Community service work seen as benefit for city, lawbreakers
"They have to request it and prove they're unable to afford to pay the fines." - Irvin Foytik, municipal judge
By BRENDA SOMMER bsommer@leader-news.com

El Campo city departments and nonprofit organizations benefit from hours of work put in by lawbreakers doing one form or another of community service. service.

Those arrested for misdemeanor crimes - minor drug, alcohol and traffic violations for the most part - can shave off up to half their sentences by performing work ranging from landscaping or painting curbs to washing city vehicles.

Some of those workers are sentenced to community service at area nonprofit organizations by Municipal Judge Irvin Foytik, who's served in that role for 30 years.

"They have to request it and prove they're unable to afford to pay the fines," Foytik said. "Most pay or make arrangements - a payment plan. Some are too young - you can't put a 13-year-old to work."

Foytik said those given community service don't serve that time by simply showing up at a nonprofit.

"We have to know legitimate work is performed," he said. "We are careful to send them where we know they'll do legitimate work."

Nonprofits organizations, such as the library, fire department and Boys & Girls Club request the services.

"We don't tell any nonprofit to take them," Foytik said. "They're the ones who've agreed to take them."

He said working off fines through community service through his court is not a courtesy extended easily.

"Community service here is actually a last resort - it's one very small part of the picture," he said. "They have to convince us they can't pay their fines. The work is just to repay society for the rules they've broken and gives the opportunity to be responsible for their actions."

Those who've ended up in city lockup have been sentenced there by Foytik or have warrants for failing to clear up matters with municipal court.

They are no longer eligible for community service at nonprofits through the court, but can shave their sentences in half by volunteering for work detail while incarcerated.

Arturo Debo worked for the state prison system for 12 years before becoming the jailer at municipal lockup last January. He said his prisoners receive $50 per day credit against their fines by spending time in jail, but receive $100 per day credit if they volunteer for work detail.

"If they choose not to work, it just doubles their days," Debo said. "Almost all of them agree to do it, although we had one last month. He's the only once since I started the job who said, 'No, I do not want to work.'"

On any given day, there are anywhere from one to 13 people on work detail, which lasts from four to six hours per day. Since the municipal lockup can only hold one female and four male prisoners at a time, many of those people are on "work release," meaning they spend the night at home and show up early to get to work.

"When we go over capacity, we let the ones who have been here a while go, to make room for the new ones," Debo said.

During the week, Debo sends the work detail off to do chores that have included picking up trash in city parks, trimming shrubs and even painting soccer goals.

"There's also every day tasks: cleaning jail cells, washing cars, and also jobs for charities," Debo said. The latter has included moving a piano for the Boys & Girls Club and moving a boxing ring for a nonprofit.

"I think it's a benefit to the city because it saves them money in the long run," Debo said. "It does help out."