Probationers — Eligibility — Reporting to Work — Violations

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  1. Work projects approved pursuant to this part shall be performed by defendants who have been placed on probation pursuant to § 40-35-303, who, as a condition of probation, have been ordered to perform a period of community service work as provided in § 40-35-303(d)(3), and who have been assigned to the supervision of the county.
  2. When a judge so places a defendant on probation and orders the defendant to perform community service work, the judge shall direct the defendant to report to the county community work project coordinator in the county in which the defendant resides or where the offense occurred. The coordinator shall interview the defendant for the purpose of determining job skills and the work project for which the defendant is best suited. Failure of a defendant to report to the work project coordinator when directed to do so by a judge shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  3. After interviewing a defendant and determining the work project to which the defendant is best suited, the coordinator shall give the defendant a date and time to report, the location of the work project and the name of the person responsible for supervising the work project. The defendant shall be responsible for reporting to the project supervisor at the designated date and time. Prior to that date and time, the coordinator shall notify the project supervisor of the name of the defendant, the defendant's job skills and the date and time the defendant is to report to work. If the defendant does not appear for work at the designated date and time, the project supervisor shall so notify the coordinator. Failure of a defendant to appear at a work project when directed to do so by the coordinator shall constitute a violation of the defendant's probation and shall be reported by the coordinator to the defendant's probation officer.
  4. If any defendant placed on probation and ordered to perform community service work pursuant to § 40-35-303 is employed or is seeking employment, the work project coordinator shall assign the defendant to a work project that can be performed during times that do not interfere with the defendant's employment or seeking of employment.


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