Alabama Attorney General Opinion 1979-0170

agi _Les OFFICE OF THE ATTORNEY vrENERAL re 19-Dolt LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR . EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA SEP 27 1019 ADMINI IVE BUILDING 14 NORTH UNION MONTGOMERY AREA 1205). 1114-111110 "" Honorable James Earl Johnson Sheriff of Chilton County Clanton, Alabama 35045 Counties - Prisoners - Nbrk for County County Commissions have authority to work prisoners sentenced to hard labor for the county. Opinion by Assistant Attorney General EeBardelaben Dear Sir: This letter is in response to your letter of August 22, 1979 asking if the Chilton County Commission has authority to work county prisoners Who have been sentenced to perform hard labor for the county. The answer to your question is in the affirmative. Section 14-5-1, Code of Alabama 1975 provides: "Hard labor for the county; as used in this Code or any other law of the state, shall include labor on public roads, public bridges and other public works in the county." Section 14-5-5, Code of Alabama 1975 provides: "Nothing in this Chapter shall prevent any county of this state frum working its county convicts according to the law as it now exists or nay hereafter be enacted, but no county convict shall be worked in any coal nine or worked under lease to any person, firm or Honorable James Earl Johnson Page TWo corporation; provided, however, that any county or counties shall have the authority to work such convicts retained by it in and around the courthouse, in and around the jail or any other public building or works of the county.' (Acts 1927, No. 72, p. 52; Code 1940, T.45, §100, Acts 1955, No. 307, P. 705.) [Emphasis added.] "Section 14-4-2, Code of Alabama 1975 provides: "Hard labor for the county shall be under the superintendence and control of the county Commission, which shall determine in what manner and on what particular works the labor shall be performed, and all convicts sentenced to hard labor for the county shall be under the direction and control of the county ccomissionWhen worked in the county where convicted, unless otherwise provided by court order. It may hire sufficient guards for the safekeeping and maintenance of the convicts on the *bile roads of the respective counties. (Acts 1907, NO. 85, p. 179; Acts 1915, No. 580, p. 630; Code 1923, §§1375, 3676; Code 1940; - T. 45, §75.) [Emphasis added.] Section 14-4-6, Code of Alabama 1975 provides: "Whenever the county commission of a county deems it to the best interest of the county to use the county convicts in building, repairing and working the public roads of the county, it may so work them under rules and regulations to be pres- cribed by the board of corrections, which shall be uniform throughout the state for working county convicts on the public roads. (Code 1896,-§4528; Acts 1907, No. 85, p. 179; Code 1907, §6581; Code 1923, §3684; Code 1940, T. 45, §81.) Honorable James Earl Johnson Page Three Section 14-5-6, Code of Alabama 1975 provides: "County commissions in all counties of this state may use county convict labor for use in the construction or maintenance of any drains or outlets for drains, for reopening of any filled or partly filled drains or for the construction or maintenance of any levees in connection with drains necessary, desirable or convenient for the full development, preservation and maintenance or use of any drains or drainage district established or now constructed or that may be hereafter established or constructed under the provisions of general laws relating to drainage districts." (Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §101.) Section 14-5-8, Code of Alabama 1975 provides: "The use of county convict labor under the provisions of sections 14-5-6, 14-5-7 and 14-11-2 shall.be such uses as may be agreed to by the county commissions in counties that may use convict labor; pro- vided, that such convict labor shall not be used for such purposes unless, after entering an agreement for such use of convict labor on the minutes of the county commission, the agreement with the proposed plan for its operation shall be submitted to the state health officer for review as to whether the same may conflict with the public health statutes or rules or regulations of the state board of health, and for his opinion on what may be accomplished that will or may contribute to the pliblic health or sanitation. The conclusion as to such finding shall be signed by the said state health officer and be filed with the county commission of such county. (Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §104.) Honorable James Earl Johnson Page Four The County Courrission has the authority to work prisoners sentenced to hard labor for the county as provided by the above quoted statutes. I do hope that this response fully answers your question. If, however, wp may be of further assistance, please do not hesitate to call on us. Sincerely, tea. CHARLES A. GRADEECK Attorney General