§ 18-16. Public service program.

(a)

There is hereby established the Tupelo Municipal Court Public Service Program pursuant to MCA 1972, §§ 21-23-1 et seq., 47-1-41 through 47-1-47 and related statutes.

(b)

The responsibility of carrying out the provisions and guidelines of the program established by this section shall devolve on the mayor and board of aldermen through the municipal court and judge and the persons hereinafter named and vested with the municipal court by contempt power or other measures under the law available to the court.

(c)

Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, where the objects of justice would be more likely met and when it is in the best interest of the city, may in its discretion sentence an offender as a condition of the suspension of sentence or the execution of sentence or any part thereof or as an alternative to imposition of fine and/or incarceration, to a period of public service. Public service work shall be with one (1) of the departments of the city, or other exclusively public agency or organization designated by the mayor and board of aldermen and approved by the court. The sentence shall be specific as to the number of hours to be worked and shall be commensurate with the fine and/or imprisonment that would ordinarily have been imposed. A combination of fine and public service work may be ordered by the court.

(d)

In cases where the municipal court has imposed sentence of fine and payment of costs therefor, and the offender fails to do so, the municipal court may order the offender to satisfy such fine and costs by performing public service work in one (1) of the departments of the city, or other exclusively public agency or organization designated by the mayor and board of aldermen and approved by the court. The offender shall be credited toward satisfaction of his fine at a monetary rate per hour commensurate with the hourly rate of compensation ordinarily paid for work similar to the work being performed by the offender, until such fine and costs are fully paid. The minimum monetary credit shall be the rate of the highest current federal minimum wage.

(e)

In cases where an offender to serve a sentence of incarceration such an offender may voluntarily request that the court place him in the program. The court in its discretion may so order taking into consideration the nature of the offense, the public safety and welfare, the reasons for its original sentence of confinement and other factors thereof.

(f)

An offender shall not be incarcerated if the offender is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds (except if the offender failed or refused to comply with a prior sentence pursuant to MCA 1972, § 99-19-20), but such an offender may be required to perform public service work as prescribed herein.

(g)

The municipal court probation counselors shall be charged with the presentence, administrative, record keeping and reporting, and counseling functions of the program. For potential program eligible offenders or at the court's request, a presentence report shall be made consisting of the offender's criminal history, education level, employment history, ability of the offender to perform work, the financial resources of the defendant, the other obligations (primarily family) of the defendant, and such other information as the court may deem necessary. The probation counselors shall furnish to each offender ordered under their supervision a written statement of the conditions of the program, probation, or suspension and shall instruct him regarding the same. They shall keep detailed records of their work and shall make such reports in writing as the court or the mayor and board may require.

(h)

The chief executive of each city department or the head of the approved agency or organization (which individual shall also be approved by the mayor, board, and court), shall have custody and charge of any offender ordered by the court to perform public service work in that department, agency or organization, while the offender is at work. Such executive shall determine what is to be done (depending upon the needs of the city, the agency, or the organization, and the ability of the offender) and determine the rate of monetary credit. The executive shall provide reasonable supervision of the offender either in person or by deputy. Such executive or approved agency head shall report on a form provided by the court, to the probation counselors, who shall in turn report to the court, whether the performance of the offender is satisfactory or unsatisfactory.

(i)

Inherently dangerous work shall not be assigned to offenders. An offender shall not be required to work in excess of the hours ordered by the court or in excess of the amount required for satisfaction of his fine and costs. No offender shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours' labor each day. Where appropriate and in the discretion of the court, weekend public service may be ordered.

(j)

When assigned to perform public service work by the court, the offender must report at the time and place ordered by the court and his supervisor/counselor and must render satisfactory and full performance. If substantial compliance with the program or satisfactory performance of the public service work is not rendered the offender may be charged with contempt of court and if convicted may be sentenced as provided by law.

(k)

Offenders ordered to perform public service under this program shall be deemed, unless otherwise ordered by the court, on probation with the municipal court probation program and subject to the conditions and requirements thereof.

(l)

Appropriate and approved forms shall be executed by the municipal judge, department executive or agency head, probation counselors, and offenders and shall be filed with the record of the case. The municipal court clerk shall keep a record of the satisfaction of fines under this program and make it a part of the annual report of the municipal court.

(m)

In the spirit of cooperation and mutual benefit, the mayor and board of aldermen are authorized to extend the program by agreeing with the county board of supervisors, court justice courts, or county circuit court on terms for the working of the municipal offenders with the public works programs of the county and they in turn reciprocating whenever appropriate, with the working of county offenders in the municipal program. In so doing, the mayor and board of aldermen shall not agree to credit more per working time period for the labor of any county offender than in its judgment such labor is worth to the city, in order that in working of such county offenders the city shall not do so at a loss.

(n)

This section shall be filed with the clerk for public record as general written guidelines for the program but is not intended to be all-inclusive and may be amended and expanded upon by the mayor and board of aldermen or the court.

(o)

This section shall be in addition and supplementary to other ordinances which are not in conflict herewith.

(Ord. of 12-1-81(2), §§ 1—15)