§ 12-42-116 - Work-study release.
               	 		
12-42-116.    Work-study release.
    (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.