TITLE 42 PENAL INSTITUTIONS

Section 1. General Provisions, 42-1-1 through 42-1-19.

ARTICLE 1 INMATE POLICIES

42-1-9. Work-release, educational, and habilitative programs for county prisoners.

1. As used in this Code section, the term:
   1. "Educational program" means a program of learning recognized by the State Board of Education.
   2. "Habilitative program" means and includes an alcohol or drug treatment program, mental health program, family counseling, community service, or any other community program ordered or approved by the court having jurisdiction over the offender or by the sheriff.
   3. "Work release" means full-time employment or participation in an acceptable and suitable vocational training program.
2. Notwithstanding the provisions of Code Section 42-1-4, any person who is confined in a county jail (1) after conviction and sentencing, (2) pending completion of a presentencing report, or (3) after return for a violation of the terms of probation may, in the discretion of the sheriff and subject to the eligibility requirements set forth in subsection (d) of this Code section, be assigned to a work-release program under supervision of the sheriff.If it appears to the court that an offender subject to its jurisdiction is a suitable candidate for a work-release program, the court may, subject to the eligibility requirements of subsection (d) of this Code section, order the offender to a work-release program. Further, the sheriff or the court may authorize the offender inmate to participate in educational or other habilitative programs designed to supplement work release.
3. Whenever the sheriff assigns an inmate to work release, the court which sentenced such offender or before which such offender's case is pending shall be notified in writing by the sheriff or the director or administrator of the work-release program to which the offender is assigned of the offender's place of employment and the location of any educational or habilitative program in which the offender participates.The court, in its discretion, may revoke the authority for any inmate to participate in work release, whether such inmate was assigned to work release by the court or the sheriff.The sheriff or work-release director or administrator may enter into an agreement to accept into the local work-release program inmates who are sentenced to work release or who have met all work-release standards.
4. In order to qualify for assignment to a work-release program, an offender:
   1. May not be subject to any outstanding warrants or orders from any other court or law enforcement agency;
   2. Shall not have any criminal record or any history within the preceding five years of any assaultive offenses of an aggravated nature, including, but not limited to, aggravated assault; aggravated battery; rape; child molestation; robbery; trafficking or distribution of a controlled substance or marijuana; homicide by vehicle; felony bail-jumping; or escape; or
   3. May not have any life-threatening illnesses or disabilities that would interfere with the ability to work on a regular schedule.
5. An inmate's employment under this Code section shall be with a legitimate, recognized, and established employer.An inmate assigned to a work-release program who, without proper authority, leaves the work area or site to which he is assigned, who leaves or fails to attend an assigned educational or other rehabilitative program, or who leaves the vehicle or route of travel in going to or returning from his assigned place of work shall be guilty of a misdemeanor.An offender who is found guilty of misdemeanor escape in accordance with this subsection shall be ineligible for further participation during his current term of confinement.
6. Any wages earned by an inmate in work release under this Code section may, upon order of the court or the sheriff, be paid to the director or administrator of the work-release program after standard payroll deductions required by federal or state law have been withheld.Distribution of such wages shall be made for the following purposes:
   1. To defray the cost of the inmate's keep, confinement, and supervision, which sums shall be paid into the general treasury;
   2. To pay travel and other such expenses of the inmate necessitated by his work-release employment or participation in an educational or rehabilitative program;
   3. To provide support and maintenance for the inmate's dependents or to make payments to the local department of family and children services or probation, as appropriate, on behalf of any inmate's dependents receiving public assistance;
   4. To pay any fines, restitution, or other costs ordered by the court; and
   5. Any balance remaining after payment of costs and expenses listed in paragraphs (1) through (4) of this subsection shall be retained to the credit of the inmate and shall be paid to him upon release from confinement.
7. No inmate participating in work release pursuant to this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in educational or other habilitative programs or while traveling to or from the place of employment.
8. Local jails shall qualify for compensation for costs of incarceration of all persons pursuant to this Code section, less any payments from the inmate pursuant to subsection (f) of this Code section.

(Code 1981, §42-1-9, enacted by Ga. L. 1991, p. 1352, § 1.)