(a) Notwithstanding any provisions of any Charter provision, ordinance, or state law to the contrary, the municipal judge for the City of Clarksburg, who presides of the municipal court of the City of Clarksburg, may substitute in lieu of the imposition of a sentence of incarceration or imposition of a fine community service work for such incarceration or fine. Where community work is ordered as a substitute of incarceration, an eight-hour work day shall extinguish one day of any sentence of incarceration. Where community service work is ordered as a substitute for a fine, the prevailing federal minimum wage in effect at the time of sentencing shall be used to compute the hours of community service work necessary to extinguish the fine. In the discretion of the court, the sentence credits may run concurrently or consecutively.
(b) If approved by the court, any community service ordered pursuant to the provisions of this section shall be performed in the City of Clarksburg, and may be performed for the City of Clarksburg or for any other public entity or non-profit organization providing services that benefit the public and the City of Clarksburg.
(c) Persons sentenced under the provisions of this section remain under the jurisdiction of the municipal court. The court may withdraw the community service sentence at any time, with or without notice, and order a person previously sentenced to community service to serve the term of incarceration or to pay the fine available to the court upon the person’s conviction; provided, the any community service work performed before the community service sentence is withdrawn shall be credited against any term of incarceration or fine imposed. (Ord. 19-14. Passed 10-17-19.)