Loading...
HomeMy WebLinkAbout1991-014W 1/30/91(Reso3)Legal(Vk)GCW RESOLUTION NO. 91-_14 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR GAIN -TIME FOR GOOD CONDUCT FOR COUNTY PRISONERS; REPEALING RESOLUTION NO. 89-59. WHEREAS, f.s. 951.21, Florida Statutes, provides that the Board of County Commissioners shall grant deductions from their sentences for County prisoners who commit no Infraction of jail rules and who are not charged with misconduct; and WHEREAS, upon recommendation of the Sheriff, the Board of County Commissioners is also authorized to adopt a Policy allowing County prisoners extra gain -time for meritorious conduct or exceptional industry; and WHEREAS, the Sheriff has requested that extra gain -time be granted for exceptional industry, constructive exceptional industry,and meritorious conduct, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Adoption—of State Mandated Gain -Time Policy. Pursuant to 4951.21, Florida Statutes, the Board of County Commissioners of Indian River County hereby commutes the time to be served by County prisoners for good conduct with the following deductions being made from the term of sentence when no charge of misconduct has been sustained against the County prisoner: A. Five days per month for the first and second years of the sentence; B. Ten days per month off the third and fourth years of the sentence; and C. Fifteen days per month off the fifth and all succeeding years of the sentence. 1 y5, i` Resolution No. Ot_1d 2. Exceptional Industry Galn Time. In addition to the time credits otherwise earned, `t the County hereby commutes the time t0 be served by County prisoners who participate in an authorized work program b established by the Sheriff when no charge of misconduct has been sustained against the prisoner. Each prisoner who participates in an authorized work program will be graded �''.. based upon the following attributes: quality, quantity, c, diligence, and skill required and will receive gain -time credits based upon an overall performance evaluation as follows: F A. Unsatisfactory -- 0 days; B. Satisfactory -- 1/5 day gain -time for each day of work; 3. Constructive Exceptional Industry Gain Time. Prisoners who, because of age, illness, infirmity, or confinement for reasons other than discipline, do not participate in an authorized work program, but who demonstrate a constructive use of time, may be granted additional gain -time allowances at the same rate for exceptional Industry gain -time in paragraph 112. A prisoner may not be credited with both constructive exceptional industry gain -time and exceptional industry gain -time for the same month. The award of such constructive exceptional Industry gain -time shall be made by the Sheriff based upon a consideration of the inmate's conduct, adjustment, effort, conscientiousness, sincerity, and similar attributes, and i the kinds and appropriateness of activities in which the prisoner engages. 4. Meritorious Conduct Gain Time. ------------ A prisoner who does some outstanding deed, or who performs an outstanding service meriting additional deductions from the term of his sentence, may be granted meritorious gain -time. 2 t Resolution No. Ig The Sheriff may grant a meritorious galn-time award for a prisoner who has t A. performed an outstanding deed such as ' saving a life, protecting an officer, or nl aiding and capturing an escapee; B. provided information that assisted the Sheriff in preventing the introduction of az.,e r contraband or in deleting other violations kl;i of law or rules of the correctional ll" . facility; } C. performed outstanding service to the jail Z;s meriting special award at one time or another over a period of time. 1z 5. Miscellaneous Rules for Alt Gain -Time. f A, Application of deduction credit. Where -- _- I y;. ` no charge of misconduct is sustained against the prisoner, f.. the deductions provided by the resolution shall be deemed earned and the prisoner shall be entitled to a credit for a i month as soon as the prisoner has served such time as, when i, added to the deductions allowable, will equal a month, B. A licat1on of deduction credit for ��----- —---------- ----------- sentence of less than one month. If a Count --- ------ — ---- Y prisoner i s sentenced to less than one month, the prisoner shall be entitled to gain -time on a pro -rata basis, and the time shall be deemed earned and the prisoner will be entitled to the credit as soon as the prisoner has served such time as, when added to the deduction available, will equal the term of his sentence. Any calculation of basic gain -time for a partial month shall be pro -rated on the basis of a thirty -day month. C. Gain-time-prior-to--sent--cCounty prisoners shall receive gain -time for time served in the County Detention Center prior to the date sentence Is 3 Resolution No. Imposed, providing that the prisoner is otherwise entitled to gain -time under the provisions of this resolution. Such gain -time shall be credited retroactively at the time of sentencing. 6. Forfeiture of Cain -Time. A. Earned-timegain. Earned gain -time may be forfeited as follows N 1. Without hearing -- a prisoner who is convicted of a crime which occurred while in the custody of the Sheriff shall have all gain -time earned prior to the act constituting the crime forfeited by the Sheriff without prior notice of hearing. 2. With hearing -- a prisoner may have all or part of the gain -time earned forfeited after prior notice and a hearing if the prisoner: (a) violates any penal law of this State, or any rule of the Department of Detention, (b) threatens or knowingly endangers the life or physical well-being of another, or (c) refuses in any way to carry out or obey lawful instructions. B. 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 6-A-2 above. 7. Repeal_of_Prior_Policv. Resolution No. 89-59 and any other inconsistent resolutions are hereby repealed. 4 Resolution No. .9i—H—"-- The foregoing resolution was offered by Commissioner ,r o k who moved Its adoption. The motion Was seconded by Commissioner _ kQka&j _ and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this _jjh day of _FBhru3r4, 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA • By i� c a� it airman ATTEST: B Y Je rton, er —,eA-j 5 Indra Pover ca AVpreved Oate Admin Legal / 34 Budge) J 0ea. A Risk Mgr.