12-42-116. Work-study release — Definitions.

12-42-116. Work-study release — Definitions. (a) As used in this section: (1) “Chief executive officer” means the county sheriff of the county if the criminal detention facility is owned or operated by a county of this state or the chief of police if the criminal detention facility is owned or operated by a municipality of this state; (2) “Legislative body” means the quorum court of the county in which the county-owned or operated criminal detention facility is located, or if the criminal detention facility is owned or operated by a municipality, it means whatever body is authorized to adopt ordinances for that jurisdiction; and (3) “Work-release” means programs under which inmates selected to participate in such programs may be gainfully employed or attend schools outside of a jail. (b) Any person who may be convicted by any court in this state and who is committed to a jail to serve a sentence imposed by any court of competent jurisdiction or in default of the payment of the fine and costs adjudged against him or her may be released for the purpose of participation in work-release programs under the conditions and procedures contained in subsections (c) and (d) of this section. (c) The chief executive officer may allow inmates as described in subsection (b) of this section to participate in work-release programs in accordance with rules, regulations, and procedures adopted by the chief executive officer. (d) Under any work-release program, earnings by the inmate shall be paid directly to the chief executive officer and applied as follows: (1) The chief executive officer shall retain an amount to be established by the legislative body which will reasonably compensate the chief executive officer for the cost of feeding and housing the inmate; (2) The chief executive officer shall determine if the inmate has persons depending upon him or her for their support and may remit to such persons that portion of the earnings which the chief executive officer considers reasonable; and (3)(A) The chief executive officer shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to such victims that portion of the earnings which the chief executive officer considers reasonable. (B) However, in no case shall the portion of earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deductions for the cost of care and custody and family support in subdivisions (d)(1) and (2) of this section. (C) The names and addresses of the victims and the amount of restitution to be paid shall be provided to the chief executive officer by certificate of the trial court in which the defendant was convicted.