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AG Opinions: Work limits on probationers, constable vehicles AG OPINION NO. 2016-091 May individuals who are on probation be used to work for non-profit organizations? 309 prisoners cannot be used to work for nonprofit organizations because these inmates are specifically assigned to work on the particular job needs of public detention facilities and political subdivisions. The Attorney General explained that 309 inmates who are released from the Arkansas Department of Correction (ADC) for work assignment have a particular scope of projects allowed by law. It is clear from the plain language of section to Ark. Code Ann. § 12-30-407 that 309 prisoners are assigned to work on the job needs of political subdivisions public or detention facilities. The statute further specifies that the assigned inmates must work at jobs that “directly benefit” the public entities. The inmates are to work at jobs that directly benefit a political subdivision or their facilities. It is also required that the project is related to a particular inmate’s background classification and that the inmates are to be under supervision at all times. With regard to “community service workers,” those offenders who have been assigned to community correction programs administered by the Arkansas Department of Community Correction (ADCC) can, in the opinion of the AG, generally be directed to work for non-
profit organizations. This includes offenders who have been assigned to community correction programs under Ark. Code Ann. § 16-93-1201 et seq. and “community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community.” Ark. Code Ann. § 16-93-1202. The AG noted that the subject regulations define “community service program” to include “work-site agreements with non-profit agencies or organizations….” As for community service work by other offenders, Ark. Code Ann. § 5-4-803 authorizes a court to condition an eligible offender’s suspended sentence upon his incarceration in a county or regional jail to work on a “community work project,” which is defined to include only projects on “public lands, public buildings, public roads, public parks, and public rightsof-way….” Ark. Code Ann. § 5-4-322 authorizes a district court to sentence a defendant to “public service work” and appears to authorize “working off fines” through community service work. The AG concluded that offenders sentenced to “public service work” under section Ark. Code Ann. § 5-4-322 can perform work for nonprofit organizations.
AG OPINION NO. 2016-088 The AG noted the problems with pay-
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ing or reimbursing a constable for fuel in their privately-owned vehicle. Constables are township ofMark Whitmore ficials, not AAC Chief Counsel county officials. However, Ark. Code Ann. § 14-14-1310 allows a county quorum court to appropriate funds for the reimbursement or payment of the reasonable expenses of a constable. The code mandates that a vehicle used by a constable be properly marked and equipped. Ark. Code Ann. § 14-141205 also allows the quorum court to affix a salary for constables. The AG concluded that fuel expenses may be included in compensation. The AG, however, underscored serious accounting issues and potential abuse in reimbursing an individual for fuel placed in their privately-owned vehicle. The generic means of reimbursement of use of a private vehicle for work related travel is set forth on Ark. Code § 14-14-1207. {Legislative audit and best practices might reject an appropriation or payment of a claim for reimbursement for fuel for a privately-owned vehicle}.
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