Section 14-8-1
Section 14-8-1
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section.
(1) BOARD. The Board of Corrections.
(2) COMMISSIONER. The Commissioner of the Board of Corrections.
(3) STATE CORRECTIONAL INSTITUTIONS. Such term shall mean and include Draper Correctional Center in Elmore; Frank Lee Youth Center in Deatsville; Atmore State Prison Farm in Atmore; the State Cattle Ranch in Greensboro; Julia Tutwiler Prison for Women in Wetumpka and all road camps.
(4) INMATE. A person either male or female, convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §1.)Section 14-8-10
Section 14-8-10
Penalty for violating article.
Anyone violating any of the provisions of this article shall be guilty of a misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §11.)Section 14-8-2
Section 14-8-2
Authority to adopt regulations and policies to implement program.
(a) The board is authorized to adopt regulations and policies permitting the commissioner to extend the limits of the place of confinement of an inmate, as to whom there is reasonable cause to believe he will know his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking of employment and traveling thereto and therefrom. Inmates shall participate in paid employment at the discretion of the board.
(b) The board may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement or the entering into agreement between the board and any city, county or federal agency for the housing of these inmates in a local place of confinement. The board shall, as the need becomes evident, designate and adapt facilities in the state prison system to accomplish the purpose of this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §§2, 3.)Section 14-8-3
Section 14-8-3
Investigations and recommendations.
Employees of the board are authorized to make investigations and recommendations pertaining to the validity of requests for visits, job opportunities for inmates and to otherwise assist the commissioner in the implementation of the program authorized in this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §6.)Section 14-8-30
Section 14-8-30
Definitions.
As used in this article the following words and terms have the meanings hereby ascribed to them:
(1) COUNTY INMATE. A person convicted of a crime and sentenced to a term of confinement of one year's duration or less.
(2) STATE INMATE. A person convicted of a crime and sentenced to a term of confinement of more than one year's duration.
(3) BOARD. The State Board of Corrections.
(Acts 1976, No. 637, p. 883, §1.)Section 14-8-31
Section 14-8-31
Authorization for and establishment of work release programs by counties; contracts between Board of Corrections and counties as to costs of maintenance of state inmates participating in programs; promulgation of rules and regulations governing participation by state inmates in programs.
(a) There is hereby authorized in each county of the state a work release program for county inmates and state inmates in custody of the county. Such program may be established at the option of the county in accordance with the provisions of this article.
(b) The State Board of Corrections is authorized to contract with the county concerning the costs of maintenance of state inmates participating in the program.
(c) The board may also promulgate rules and regulations concerning state inmates participating in the program the observance of which may be a condition to such participation.
(Acts 1976, No. 637, p. 883, §2.)Section 14-8-32
Section 14-8-32
Establishment of work release camps.
Any county establishing a work release program pursuant to this article may also establish a work release camp to be used in carrying out the program, wherein inmates participating in the program may be housed in lieu of confinement in the county jail.
(Acts 1976, No. 637, p. 883, §4.)Section 14-8-33
Section 14-8-33
Adoption of regulations and policies for extension of limits of confinement of inmates; assignment and transfer of state inmates participating in programs; protests by sentencing judges, etc., as to participation by inmates in programs within counties in which convicted.
(a) Each county electing to establish a work release program under this article is authorized to adopt regulations and policies for extending the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe will know his trust by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking employment and traveling thereto and therefrom.
(b) A state inmate approved by the board for participation in a work release program established under this article shall be initially assigned to the county of his choice if such county has established a program under this article and if such program can practically accommodate the inmate in view of the number of participants already in the program and the availability of housing and paid employment opportunities for which the inmate is suited. Subsequent transfer requests must be approved by the board. The board may transfer a state inmate on its own motion upon written statement of good cause given to the inmate; provided, however, that the sentencing judge or district attorney for the county in which an inmate was convicted may protest the participation of the inmate in a work release program in that county. Such protests may be made in the same manner as protests of paroles.
(Acts 1976, No. 637, p. 883, §3.)Section 14-8-34
Section 14-8-34
Investigations and recommendations by employees of Board of Corrections and counties pertaining to requests for visits or job opportunities, etc.
Employees of the board and the county are authorized to make investigations and recommendations pertaining to the validity of requests for visits or job opportunities for their respective inmates and to otherwise assist the board or county in the implementation of the program authorized by this article.
(Acts 1976, No. 637, p. 883, §7.)Section 14-8-35
Section 14-8-35
Conditions as to employment of inmates.
The board and the county shall endeavor to secure employment for eligible inmates under this article, subject to the following conditions:
(1) Such employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;
(2) Such employment shall not result in the displacement of employed workers;
(3) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts;
(4) Exploitation of eligible prisoners in any form is prohibited, either as it might affect the community, the inmates, the board or the county.
(Acts 1976, No. 637, p. 883, §8.)Section 14-8-36
Section 14-8-36
Employment of inmates by state or counties generally; wages to be paid inmates employed thereby.
(a) The State of Alabama and any county are hereby authorized to become employers of work release inmates under this article, and as such may employ inmates to perform any state or county job available, including, but not limited to, road or bridge work, garbage collection and school grounds maintenance.
(b) Inmates employed under this section shall be paid the federally established minimum wage.
(Acts 1976, No. 637, p. 883, §13.)Section 14-8-37
Section 14-8-37
Disposition of earnings of inmates.
The employer of an inmate involved in work release pursuant to this article shall send the inmate's wages directly to the county or its designated agent. Of each inmate's earnings, 25 percent of his gross wages shall be applied to the costs incident to the inmate's confinement. If the cost of confinement of a state inmate as agreed upon in the maintenance contract authorized in Section 14-8-31 exceeds 25 percent of his gross wages, the board shall pay the difference to the county. The remainder of the inmate's wages shall be credited to his account with the county and shall be paid out as the inmate requests to furnish his clothing, medical and dental care, spending money, savings or dependent support.
(Acts 1976, No. 637, p. 883, §5.)Section 14-8-38
Section 14-8-38
Eligibility of inmates for good time credit.
County inmates employed under this article shall be eligible for good time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates so employed shall be eligible for good time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.
(Acts 1976, No. 637, p. 883, §9.)Section 14-8-39
Section 14-8-39
Granting of leaves and passes to inmates.
The county in the case of county inmates and the board in the case of state inmates may institute a procedure for granting passes and leaves to inmates participating in work release under this article, and may grant such passes or leaves in deserving cases.
(Acts 1976, No. 637, p. 883, §10.)Section 14-8-4
Section 14-8-4
Limitations on securing employment.
The commissioner shall endeavor to secure employment for eligible inmates under this article, subject to the following:
(1) Such employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;
(2) Such employment shall not result in the displacement of employed workers;
(3) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts; and
(4) Exploitation of eligible prisoners, in any form, is prohibited either as it might affect the community, the inmates or the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §7.)Section 14-8-40
Section 14-8-40
Inmates not deemed state agents, etc.; cause of action against county, etc.
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department, state, or county while involved in the free community, while under the direction, control, and supervision of the inmate's employer, or while going to and from employment or other specified areas.
Any inmate participating in a work release program authorized by this chapter or otherwise working outside the jail or a correctional facility shall have no cause of action against the county or a community correction agency, or an employee thereof, related to such activities, unless the county or community corrections agency, or employee thereof, is willfully negligent in carrying out their responsibilities.
(Acts 1976, No. 637, p. 883, §11; Act 2002-497, p. 1287, §1.)Section 14-8-41
Section 14-8-41
Designation by counties and Board of Corrections of officers or employees to do or perform acts or functions authorized by article.
(a) The county commission may designate any officer or employee of the county to do and perform for the county any act or function this article empowers the county to do or perform; provided, however, that no elected official of the county shall be designated to do or perform any act or function for the county unless such elected officer is agreeable to being so designated.
(b) The Board of Corrections may designate any employee of the board to do and perform for the board any act or function this article empowers the board to do or perform.
(Acts 1976, No. 637, p. 883, §12.)Section 14-8-42
Section 14-8-42
Willful failure of inmate to remain within extended limits of confinement or return to place of confinement within time prescribed.
The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution in the case of a state inmate and an escape from the custody of the sheriff in the case of a county inmate and shall be punishable accordingly.
(Acts 1976, No. 637, p. 883, §6.)Section 14-8-43
Section 14-8-43
Penalty for violations of provisions of article.
Anyone violating any of the provisions of this article shall be guilty of a misdemeanor.
(Acts 1976, No. 637, p. 883, §14.)Section 14-8-44
Section 14-8-44
Construction of article generally; effect of article upon existing programs operating or functioning pursuant to local law.
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not directly inconsistent herewith.
It is specifically provided that any work release program in operation or functioning pursuant to any local law on August 24, 1976, may be continued pursuant to such local law and shall not be affected in any way by this article. The county conducting such program may, however, at its option convert the program to a program to be governed by this article.
(Acts 1976, No. 637, p. 883, §16.)Section 14-8-5
Section 14-8-5
Inmate not deemed agent, etc., of Board of Corrections.
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee or involuntary servant of the board while involved in the free community or while going to and from employment, or other specified areas.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §9.)Section 14-8-6
Section 14-8-6
Disposition of earnings.
The employer of an inmate involved in work release shall pay the inmate's wages directly to the Department of Corrections. The department may adopt regulations concerning the disbursement of any earnings of the inmates involved in work release. The department is authorized to withhold from an inmate's earnings the cost incident to the inmate's confinement as the department shall deem appropriate and reasonable. In no event shall the withheld earnings exceed 40 percent of the earnings of the inmate. After all expenses have been deducted by the department, the remainder of the inmate's earnings shall be credited to his or her account with the department. Upon his or her release all moneys being held by the department shall be paid over to the inmate.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §4; Acts 1992, 2nd Ex. Sess., No. 92-688, p. 74, §1.)Section 14-8-60
Section 14-8-60
Definitions.
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BOARD. The Board of Corrections.
(2) COMMISSIONER. The Commissioner of the Board of Corrections.
(3) STATE CORRECTIONAL INSTITUTION. Any correctional institution under the jurisdiction of the board.
(4) INMATE. A person either male or female, who has been convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the board and who is participating in the Alabama Board of Corrections work release or prerelease programs.
(Acts 1976, No. 136, p. 130, §1.)Section 14-8-61
Section 14-8-61
Adoption of rules, regulations and policies extending limits of confinement of inmates seeking employment and place of residence.
In order to provide for the individual supervision and placement of an inmate in the community where the inmate will reside after release from a state correctional institution, the board is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate by authorizing such inmate, under prescribed conditions, to leave the confines of that place unaccompanied by custodial agents for a prescribed period of time to seek and secure employment and a place of residence in the community where the inmate will reside after the release from a state correctional institution.
(Acts 1976, No. 136, p. 130, §2.)Section 14-8-62
Section 14-8-62
Adoption of rules, regulations and policies extending limits of confinement for inmates studying vocational or educational curricula.
In order to insure that the inmate may be qualified to seek employment after release and thereby become an asset to society, as well as to such inmate, the board is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate, under prescribed conditions, to leave the confines of that place unaccompanied by custodial agents for a prescribed period of time to study in either a vocational or educational curriculum at an institution appropriate for the inmate's abilities.
(Acts 1976, No. 136, p. 130, §3.)Section 14-8-63
Section 14-8-63
Adoption of regulations as to eligibility for extension of confinement of inmates classified as minimum security risks.
The board may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement.
(Acts 1976, No. 136, p. 130, §4.)Section 14-8-64
Section 14-8-64
Investigations and recommendations by employees of Board of Corrections pertaining to requests for visits or job opportunities, etc.
Employees of the board are authorized to make investigations and recommendations pertaining to the validity of requests for visits or job opportunities for inmates and otherwise to assist the commissioner in the implementation of the program authorized by this article.
(Acts 1976, No. 136, p. 130, §6.)Section 14-8-65
Section 14-8-65
Inmates not deemed agents, etc., of Board of Corrections while going to and from employment, etc.
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee or involuntary servant of the board while involved in the free community or while going to and from employment or other specified areas.
(Acts 1976, No. 136, p. 130, §7.)Section 14-8-66
Section 14-8-66
Annual report; promotion of public understanding and encouragement of cooperation of state agencies.
(a) The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administrations and suggestions as deemed advisable.
(b) The commissioner shall promote public understanding of the provisions of this article as well as encourage the cooperation of all state agencies involved in implementing the provisions of this article.
(Acts 1976, No. 136, p. 130, §8.)Section 14-8-67
Section 14-8-67
Willful failure of inmate to remain within extended limits of confinement or return to place of confinement within time prescribed.
The willful failure of an inmate to remain within the extended limits of the inmate's confinement or to return within the time prescribed to the place of confinement designated by the commissioner shall be deemed as an escape from the custody of the board and shall be punishable as prescribed by law.
(Acts 1976, No. 136, p. 130, §5.)Section 14-8-7
Section 14-8-7
Good time.
Inmates employed under this article shall be eligible for good time credit in the same manner as other inmates under the jurisdiction of the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §8.)Section 14-8-9
Section 14-8-9
Annual report; public understanding.
The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administrations and suggestions as deemed advisable. The commissioner will provide public understanding of the provisions of this article as well as promote the cooperation of all state agencies involved in implementing the provisions of this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §10.)
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