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Home My WebLink About1989-059 4/19/89(SPB02)LEGAL(WGC/nhm) 'JUN 1989 . BOO' f r BOOP ''lio24 RESOLUTION NO. 89- 59 A RESOLUTION OF INDIAN RIVER COUNTY, • FLORIDA, PROVIDING FOR A STATUTORY GOOD CONDUCT GAIN-TIME, WORK GAIN-TIME, CONSTRUCTIVE GAIN-TIME, EXTRA GAIN-TIME, AND SPECIAL GAIN-TIME, AND REPEALING RESOLUTION NO. 83-48 AS AMENDED BY RESOLUTION NO. 85-41 (a). WHEREAS, Florida Statutes Section 951 .21 provides that the Board of County Commissioners shall grant County prisoners who commit no infraction of jail rules and who are not charged with misconduct gain-time deductions from their sentences; and WHEREAS, the Board of County Commissioners is also authorized, upon recommendation of the Sheriff to adopt a policy to allow County prisoners, in addition to time credits, an extra good time allowance; and WHEREAS, the Court Facilities Committee of Indian River County has reviewed the County's previous policy and recommends that the Board of County Commissioners adopt a new policy allowing prisoners to use the maximum benefits allowable, while weighing certain factors, including jail capacity, in determining whether to grant discretionary gain-time; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1 . Repeal of prior policy. Resolution No. 83-48 as amended by Resolution No. 85-41 (a) and any other inconsistent resolutions are hereby repealed. 2. Adoption of gain-time policy. . The Board of County Commissioners of Indian River County, pursuant to Florida Statutes Section 951 .21 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: 1 RESOLUTION NO 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. 3. Application of deduction credit. Where no charge of misconduct is sustained against the County prisoner, the deduction provided by section 2 shall be deemed earned and the prisoner shall be entitled to a credit for a month as soon as the prisoner has served such time as, when added to the deductions allowable, will equal a month. 4. Application of deduction credit for sentence of less than one month. If a County prisoner is 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. 5. Gain-time prior to sentencing. County prisoners shall receive gain-time for time served in the County Detention Center prior to the date sentence is 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. Gain-time for partial month. Any calculation of basic gain-time for a partial month shall be pro-rated on the basis of a thirty-day month. 7. Credit for job performance in work program. In addition to the time credits otherwise earned, the County hereby commutes the time to be served by County prisoners who participate in an authorized work program established by the Sheriff when no charge of misconduct has been sustained 2 ��x 76 i ..i10`� En JUS m �9�� RESOLUTION NO. 89- , JUN 6 1989 MOK against the prisoner according to the following schedule: each inmate who participates in an authorized work program will be graded separately based upon the following attributes; quality, quantity, diligence, and skill required. Each attribute shall be rated either unsatisfactory, satisfactory, above satisfactory, or outstanding. Based on the rating of the four attributes, an overall performance rating shall be assigned to the inmate's job performance. Gain-time for work shall be based upon overall performance in the following proportions: 1 . Unsatisfactory -- 0 days; 2. Satisfactory -- 3/4 day gain-time for each day of work; 3. Above satisfactory -- 1 day gain-time for each day of work; and 4. Outstanding -- 1 1 /2 days of gain-time for each day of work. 8. Application of earned deductions. Where no charge of misconduct is sustained against the County prisoner, the deductions provided by section 7 shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to all the deductions allowable, will equal a month, or, if sentenced to less than a month, when the prisoner has served such time as, when added to all deductions allowable, will equal the term of his sentence. 9. Constructive gain-time. For inmates 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 up to a maximum of six days constructive gain-time per month. An inmate may not be credited with both constructive gain-time and work gain-time for the same month. ..................... RESOLUTION 011111 10. Criteria for gain-time award. Recommendations for the award of such gain-time shall be made by the Director of Corrections based upon a consideration of the inmate's conduct, adjustment, effort, conscientiousness, sincerity, and similar attributes, and the kinds and appropriateness of activities. Such recommendations shall be forwarded to the Sheriff for his review and approval or disapproval , after considering, among other criteria, the current permitted capacity of the correctional facilities. 11 . Amount of Extra gain-time. Inmates who faithfully perform assignments in a conscientious manner over and above what is normally expected, who have not been found guilty of a disciplinary violation for six consecutive months, and whose conduct, personal adjustment, and individual effort towards rehabilitation show a desire to be better than the average inmate, may be granted a maximum of six days extra gain-time per month or proportionate lesser amounts for parts of a month. An inmate who earns work gain-time may also be eligible for extra gain-time. 12. Criteria for extra gain-time. Recommendations for the award of such extra gain-time shall be made by the Director of Corrections based upon consideration of the inmate's conduct, adjustment, effort, and conscientiousness, the kinds and appropriateness of activities, and sincerity and similar attributes. Such recommendations shall be forwarded to the Sheriff for his approval or disapproval , after considering, among other criteria, the current permitted capacity of the correctional facilities. 13. Special gain-time eligibility. An inmate who does some outstanding deed, or who performs an outstanding service meriting additional deductions from the term of his sentence, may be granted special gain-time. .J Ur' 3 19$9 4 my 76 (:;,1.027 ' RESOLUTION NO. 89- JUN 199 poor D,11.0 14. Criteria and award for special gain-time. The Director of Corrections may recommend a special gain-time award for an individual who has: A. performed an outstanding deed such as saving a life, protecting an officer, or aiding and capturing an escapee; B. provided information that assisted the Sheriff in preventing the introduction of contraband or other violations of law or rules of the correctional facility; C. at one time or over a period of time performed outstanding service to the jail meriting special award. The recommendation from the Director of Corrections, a written explanation of the deed or service performed, and the amount of special gain-time to be credited shall be submitted to the Sheriff who may approve or disapprove of the award in whole or part. Any decision awarding special gain-time shall consider, among other criteria, the current permitted capacity of the correctional facilities. 15. Withholding or forfeiture of gain-time. A. Earned gain-time. 1 . Without hearing -- an inmate 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. After hearing -- an inmate may have all or part of the gain-time earned forfeited after prior notice and a hearing if he: (a) violates any penal law of this State, or any rule of the 5 RESOLUTION NOIII/I S9 Department of Detention, (b) threatens or knowingly endangers the life or physical well-being of another, (c) refuses in any way to carry out or obey lawful instructions, or (d) neglects to perform the work, duties and tasks assigned in a faithful , diligent, industrious, orderly and peaceful manner. 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 15A2 above. 16. Relationship between discretionary gain-time and permitted capacity of correctional facilities. It shall be the policy of the County that whenever the award of gain-time by the Sheriff is discretionary, the Sheriff shall consider the population of the correctional facilities and use gain-time as one tool to keep the Inmate population within the permitted capacity of the facilities. Likewise, if the population of the correctional facilities is within its permitted capacity, it shall be the policy of the County to restrict the use of discretionary gain-time awards when this restriction would not be against the public interest. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye 6 'JUN 61989 ROOK t 6 f.,11029 RESOLUTION NO. 89- 59 The Chairman thereupon declared the resolution duly passed and adopted this 6th_ day of _ June , 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By • ....r Gary 17`t ee er, Fia i rman ATTEST: �{ BY II/ �• . Barton, Clerk E �; �