1983-048 - Laserfiche WebLink

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1 f outstanding service to the jail meriting special award. The recommendation from the warden including a written explanation of the deed or service performed and the amount of gain time to be credited shall be submitted to the Sheriff who may recommend approval or disapproval of the award in whole or part. Any decision awarding special gain time shall be made upon the recommendation of the Sheriff by the Board of County Commissioners. VI. Withholding or forfeiture of gain time. 1. Earned gain time a) Without hearing -- An inmate who is convicted of a crime which occurred while in the custody of the Sheriff's Department shall have all gain time earned prior to the act constituting the crime forfeited by the Sheriff's Department without prior notice or hearing. b) After hearing -- An inmate who (1) violates any penal law of this state, or any rule of the Sheriff's Department or jail, (2) threatens or knowingly endangers the life or physical well-being of another, (3) refuses in any way to carry out or obey lawful instructions or, (4) neglects to perform the work, duties and tasks assigned in a faithful, diligent, industrious, orderly and peaceful manner, may have all or part of the gain time earned forfeited after prior notice and a hearing. The Sheriff's Department will establish guidelines for the conduct of hearings provided by this section. All such hearings shall be before an impartial tribunal, provide for prior notice to the inmate, shall provide the inmate with due process and shall be recorded. The recommendation of the hearing body shall be forwarded for action to the Board of County Commissioners. 2. Unearned gain time. Unearned gain time, that is, the right to earn gain time in the future, may be forfeited, under the same procedure as set forth in VI. 1. (b). -4-