Corrections Community

I am consulting with a day reporting center that diverts drug offenders from the local jail in lieu of incarceration. As a condition of participation they must perform "community service" work as directed by the agency. The work force performs unskilled labor for area businesses and the agency is paid for the work performed by the probationers. The probationers are not compensated for their labor. The probationers are also required to pay a participation fee. Failure to participate in the community service can result in termination from the program (and incarceration). I think they are on thin ice with this but need to know the case law that applies. can you help?

We have a similiar program, however we compensate them at minimum wage (no money changes hands) and credit it towards fee's owed i.e.(treatment, Probation, PPS fee's, polygraph)