Alabama Attorney General Opinion 1979-0162

r. OFFICE OF THE ATTORNEY GENERAL 1-1Q- ooltpcs 413) LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA APR 26 1979 ADMINI IVE BUILDING $4 NORTH UNION MONTGOMERY, ALABAMA 3E130 AREA (2051, 134.5150 JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable Robert M. Field District Attorney Seventh Judicial Circuit Post Office Box 2131 Anniston, Alabama 36201 Sheriffs--Prisons and Prisoners-- Work Release The sheriff has no authority to grant trusty status and privileges to state prisoners in county jail, nor to grant them leave or passes unless pursuant to Board of Cor- rections procedure in connection with a formally established state approved county work release program. Dear District Attorney Field: In a letter received by this office during the previous ad- ministration, you requested an advisory opinion on whether a- sheriff could grant trusty status and. privileges to a felony prisoner being held in county jail. Your letter stated as follows: This office has received numerous complaints regarding the practice of giving "trustee" status to persons confined to the county jail after having been convicted and sentenced' as felons. In particular, a number of persons convicted of murder have been given this status and allowed to remain at large during the weekends and during other periods of time. Quite naturally, the families of the victims in these murder cases have become concerned. Hon. Robert M. Field Page Two QUESTION: By what authority, if any, does a county sheriff have in granting "trustee" status to those persons convicted of heinous crimes, and if he does have such authority, does it include the authority to allow such persons freedom from con- finement? From a phone conversation with you, it was learned that the prob- lem also includes the sheriff permitting felony prisoners to leave jail for the purpose of attending school or college classes, and the sheriff releasing felons for short periods of time on "passes" or "furloughs" for a variety of other purposes. The Calhoun County Sheriff does not have any legal authority to grant trusty status and privileges to a felon being housed in the Calhoun County Jail. He cannot grant such a prisoner a "pass" or "furlough", nor can he temporarily release such a prisoner from jail for any purpose or reason. There are three laws that provide for the temporary release from custody of convicted felons who have not completed their sentence. None of these laws permits a sheriff to do what you state has been done. The legislature has provided for a system of work release for state or felony inmates in county custody. The legislation is- contained in Code of Alabama 1975, §14-8-30 through §14-8-44 (1978 Cum. Supp.). Under this Act, each county is given the option of establishing a state-approved work release program which includes state inmates in county jails. If a county formally es- tablishes such a program, state inmates in county jails may participate in it, but only if they are approved by the State Board of Corrections. §14-8-33(b). The Act giving counties the option to establish a state= approved county work release program also provides for passes and leaves to be granted to county and state inmates who parti- cipate in the program. Code of Alabama 1975, §14-8-39 (1978 Cum. Supp.). Once such a program is established, the county may grant passes or leaves in deserving cases to participating county inmates, which includes all persons sentenced to a term of confine- ment of one year or less. §§14-8-30(1) and 14-8-39. Hon. Robert M. Field - Page Three However, even if such a state-approved county work re- lease program is established, state inmates in county jails may be granted passes or leaves only in conformity with the procedure established by the State Board of Corrections. Code of Alabama 1975, §14-8-39 (1978 Cum. Supp.). State in- mates are defined by the Act to include all inmates sentenced to a term of confinement of more than one year's duration. §14-8-30(2). Therefore, even if a state-approved county work release program is in operation, any inmate sentenced to more than a year s confinement may be granted a pass or leave only if permitted by the State Board of Corrections. The legislation providing for a system of state-approved county work release programs cannot be authority for the Calhoun County Sheriff to grant passes or leaves to state inmates in the Cal- houn County Jail for another very simple reason. Calhoun County has not established a state-approved work release program under the Act. Sixteen other counties have done so, but not Calhoun. Thissecondlegislation that authorizes the temporary re- lease from custody of a felon is Code of Alabama 1975, §14-8-60 through §14-8-67 (1978 Cum. Supp.), which provides that a felon maybe temporarilzreleasedfor educational or vocational study in certain circustances. However, this legislation clearly re- stricts educational or vocational leave for felons to that granted by the Commissioner of Corrections pursuant to rules, regulations, and policies adopted by the State Board of Cor- - rections. -A check with the Office of the-Commissioner -of Corrections reveals that he has not granted any educational or vocational leave to any felon incarcerated in the Calhoun County Jail. The third legislation providing for a temporary leave for felons is found in Code of Alabama 1975, §15-22-28(c), which authorizes the Commissioners of Corrections to grant temporary leave, including Christmas furloughs, to prisoners "for good and sufficient reason". No sheriff can grant this leave, - only the Commissioner of Corrections is authorized to grant it. A check with the Office of the Commissioner of Corrections re- veals that he has not granted any such leave to any felon in- carcerated in the Calhoun County Jail. Hon. Robert M. Field Page Four In summary, three different legislative acts authorize temporary leave for felons from their place of confinement in certain circumstances. The pattern of these acts es- tablishes a legislative intent to provide temporary leave, furloughs, or passes for convicted felons only in those cir- cumstances which are carefully outlined in existing legislation. The Calhoun County Sheriff has no legal authority whatsoever to grant state prisoners incarcerated in the Calhoun County Jail trusty status or privileges, nor can he legally grant them leaves, passes, or furloughs of any kind. We hope that this opinion answers your questions adequately. Sincerely, CHARLES A. GRADDICK Attorney General By- ED CARNES CARNES Assistant Attorney General EC/dwm