Q Do inmates receive credit for work under Section 47-1-47(1) for days when work is unavailable or the inmate is unable to work, and who would calculate the amount of work performed and time previously served?

A Yes, the inmates still receive credit, and the sheriff calculates the amount of the credit. In a prior opinion, Attorney General’s Opinion to Thornton (May 29, 1998), the Attorney General stated that the inmate would receive a credit for each day worked or for each day the inmate is able and willing to work, even if the county fails to provide him or her with work. If an inmate is able to work but is unwilling to work while he is incarcerated, he does not receive the daily credit. Section 19-25-69 gives the sheriff authority over the courthouse, jail, and prisoners in said jail. Without a court order or agreement between the parties, the responsibility to calculate credit for work performed and time served would be with the sheriff. The sheriff is the entity monitoring the time worked, so it is incumbent on the sheriff to determine the status of the inmate’s sentence and credit. The sheriff’s decision could be reviewed by the courts or interested party. (Attorney General’s Opinion to Broom, July 31, 2015)