COMMUNITY SERVICE PROGRAM

Southaven Code of Ordinances tit. I, ch. 4, art. II

in effect

Southaven Code of Ordinances § 1-146 Established.

Sec. 1-146. - Established. There is hereby established the municipal court community service program pursuant to MCA 1972, §§ 21-23-1 et seq., 47-1-47 and 63-11-3 and related statutes. (Ord. No. 43, § I, 3-15-88; Ord. of 10-6-92, § I)

Southaven Code of Ordinances § 1-147 Implementation of provisions and guidelines; enforcement.

Sec. 1-147. - Implementation of provisions and guidelines; enforcement. The responsibility of carrying out the provisions and guidelines of the municipal court community service program shall be implemented by the mayor and board of aldermen through the municipal court and judge and the persons hereinafter named and vested with the charge, administration and custody of persons under the program. Enforcement power shall vest in the municipal court by contempt power or other measures under the law available to the court. (Ord. No. 43, § II, 3-15-88; Ord. of 10-6-92, § II)

Southaven Code of Ordinances § 1-148 Imposition of community service work in lieu of incarceration.

Sec. 1-148. - Imposition of community service work in lieu of incarceration. Upon conviction or by plea of guilty or nolo contendere to the municipal court, the court, where the objects of justice would be more likely met and when it is in the best interest of the city, may in its discretion sentence an offender as a condition of the suspension of sentence or the execution of sentence or any part thereof or as an alternative to imposition of fine and/or incarceration to a period of public service. Community service work shall be with any department or departments of the city as assigned by the court and under the supervision of the head of each applicable department. The sentence shall be specific as to the number of hours to be worked and shall be commensurate with the fine and/or imprisonment that would ordinarily have been imposed. A combination of fine and community service work may be ordered by the court. (Ord. No. 43, § III, 3-15-88; Ord. of 10-6-92, § III)

Southaven Code of Ordinances § 1-149 Satisfaction of fine, court costs through community service work.

Sec. 1-149. - Satisfaction of fine, court costs through community service work. In cases where the municipal court has imposed sentence of fine and payment of court costs therefor the municipal court may order the offender to satisfy the fine by performing community service work under the supervision of the head of each applicable department of the city, and approved by the court. The offender shall be credited toward satisfaction of his fine at a monetary rate per hour commensurate with the rate of the highest current federal minimum wage. (Ord. No. 43, § IV, 3-15-88; Ord. of 10-6-92, § IV; Amd. of 8-1-00)

Southaven Code of Ordinances § 1-150 Offenders may request placement in program.

Sec. 1-150. - Offenders may request placement in program. In cases where an offender is ordered to serve a sentence of incarceration, such offender may voluntarily request that the court place him in the program. The court in its discretion may so order, taking into consideration the nature of the offense, the public safety and welfare, the reasons for its original sentence of confinement and other factors thereof. (Ord. No. 43, § V, 3-15-88; Ord. of 10-6-92, § V)

Southaven Code of Ordinances § 1-151 Offenders financially unable to pay fine required to work in lieu of incarceration.

Sec. 1-151. - Offenders financially unable to pay fine required to work in lieu of incarceration. An offender shall not be incarcerated if the offender is financially unable to pay a fine and so states to the municipal court in writing, under oath, after sentence is pronounced, and the court so finds (except if the offender failed or refused to comply with a prior sentence pursuant to MCA 1972, § 99-19-20), but such an offender may be required to perform community service work as prescribed herein. (Ord. No. 43, § VI, 3-15-88; Ord. of 10-6-92, § VI)

Southaven Code of Ordinances § 1-152 Rules, regulations.

Sec. 1-152. - Rules, regulations. The municipal court shall furnish to each offender ordered under their supervision a copy of the rules and regulations of the community service program and shall instruct him regarding the same. (Ord. No. 43, § VII, 3-15-88; Ord. of 10-6-92, § VII)

Southaven Code of Ordinances § 1-153 Assignment, supervision of work; records, reports.

Sec. 1-153. - Assignment, supervision of work; records, reports. The respective department head shall be in charge of supervision of persons sentenced under this program and shall have custody and charge of any offender ordered by the court to perform community service work in that department while the offender is at work. Such supervisor shall determine what is to be done depending upon the needs of the city and the ability of the offender. Such supervisor shall provide supervision of the offender either in person or by his designee. He shall keep records of the offender's work and shall make such reports in writing as the court or the mayor and board of aldermen may require. Such executive shall report on a form provided by the court as to whether the performance of the offender is satisfactory or unsatisfactory. (Ord. No. 43, § VIII, 3-15-88; Ord. of 10-6-92, § VIII)

Southaven Code of Ordinances § 1-154 Hazardous work assignments prohibited; hours, weekend work.

Sec. 1-154. - Hazardous work assignments prohibited; hours, weekend work. Hazardous work shall not be assigned to offenders. An offender shall not be required to work in excess of the hours ordered by the court or in excess of the amount required for satisfaction of his fine. No offender shall be allowed to work more than eight (8) hours per day. Where appropriate and in the discretion of the municipal court, weekend community service may be ordered. (Ord. No. 43, § IX, 3-15-88; Ord. of 10-6-92, § IX; Amd. of 8-1-00)

Southaven Code of Ordinances § 1-155 Satisfactory performance required.

Sec. 1-155. - Satisfactory performance required. When assigned to perform community service work by the municipal court, the offender must report at the time and place ordered by the court and his supervisor and must render satisfactory full performance of the community service work assigned. If satisfactory performance of the community service work is not rendered, the offender may be charged with contempt of court and the original sentence may be imposed by the court. (Ord. No. 43, § X, 3-15-88; Ord. of 10-6-92, § X; Amd. of 8-1-00)

Southaven Code of Ordinances § 1-156 Workers on probation subject to conditions, requirements of court order.

Sec. 1-156. - Workers on probation subject to conditions, requirements of court order. Offenders ordered to perform community service under this article shall be on probation with the municipal court and subject to the conditions and requirements set forth by the municipal court in its order. (Ord. No. 43, § XI, 3-15-88; Ord. of 10-6-92, § XI)

Southaven Code of Ordinances § 1-157 Execution of forms; records.

Sec. 1-157. - Execution of forms; records. Appropriate and approved forms shall be executed by the municipal judge, the offenders and the administrator of the community service program, and they shall be filed with the records of the case. The municipal court clerk shall keep a record of the satisfaction of fines under this article and make it a part of the permanent records of the municipal court. (Ord. No. 43, § XII, 3-15-88; Ord. of 10-6-92, § XII)

Southaven Code of Ordinances § 1-158 Article provisions deemed general guidelines; amendment.

Sec. 1-158. - Article provisions deemed general guidelines; amendment. This article shall be filed with the city clerk for public record as general written guidelines for the program but is not intended to be all inclusive and may be amended by the court or by the mayor and board of aldermen. (Ord. No. 43, § XIII, 3-15-88; Ord. of 10-6-92, § XIII; Amd. of 8-1-00)

Southaven Code of Ordinances § 1-159 Provisions deemed supplemental.

Sec. 1-159. - Provisions deemed supplemental. This article shall be in addition and supplementary to other resolutions which are not in conflict herewith. (Ord. No. 43, § XIV, 3-15-88; Ord. of 10-6-92, § XIV)

Source: City of Southaven, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/southaven/codes/code_of_ordinances?nodeId=CO_TITIAD_CH4MUCO_ARTIICOSEPRFetched: 11/1/2026