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The code of the city of Charlottesville, Virginia, 1945 :

the charter of the city and the general ordinances of the city ; enacted as a whole April 16, 1945, effective May 1, 1945
  
  
  
  
  

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CHAPTER 23.
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CHAPTER 23.

Prison and Prisoners.

                               
§ 1.  City jail established. 
§ 2.  Sergeant to have supervision and control of jail. 
§ 3.  What persons confined to city jail. 
§ 4.  Committing persons to jail; release from custody. 
§ 5.  Purchases for jail. 
§ 6.  Health officer to inspect jail; reports to city manager. 
§ 7.  Sick prisoners. 
§ 8.  Limitation of confinement for failure to pay fines and costs. 
§ 9.  Credit for good conduct; credits on fine and costs. 
§ 10.  Work force—Establishment; control of city manager. 
§ 11.  Same—Persons required to work. 
§ 12.  Same—Foreman and assistant foreman—Appointment. 
§ 13.  Same—Same—Powers and duties; removal from office. 
§ 14.  Same—Taking out prisoners to labor. 
§ 15.  Same—Prisoners to obey orders and work each day unless
excused. 
§ 16.  Same—Punishment of prisoners. 

Sec. 1. City jail established.

A city jail shall be established for the confinement of all persons
who may be committed or sentenced thereto. (Code 1932,
§ 310; Ord. Nov. 2, 1936.)

Sec. 2. Sergeant to have supervision and control of jail.

The city sergeant shall have supervision and control of the
city jail and the custody of all prisoners confined therein, as provided
by statute.[30]

 
[30]

Section 3487(11) of Michie's Virginia Code of 1942.

Sec. 3. What persons confined to city jail.

All persons who may be lawfully committed to the city jail by
the judge of any court shall be received by the city sergeant in
said jail and shall be there retained until released by proper order.
(Code 1932, § 311; Ord. Nov. 2, 1936.)

For similar statutory provision, see § 2869 of Michie's Virginia
Code of 1942.


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Sec. 4. Committing persons to jail; release from custody.

No person shall be committed to the city jail by the civil and
police justice except upon written order of the civil and police
justice or the chief of police, nor shall any such person be released
from the city jail except upon a like order. (Code 1932,
§ 317; Ord. Nov. 2, 1936.)

As to civil and police justice committing persons to jail for nonpayment
of fines, see ch. 9, § 7 of this volume.

Sec. 5. Purchases for jail.

The city purchasing agent shall make all purchases of every
kind and character necessary for the operation of the jail, and the
costs of the same shall be paid by the city.

See § 3487(8), subsec. (b), last sentence, Michie's Virginia Code of
1942.

Sec. 6. Health officer to inspect jail; reports to city
manager.

The health officer shall at least once a month inspect the jail
and make report of same to the city manager. (Code 1932,
§ 317; Ord. Nov. 2, 1936.)

For statutory provisions as to inspection of jails, see § 2863 of Michie's
Virginia Code of 1942.

Sec. 7. Sick prisoners.

When a prisoner claims to be sick the city sergeant shall
promptly notify the physician of the jail, who shall visit such
prisoner during the day in which he is so notified. If in his
opinion the prisoner is unfit for work, he shall so certify to the
city manager and said physician shall continue to visit the prisoner
daily so long as he may require medical attention. (Code
1932, § 314; Ord. Nov. 2, 1936.)

Sec. 8. Limitation of confinement for failure to pay fines
and costs.

If any person is confined in jail until his fine and costs, or costs


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where there is no fine, are paid, such confinement shall not exceed
five days when the fine and costs, or costs where there is no
fine, are less than five dollars; when less than ten dollars it shall
not exceed ten days; when less than twenty-five dollars it shall
not exceed fifteen days; when less than fifty dollars it shall not
exceed thirty days, and in no case shall the confinement exceed
two months. (Code 1932, § 316; Ords. Nov. 2, 1936, April 5,
1943.)

For similar provision of state law, see § 4953 of Michie's Virginia
Code of 1942.

As to imprisonment for failure to pay fine, see ch. 9, § 7 of this volume.

Sec. 9. Credit for good conduct; credits on fine and costs.

Prisoners shall be allowed a credit upon their term of imprisonment
at the rate of ten days per month for good conduct, and
in addition thereto shall be allowed a credit on the fine and costs,
if any, due by them, of seventy-five cents per day for each day of
confinement whether the same be on account of sentence imposed
or for failure to pay fine or costs, but nothing herein contained
shall prevent the city from collecting said fine and costs or any
part thereof by civil proceedings; provided, however, that in the
event of the willful failure of any prisoner to work the credit allowed
shall be twenty-five cents per day. (Code 1932, § 315;
Ords. Nov. 2, 1936, April 5, 1943.)

As to statutory provision for credit for good conduct, see § 5017 of
Michie's Virginia Code of 1942. As to credit on fine and costs, see §
2095 of Michie's Virginia Code of 1942.

Sec. 10. Work force — Establishment; control of city
manager.

A prisoners' work force shall be established in this city and
shall be under the direction and control of the city manager, subject
to such rules as may be prescribed by the council. The city
manager shall direct such work force or part thereof to be
worked, at such time and places as he may designate or as necessity
may require. (Code 1932, § 310; Ord. Nov. 2, 1936.)

For authority of city to establish chain gang, see § 3061 of Michie's
Virginia Code of 1942.


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Sec. 11. Same—Persons required to work.

Any male person over the age of eighteen years convicted of
a misdemeanor, or any offense, and sentenced to confinement in
jail as a punishment, or part punishment, or who is imprisoned
for failure to pay any fine or penalty, imposed upon or assessed
against him upon such conviction or for any violation of any ordinance
of this city which is punishable by fine and imprisonment
or for failure to give a bond required of him, shall be required
to work on said work force unless excused for cause by the city
manager. (Code 1932, § 311; Ord. Nov. 2, 1936.)

Sec. 12. Same—Foreman and assistant foreman—Appointment.


The city manager shall appoint a competent and efficient person
as foreman of the work force and when necessary shall appoint
another as assistant foreman. (Code 1932, § 312; Ord.
Nov. 2, 1936.)

Sec. 13. Same — Same — Powers and duties; removal
from office.

The foreman and assistant foreman of the work force are hereby
vested with all the powers and responsibilities of policemen,
and shall be under the control of the city manager and may be
suspended or removed from office by the city manager, without
formal proceedings, for any cause deemed sufficient by him.
(Code 1932, § 313; Ord. Nov. 2, 1936.)

Sec. 14. Same—Taking out prisoners to labor.

The foreman of the work force shall take out such prisoners
as may from time to time be delivered to him by the city sergeant
and shall require them to perform such labor as may previously
have been designated by the city manager. The foreman
shall treat such prisoners humanely, using at the same time, however,
all such measures as may be necessary to secure diligent
service on the part of the prisoners and to prevent their escape.
(Code 1932, § 314; Ord. Nov. 2, 1936.)


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Sec. 15. Same—Prisoners to obey orders and work each
day unless excused.

Each prisoner who is assigned to the work force shall obey
each and every proper order of the foreman or assistant foreman;
he shall perform such work as is required of him by the
officers in charge of said force; and shall work each day the force
is out unless excused by sickness or by the city manager. (Id.)

Sec. 16. Same—Punishment of prisoners.

The foreman of the work force shall not punish an offending
prisoner on any street or other public place, but shall return him
to the city jail, there to be dealt with as provided for in the following
paragraph; and the foreman may call upon the city sergeant,
or any member of the police force, for such assistance as
he may require in dealing with an obstreperous prisoner.

Should any prisoner or person assigned to work on said work
force disobey any proper order of the officers in charge of such
work force, or any rules and regulations of the council, he shall
be punished by said officers in charge by not less than fifteen nor
more than thirty-nine stripes or lashes in any one day. Such
punishment shall take place at the jail, or in lieu thereof, or in
addition thereto, such disobedience may be reported to the judge
committing such person to jail, who may add such additional
punishment as he may deem proper. (Id.)