Prisoners, leave from jail, when--compensation earned on leave,how applied--three-fourths rule (certain cities and counties).
221.170. 1. Any person sentenced to a county jail in acounty of the first class or second class or to the city jail orworkhouse of any city with a population of five hundred thousandor more for crime, nonpayment of a fine or forfeiture, orcontempt of court may be granted the privilege of leaving thejail during necessary and reasonable hours for any of thefollowing purposes:
(1) Working at his employment; or
(2) Conducting his own business or other self-employedoccupation, and in the case of a woman for the purpose ofhousekeeping and attending the needs of her family; or
(3) Attendance at an educational institution; or
(4) Obtaining medical treatment; or
(5) Visiting prospective employers at prearrangedinterviews.
2. Unless the privilege is expressly granted by thesentencing court, the prisoner is sentenced to ordinaryconfinement. The prisoner may petition the sentencing court forthe privilege at the time of sentence or thereafter, and in thediscretion of the sentencing court may renew his petition. Thesentencing court may withdraw the privilege at any time by orderentered with or without notice.
3. The sheriff of the county or the warden of the city,whichever the case may be, shall endeavor to secure employmentfor unemployed prisoners sentenced under this section. If aprisoner is employed for wages or salary the sheriff of thecounty or the warden of the city, whichever the case may be,shall collect the same or require the prisoner to turn over hiswages or salary in full when received, and the sheriff of thecounty or the warden of the city, whichever the case may be,shall deposit the same in a trust checking account and shall keepa ledger showing the status of the account of each prisoner. Thewages or salary are not subject to garnishment in the hands ofeither the employer or the sheriff of the county or the warden ofthe city, whichever the case may be, during the prisoner's term,and shall be disbursed as provided in this section; but for taxpurposes they are income of the prisoner.
4. Every prisoner gainfully employed under this section isliable for the cost of his board. If necessarily absent fromjail at a meal time he shall upon request be furnished with anadequate nourishing lunch to carry to work. The sheriff shallcharge his account, if he has one, for the board. If theprisoner is gainfully self-employed he shall pay the sheriff forthe board, in default of which his privilege under this sectionis automatically forfeited.
5. By order of the sentencing court, the wages of employedprisoners shall be disbursed by the sheriff for the followingpurposes:
(1) The board of the prisoner;
(2) Necessary travel expenses to and from work and otherincidental expenses of the prisoner;
(3) Support of the prisoner's dependents, if any;
(4) Payment, either in full or ratably, of the prisoner'sobligations acknowledged by him in writing or which have beenreduced to judgment;
(5) The balance, if any, to the prisoner upon his discharge.
6. The court may by order authorize the sheriff to whom theprisoner is committed to arrange with another sheriff for theemployment of the prisoner in the other's county, and while soemployed to be and continue subject to the commitment.
7. The county commission or governing body may, if thesheriff of the county or the warden of the city, whichever thecase may be, requests it, by resolution direct that all functionsof the sheriff of the county or the warden of the city, whicheverthe case may be, under subsection 3 or 5 or both be performed bythe county or city welfare office; or, if the county commissionor governing body has not so directed, the sentencing court mayorder that the prisoner's earnings be collected and disbursed bythe clerk of the sentencing court. The order shall remain inforce until rescinded by the county commission or governing bodyor the sentencing court, whichever made it.
8. The county welfare office shall at the request of thesentencing court investigate and report to the sentencing courtthe amount necessary for the support of the prisoner'sdependents.
9. The sheriff may refuse to permit the prisoner to exercisehis privilege to leave the jail as provided in this section fornot to exceed five consecutive days for any breach of disciplineor other violation of jail regulations.
10. Any prisoner granted privileges pursuant to this sectionwho serves three-fourths of the time for which he may have beensentenced in an orderly and peaceable manner shall be dischargedin the same manner as if the prisoner had served the full timefor which sentenced.
11. In the case of a violation of the law or jailregulations, the prisoner shall be returned to the sentencingcourt; and it may require that the balance of his sentence bespent in actual confinement and may cancel any earned diminutionof his term.
12. Any county may suspend the operation of this section byresolution or ordinance when proper facilities are not available.
13. The county commissions of all other counties of thestate shall have the power to provide for the employment, undersuch rules and regulations and under such terms as they mayprescribe, of all persons convicted of an offense under thestatutes of this state, and who may be sentenced to imprisonmentin the county jail, or who may be committed to the county jailfor nonpayment of fine; and the amount so received for theservices of such person so hired shall be applied upon thejudgment against him.
Prisoners, leave from jail, when--compensation earned on leave,how applied--three-fourths rule (certain cities and counties).
221.170. 1. Any person sentenced to a county jail in acounty of the first class or second class or to the city jail orworkhouse of any city with a population of five hundred thousandor more for crime, nonpayment of a fine or forfeiture, orcontempt of court may be granted the privilege of leaving thejail during necessary and reasonable hours for any of thefollowing purposes:
(1) Working at his employment; or
(2) Conducting his own business or other self-employedoccupation, and in the case of a woman for the purpose ofhousekeeping and attending the needs of her family; or
(3) Attendance at an educational institution; or
(4) Obtaining medical treatment; or
(5) Visiting prospective employers at prearrangedinterviews.
2. Unless the privilege is expressly granted by thesentencing court, the prisoner is sentenced to ordinaryconfinement. The prisoner may petition the sentencing court forthe privilege at the time of sentence or thereafter, and in thediscretion of the sentencing court may renew his petition. Thesentencing court may withdraw the privilege at any time by orderentered with or without notice.
3. The sheriff of the county or the warden of the city,whichever the case may be, shall endeavor to secure employmentfor unemployed prisoners sentenced under this section. If aprisoner is employed for wages or salary the sheriff of thecounty or the warden of the city, whichever the case may be,shall collect the same or require the prisoner to turn over hiswages or salary in full when received, and the sheriff of thecounty or the warden of the city, whichever the case may be,shall deposit the same in a trust checking account and shall keepa ledger showing the status of the account of each prisoner. Thewages or salary are not subject to garnishment in the hands ofeither the employer or the sheriff of the county or the warden ofthe city, whichever the case may be, during the prisoner's term,and shall be disbursed as provided in this section; but for taxpurposes they are income of the prisoner.
4. Every prisoner gainfully employed under this section isliable for the cost of his board. If necessarily absent fromjail at a meal time he shall upon request be furnished with anadequate nourishing lunch to carry to work. The sheriff shallcharge his account, if he has one, for the board. If theprisoner is gainfully self-employed he shall pay the sheriff forthe board, in default of which his privilege under this sectionis automatically forfeited.
5. By order of the sentencing court, the wages of employedprisoners shall be disbursed by the sheriff for the followingpurposes:
(1) The board of the prisoner;
(2) Necessary travel expenses to and from work and otherincidental expenses of the prisoner;
(3) Support of the prisoner's dependents, if any;
(4) Payment, either in full or ratably, of the prisoner'sobligations acknowledged by him in writing or which have beenreduced to judgment;
(5) The balance, if any, to the prisoner upon his discharge.
6. The court may by order authorize the sheriff to whom theprisoner is committed to arrange with another sheriff for theemployment of the prisoner in the other's county, and while soemployed to be and continue subject to the commitment.
7. The county commission or governing body may, if thesheriff of the county or the warden of the city, whichever thecase may be, requests it, by resolution direct that all functionsof the sheriff of the county or the warden of the city, whicheverthe case may be, under subsection 3 or 5 or both be performed bythe county or city welfare office; or, if the county commissionor governing body has not so directed, the sentencing court mayorder that the prisoner's earnings be collected and disbursed bythe clerk of the sentencing court. The order shall remain inforce until rescinded by the county commission or governing bodyor the sentencing court, whichever made it.
8. The county welfare office shall at the request of thesentencing court investigate and report to the sentencing courtthe amount necessary for the support of the prisoner'sdependents.
9. The sheriff may refuse to permit the prisoner to exercisehis privilege to leave the jail as provided in this section fornot to exceed five consecutive days for any breach of disciplineor other violation of jail regulations.
10. Any prisoner granted privileges pursuant to this sectionwho serves three-fourths of the time for which he may have beensentenced in an orderly and peaceable manner shall be dischargedin the same manner as if the prisoner had served the full timefor which sentenced.
11. In the case of a violation of the law or jailregulations, the prisoner shall be returned to the sentencingcourt; and it may require that the balance of his sentence bespent in actual confinement and may cancel any earned diminutionof his term.
12. Any county may suspend the operation of this section byresolution or ordinance when proper facilities are not available.
13. The county commissions of all other counties of thestate shall have the power to provide for the employment, undersuch rules and regulations and under such terms as they mayprescribe, of all persons convicted of an offense under thestatutes of this state, and who may be sentenced to imprisonmentin the county jail, or who may be committed to the county jailfor nonpayment of fine; and the amount so received for theservices of such person so hired shall be applied upon thejudgment against him.
Prisoners, leave from jail, when--compensation earned on leave,how applied--three-fourths rule (certain cities and counties).
221.170. 1. Any person sentenced to a county jail in acounty of the first class or second class or to the city jail orworkhouse of any city with a population of five hundred thousandor more for crime, nonpayment of a fine or forfeiture, orcontempt of court may be granted the privilege of leaving thejail during necessary and reasonable hours for any of thefollowing purposes:
(1) Working at his employment; or
(2) Conducting his own business or other self-employedoccupation, and in the case of a woman for the purpose ofhousekeeping and attending the needs of her family; or
(3) Attendance at an educational institution; or
(4) Obtaining medical treatment; or
(5) Visiting prospective employers at prearrangedinterviews.
2. Unless the privilege is expressly granted by thesentencing court, the prisoner is sentenced to ordinaryconfinement. The prisoner may petition the sentencing court forthe privilege at the time of sentence or thereafter, and in thediscretion of the sentencing court may renew his petition. Thesentencing court may withdraw the privilege at any time by orderentered with or without notice.
3. The sheriff of the county or the warden of the city,whichever the case may be, shall endeavor to secure employmentfor unemployed prisoners sentenced under this section. If aprisoner is employed for wages or salary the sheriff of thecounty or the warden of the city, whichever the case may be,shall collect the same or require the prisoner to turn over hiswages or salary in full when received, and the sheriff of thecounty or the warden of the city, whichever the case may be,shall deposit the same in a trust checking account and shall keepa ledger showing the status of the account of each prisoner. Thewages or salary are not subject to garnishment in the hands ofeither the employer or the sheriff of the county or the warden ofthe city, whichever the case may be, during the prisoner's term,and shall be disbursed as provided in this section; but for taxpurposes they are income of the prisoner.
4. Every prisoner gainfully employed under this section isliable for the cost of his board. If necessarily absent fromjail at a meal time he shall upon request be furnished with anadequate nourishing lunch to carry to work. The sheriff shallcharge his account, if he has one, for the board. If theprisoner is gainfully self-employed he shall pay the sheriff forthe board, in default of which his privilege under this sectionis automatically forfeited.
5. By order of the sentencing court, the wages of employedprisoners shall be disbursed by the sheriff for the followingpurposes:
(1) The board of the prisoner;
(2) Necessary travel expenses to and from work and otherincidental expenses of the prisoner;
(3) Support of the prisoner's dependents, if any;
(4) Payment, either in full or ratably, of the prisoner'sobligations acknowledged by him in writing or which have beenreduced to judgment;
(5) The balance, if any, to the prisoner upon his discharge.
6. The court may by order authorize the sheriff to whom theprisoner is committed to arrange with another sheriff for theemployment of the prisoner in the other's county, and while soemployed to be and continue subject to the commitment.
7. The county commission or governing body may, if thesheriff of the county or the warden of the city, whichever thecase may be, requests it, by resolution direct that all functionsof the sheriff of the county or the warden of the city, whicheverthe case may be, under subsection 3 or 5 or both be performed bythe county or city welfare office; or, if the county commissionor governing body has not so directed, the sentencing court mayorder that the prisoner's earnings be collected and disbursed bythe clerk of the sentencing court. The order shall remain inforce until rescinded by the county commission or governing bodyor the sentencing court, whichever made it.
8. The county welfare office shall at the request of thesentencing court investigate and report to the sentencing courtthe amount necessary for the support of the prisoner'sdependents.
9. The sheriff may refuse to permit the prisoner to exercisehis privilege to leave the jail as provided in this section fornot to exceed five consecutive days for any breach of disciplineor other violation of jail regulations.
10. Any prisoner granted privileges pursuant to this sectionwho serves three-fourths of the time for which he may have beensentenced in an orderly and peaceable manner shall be dischargedin the same manner as if the prisoner had served the full timefor which sentenced.
11. In the case of a violation of the law or jailregulations, the prisoner shall be returned to the sentencingcourt; and it may require that the balance of his sentence bespent in actual confinement and may cancel any earned diminutionof his term.
12. Any county may suspend the operation of this section byresolution or ordinance when proper facilities are not available.
13. The county commissions of all other counties of thestate shall have the power to provide for the employment, undersuch rules and regulations and under such terms as they mayprescribe, of all persons convicted of an offense under thestatutes of this state, and who may be sentenced to imprisonmentin the county jail, or who may be committed to the county jailfor nonpayment of fine; and the amount so received for theservices of such person so hired shall be applied upon thejudgment against him.
