institution shall constitute an escape from the institution and shall be punished as provided in Code Section 16-10-52.#

If there is reasonable cause to believe that an inmate will honor his trust, the inmate may be authorized to participate in a work-release program by:#

1. (1)

   The sentencing judge at the time of sentencing; or#

2. (2)

   The sheriff, warden, or other official in charge of the institution to which the inmate is committed if written approval is obtained from the sentencing judge.#

An inmate authorized to participate in a work-release program under this Code section shall comply with all rules and regulations promulgated by the institution in which he is confined relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the institution. An amount determined to be the cost of the inmate’s keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the county. After deduction for keep and confinement the official in charge of the institution shall:#

1. (1)

   Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses;#

2. (2)

   Retain to the inmate’s credit an amount as deemed necessary to accumulate a reasonable sum to be paid to him on his release from the institution; and#

3. (3)

   Cause to be paid any additional balance as is needed for the support of the inmate’s dependents.#

No inmate participating in a work-release program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in training or going to and from his place of employment or training.#