A. Each county is hereby authorized to establish and maintain for the benefit of nonviolent misdemeanor offenders a "debt to society" work release or community service program. When a county establishes such program, the following requirements shall apply:

1. In conjunction with the office of the district attorney, the county sheriff shall establish guidelines for the monitoring and enforcement of persons the program would be available to;

2. The program guidelines shall provide the details for a work release program or a community service program;

3. The program guidelines shall be approved by the district judge prior to implementation;

4. Only defendants who enter a plea or are convicted of a nonviolent misdemeanor offense may be eligible for the program;

5. An eight-hour work day shall translate into one (1) full day of imprisonment in a county jail. A four-hour work day shall translate into one-half (1/2) day of imprisonment in a county jail; and

6. Counties may use the program in lieu of incarceration and/or housing a defendant.

B. 1. The sentence of the person may be reduced by earned early release time in accordance with procedures developed and promulgated by the county sheriff and approved by the district attorney.

2. The earned early release time shall be for good behavior and good performance in the work release or community service program as determined by the county sheriff.

3. The county sheriff shall not credit the person with earned early release time in advance of the person actually earning the credits.

4. Under no circumstances shall the aggregate sum of earned early release time exceed one-third (1/3) of the total sentence.

C. 1. The earnings of a person participating in a work release program may be collected by the county.

2. The county may deduct from the earnings of the work release or community service program participant amounts necessary for the payment of the following:

a.incarceration costs,

b.administrative expenses relating to participation in the work release or community service program,

c.court-ordered victim restitution, and

d.court costs and fees associated with the criminal case of the person.

Child support obligations for dependents of the person, if any, shall be made as directed by the court.

Any remaining balance shall be returned to the person.

D. If the person violates any of the conditions of the work release or community service program, custody or employment, the person shall be suspended from further participation in the work release or community service program. The sentencing court may require the person to spend the remainder of the sentence in actual confinement and may revoke any earned early release credits.

Added by Laws 2016, c. 273, § 2, eff. Nov. 1, 2016.