HomeMy WebLinkAbout1989-157•
12/13/89(LEC,AL)Reso2(Vk)
RESOLUTION NO, 89- 157
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS, TO THE FLORIDA
ASSOCIATION OF COUNTIES IN SUPPORT OF
A LAWSUIT FILED IN THE SECOND JUDICIAL
CIRCUIT ON BEHALF OF THE SHERIFFS OF 56
FLORIDA COUNTIES ASKING FOR A DECLAR-
ATION THAT EARLY RELEASE PROVISIONS OF
FLORIDA LAW ARE UNCONSTITUTIONAL.
WHEREAS, the counties in Florida, and the state of
Florida itself, are experiencing a severe overpopulation of
prisoners caused by both rising crime related to drugs and
by insufficient funding of prison and jail construction; and
WHEREAS, as a result of this overcrowding the state has
enacted various and several provisions of state law which
authorize early release of prisoners under certain
conditions; and
WHEREAS, these early release provisions have lead to a
"revolving -door" system of justice in which prisoners, if
they serve any time at all, serve only a small fraction of
the time which they should as punishment for the crimes they
have committed; and
WHEREAS, this system creates a lack of respect for law
and endangers the public health, safety, and welfare by
letting people who should be in Jail back on the streets
where they will have additional opportunities to harm the
public; and
WHEREAS, the sheriffs of 56 counties in Florida believe
that the Constitution of the State of Florida prohibits the
enactment of these early release provisions by the Florida
Legislature; and
WHEREAS, Indian River County agrees with the sheriffs
and would strongly urge that additional prisons he built at
the state level so that dangerous criminals will not be
turned loose to terrorize the citizens of Indian River
County and the state,
NOW, THEREFORE, BE IT RESOLVED BY TETE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board respectfully requests the Florida Association of
Counties to lend its support to the lawsuit attached to this
resolution filed on behalf of 56 sheriffs of the state of
Florida.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded by Commissioner
Egg_ertand, upon being put to a vote, the vote
was as follows:
I7
IN'E13E CIRCUIT COURTOF THE;
SECOND JUDICIAL CIRCUIT, IN
AND FOR LXON COUNTY, FLORIDA'
CHARLES B. WELLS, JOHN MCDOUGALL.
JAMES hl. FLOYD, DOYLE W. BRYAN,
KENNF:'f l E:THERIDGE, LAWRENCE H.
CROW, JR., LAWRENCE E. ELLIS,
O. L. RAULERSON, NEIL PERRY,
JOHN WESLEY WALKER, CHARLES S. DEAN,
DON HUNTER, TAYLOR DOUGLAS,
J. ALLISON DEFOOR IB, JON LANE,
TED GLASS, DON MORELAND,
GEOFFREY MONGE, GEORGE E. KNUPP, JR.,
JOHN P. MCDANIEI„ C. DALTON BRAY,
HOWARD GODWIN, XERRY WH1TEHF.AD,
J. HARRELL REB), WARREN RODDENBERRY.
QUINN A. MCMILI.IAAN, CHARDS J.'SCHRAMM,
AL HARRISON, EARL S. DYESS, JR..
JOE C. PEAVY, JOHN H. BRAXTON,
JAMES L. ADAMS, JR., FRED PEEL,
WILLIAM C."DUES° TOWNSEND,
WILLIAM G. SMITH. ROBERT LEONARD,
GUY M. TUNNELL, JIM MCMILLAN,
W. A. wOODHAM, L.1. "LU" HINDERY, "
WALT GALLAGHER, SAMMY WOODAL.L,
NICK NAVARRO, THOMAS S. "TOM" TRAMEL., III,
JAMES D. HOLT, ROBERT C. KNOWLES,
R. T. "TIM" L'OBECK, EVERETT RICE, JOHN E. POLK,
RICHARD WORCH, TOM MYLANDER, JIM GILLUM,
CHARLIE JOHNSON, JOE VARNADORE,
WALTER C. HEINRICH, C. W, "JAKE" MfLJX-R,
as Sheriffs of their respective
counties, and as residents and taxpayers of their
respective counties,
CASE NO: 89 -
Plaintiffs, FL BAR ID NO: 199737
FL BAR ID NO: 268895
VS.
RICILARDL. DUGGER, Secretary of
the Departttvnt of Corrxtions,
Defendant.
COMPLAINT
1. '11" is art action for declaratory judgment pursusttt to Chapter 86, Florida
Statutes challenging the constitutionality of specific provisions of lana authorizing the
Deparmwnt of Corrections or the Secretary of the Department of Corrections to grant gain -
dim and provisional release credits to prisoners lawfully sentenced to the state penitentiary.
2. (a) Plaintiff Charles B. Wells is the duly elected and serving Sheriff of
Manatee County. He is a resident and taxpayer of Manatee County
(b) Plaintiff John McDougall is the duly elected and serving Sheriff of Lee
County. He is a msident and taxpayer of Lee County.
40
•o
(c) Plaintiff latus 11. Floyd is the duly elected and serving Sheriff of Gilchrist
County, lie is a resident and taxpayer of Gilchrist County.
(d) Plaintiff Doyle W. Bryan is the duly elected and serving Sheriff of Henke
County. He is a resident aixl taxpayer of Hardee County.
(e) Plaintiff Kenneth Etheridge is the duly elected and serving Sheriff of
Bradford k F a resident and taxpayer of Bradford County.
(f) Plaintiff i4wrmce H. Cmw, Jr., is the drily elected trtd serving Sheriff of
Heisaresi f IA)=OfPQ&Cotinty.
($) Plaintiff Lawrence E. Ellis is the duly elected and serving Sheriff of Nassau
County. He is a resident and taxpayer of Nassau County.
(h) Plaintiff O. L. Raulerson is the duly elected and serving Sheriff of
Okeechobee County. lie is a resident and taxpayer of Okeechobee County.
(i) Plaintiff Neil Perry is the duly elected and serving Sheriff of St. Johns
County. He is a resident and taxpayer of St. Johns County.
0) Plaintiff John Wesley Walker is the duly elected and serving Sheriff of
Taylor County, J It is a resident and taxpayer of Taylor County.
i ilaintiff Charles S. Dean is the duly elected and saying Sheriff of Carus
County. He is a resident and taxpayer of Citrus County.
(1) Plaintiff Don Hunter is the duly elected and serving Sheriff of Collier
County. He is a resident acid taxpayer of Collier County.
(m) Plaintiff Taylor Douglas is the duly elected and serving Sheriff of Putnam
County. He is a resident and taxpayer of Putnam County.
(n) Plaintiff 1, Allison DeFoor, Bl, is the duly elected and serving Sheriff of
Moruoe County. He is a resident and taxpayer of Monroe County.
(o) Plaintiff Jon lane is the duly elected and strving Sheriff of Osceola
County. He is a resident and taxpayer of Osceola County.
(p) Plaintiff Ted Glass is the duly elected and serving Sheriff of Levy County.
Fie is t resident and taxpayer of Levy County.
(q) Plaintiff Don Moreland is the duly elected aril saving Sheriff of Marion
County. He is a resident mid taxpayer of Marion County.
(r) Plaintiff Geoffrey Monge is the duly elected and serving Sheriff of Sarasota
County. He is a resident and taxpayer of Sarasota County.
(s) Plaintiff George E. Knupp, Jr., is the duly elected and serving Sheriff of
Lake County. Ile is a resident and taxpayer of Lake County.
2
•
r,
cam ,
(t) Plaintiff John P. McDaniel is the duly elected and serving Sheriff of Jackson
County. fie is a resident and taxpayer of Jackson County.
(u) Plaintiff Dalton Bray is the duly elected and serving Sheriff of Clay
County. He is a resident and taxpayer of Clay County.
(v) Plaintiff }coward Godwin is the duly elected and serving Sheriff of
Highlands County. He is a resident and taxpayVjQQY4Waj%ds County.
(w), " tiffJetty Whitehead is the duly elected and s&ving Shriff of Union
County. He is a resident and taxpayer of Union County. 4
(x) Plaintiff 1. Harrell Reid is the duly elected and serving Sheriff of Hamilton
County. fie is a resident and taxpayer of Harnihcm County.
(y) Plaintiff Warren Roddenberry is Use duly elected seed serving Sheriff of
Franklin County. He is a resident and taxpayer of Franklin County.
(z) Plaaintiff Quutn A. McMillian is the duly elected and serving Sheriff of
Walton County. He is a resident and taxpayer of Walton County.
(aa) Plaintiff Charles J. Schramm is the duly elected and serving Sheriff of
Glades County. He is a resident and taxpayer of Grades County.
kt�,G)P"tiff Al Harrison is the duly elected and serving Sheriff of Gulf
County. He is a resident and taxpayer of Gulf County.
(cc) Plaintiff Earl S. Dyess, Jr., is the duly elected and serving Sheriff of
Hendry County. He is a resident and taxpayer of Hendry County.
(dd) Plaintiff Joe Peavy is tete duty elected and serving Sheriff of Madison
County. He is it resident and taxpayer of Madison County.
(ee) Plaintiff John H. Braxton is die duly elected and serving Sheriff of I lolmcs
County. He is a resident and taxpayer of Icolmes County.
M) Plaintiff James L. Adams, Jr., is the duly elected and serving Sheriff of
Sumter County, Ile is a resident and taxpayer of Sumter County.
(gg) Plaintiff Fred Peel is the duly elected and serving Sheriff of Washington
County. He is a resident and taxpayer of Washington County,
(hh) Plaintiff William C. "Dub" Townsend is the duly elected and serving
Sheriff of Lafayette County. He is a resident and taxpayer of tafayette County.
(i)) Plaintiff William G. Smith is tete duly elected and serving Shetiffof
Calhoon County. lie is a resident and taxpayer of Calhoun County.
(jj) Plaintiff Robert Leonard is the duly elected and serving Sheriff of Suwannee
County. He is a resident and taxpayer of Suwannee County.
3
41�1
(kk) Plaintiff Guy M. l'unnell is the duly elected and serving Sheriff of Bay
County. He is a resident and taxpayer of Bay County,
(11) Plaintiff Jim McMillan is die duly elected and serving Sheriff of Duval
County. He is a resident and taxpayer of Duval County.
(mm) Plaintiff W. A. Woodlutm is the duly elected and serving Sheriff of
Gadsden County. He is a resident and taxpayer of Gadsden County.
(nn) Plointiff L J. "Lu" Hindery is the duly elected and serving Sheriff of
Alachua County. Ho is a resident tmd uotpayetr of Alachua County,
(00) plainciff Wall Gallagher is the duly elected and serving Sheriff Of OW-ge
County. He is a resident and taxpayer of Orange County.
(pp; phds ;ciff S&n-dny Wo
odall is the duly appointed and serving Sheriff Of
Dixie County. He is a resident and taxpayer of Nxic County.
(qq) Plaintiff Nick Navarro is the duly elected and scMnii Shaiffof,Uroward
County. He is a resident and taxpayer of [froward County.
(ff) pfa miff lUmss S. "Tom" Trarnel. III is the duly elected and serving
Sheriff of Columt aCounty. He is a resident and taxpayer of Columbia County.
(ss) Plaintiff James D. Holt, is the duly4,kapd4wd serving Sheriff of Martin
County. He is a re.;dcnt and taxpayer of Martin County.
(tt) Plaintiff Robert C. Knowles is the duly elected and serving Shviff of SL
Lucie County. He is a resident and taxpayer of St. Lucie County.
(uu) Plaintiff R. T. "'rim" Dob,-ck is the duly elected and serving Sheriff of
Indian River County. lie is a resident and taxpayer of Indian River County.
(vv) Plaintiff Everett Rice is the duly elected and serving Sheriff of Pinellas
County. lie is a resident and taxpayer of Pinellas County.
(ww) Plaintiff john E. Polk is the duly elected and serving Sheriff of Seminole
County. He is a resident and taxpayer of Seminole County-
(xx) Plaintiff Richard Worch is the duly elected and serving Sheriff of Charlotte
County. 111r, is a resident and taxpayer of Charlotte County.
(yy) Plaintiff Toni Mylander is the duly elected and serving Sheriff of I lemando
County. lie is a resident and taxpayer of Hernando County.
(zz) Plaintiff lint Gillum is the duly elected and sewing Sheriff of Pasco
County. He is a resident and taxpayer of Pasco County.
(ata) Plaintiff Charlie Johnson is the duly elected and serving Sheriff of
Escambia County, lie is a resident and taxpayer of I'scarribia County.
I]
•
i
T` -.I., . , n
(bhb) Plaintiff Joe Varnadore is the duly elected and serving Sheriff of Desoto
County. Ile is a resident and taxpayer of DeSoto County.
(ecc) Plaintiff Walter C. Heinrich is the duly elected and serving Sheriff of
Hillsborough County. tic is a resident and taxpayer of Ftillshorough County.
(ddd) Plaintiff C. W. "Jake" Miller is the duly elected and serving Sheriff of
Brevard County. lie is a resident and taxpayer of BmvaM County.
3. hot stiff Sheriff is conwvatorof the peace in his respccp`ve County and
is authorized to mike arrests. Each Plaintiff Sheriff has gpainrod ttumerrottsdeputies who
have the sante power of due Sheriff as conservators of the peace.
A. Several Plaintiff sheriffs have been designated the chief correctional officer
of the county correctional system and is responsible for the operation and maintenance of
the county correctional system in their respective counties.
_..„ 1. Defendant Richard I- slugger is the SccreWY of the Deparurtent of
Corrections. As Secretary of the i>epiumttent of Corrections, he is the chief administrative
officer of the Department with authority and responsibility to plan, direct, coualinate, and
execute tic—powers. duties, and respomibilit%s assigned to the Departn>cnL
6. Pursuant to Atticle IV, Scction 8(a). Florida Cons6ttuion, except in cases o:
treason and in cases where impeachment results in conviction, the Govemor, with the
approval of three members of the Cabinet, has sole, unrestricted, unlimited and exclusive
power to grant full or conditional pardons, restore civil rights, commute punishment, and
remit fines and forfeitures for offenses.
7. Pursuant to Article IV, Section 8(c) Florida Constitution, the Legislature has
created a Parole and Probation Commission with the power to supervise persons on
probation and to grant paroles or conditional releases to persons convicted of crime.
8. Section 944.272(4)(a), Florida Statutes, audiorizcs the Npanment of
Corrections to grant deductions from sentences lawfully imposed on prisoners in the font
of "basic gain -time" at a rate of 10 days for each month of sentence imposed on a pri..oncr.
9. Section 944.272(4)(b), Florida Statutes, authorizes the Department of
CorTcctions to grant deductions from sentences lawfully imposed on prisoners.in the funn
of 'incentive gain -time" of up to 20 days for each month in which a prisoner works
diligently, participates in training, uses time constructively, or otherwise engages in
positive activities.
10. Section 944.272(4)(c), Florida Statutes, authorizes the Department of
Corrections to grant deductions front sentences lawfully imposed on prisoners in the form
of "meritorious gain -tint" of from I to 60 days.
5
i
•
11. Section 944.277, Florida Statutes, 1988 Supplement, authorizes and directs
the Sm. etary of the Department of Corrections to grant deductions from sentences lawfully
imposed on prisoners in the form of "provisional release credits" who are eaming incentive
gain -time, with certain exceptions, in increments not to exceed 60 days. the authority of
the Secretary of the Department of (erections to award "provisional release credits" in
increments not to exceed 60 days continues un61 the inniate population of the state
corrmctaotud symm re hes 97 ptt a of lawful capacity.
12. Secdw 944.277(5) - (7), Florida Statutes, 1988 Supplement.,aAborizes .
and directs that any prisoner who receives 30 or more days of provisional credits must be
released into the "provisional release supervision program", subject to terms and conditions
imposed by die Department of Corrections, subject to supervision by the Depamnxnt of y`
Corrections, turd subject to temunation and return to prison by the Department of
Corrections.
13. Section 944.598(2), 1988 Supplement, authorizes and directs that sentences
of all inmates in rte state correctional system who are eligible to earn "gam -time" shall be
reduced by "emergency gain -time" by the credit of up to 30 days gain-tinx, in 5 -day
increments as may be necessary to miuca the inmzU morulation of the ii",W=tional
system to 98 percent of lawful capacity,
14. Section 944.598(3), Florida Statutes, authorizes and directs the Secretary of
the Department of Corrections, to terminate the incarceration of any prisoner serving a
sentence of 3 years or less, unless sentenced pursuant to Sections 775.087 or 893.135,
Florida Statutes, who arc within the last 60 days prior to release by parole, gain -time, or
expiration of sentence- 7lx Secretary of ttte Department of Corrections is empowered to
grant credit for time served in 5 -day increments to all prisoners eligible in this category.
15. By operation of these herein referenced statutes relating to gain -time and
provisional release credits, the Department of Cormcdons or the Secretary of the
Department of Corrections have .omim uW the sentences of thousands of prisoners
lawfully sentenced to the state penitentiary.
16. Of those prisoners whose sentences have been commuted by the
Department of Corr Dons or the Secretary of the Department of Corrections and released
from custody, thousands have been amstcd for criminal acts committed during the period
of time such prisoners still would have been in prison.
17 Upon arrest, such prisoners have been incarcerated in various county
detention facilities. Because such prisoners, in many instances pose a continuing risk to
the community, they are detained in county detention facilities pending trial. "this detention
6
has contributed to allegations and charges of overcrowding of various county ticiention
facilities.
18. The Department of Corrections is autlunriz d and directed, pursuant to
Section 951.23(6), Florida Statutes, to seek injunctions against the chief correctional
officer of the county correctional system for failure to comply with adoptcd rules and
regulations pr, scribing minimum standards and iequi ements for the operation and
train o lezndt ,tidos, including standards and mquiremennts rotating to
evoz=wdins.
19. The Depatnwnt of Corrections has instituted actions against several of the
Plaintiff Sheriffs for alleged overcrowding, caused in part by the commutation of the
sentences of thousands of prisoners by the Department of Corrections or the Secretary of
the Department of Corrections.
20. As a result of various legal actions institutes by die Departnxnt of
Corrections, residents and taxpayers of several counties have incurred additional ad
valorem tax obligations and/or additkmal sales tax obligations to expand county qtri;4�4atnal
facilities to comply with state -mandated requirements.
21.Opptradon and effect of the herein referenced statutes relating to gain-timc
and provisional release credits have had it tangible and continuing effect upon each of die
Plaintiff Sheriffs with respect to the exercise of their responsibilities as Sheriff of their
respective counties, as chief correctional officer of the county correctional system for their
respective cocities, and as a resident and taxpayer of their respective countics..
22. The provisions of the herein referenced statutes relating to gain-timc and
provisional release credits are unconstitutional under Article IV, Section 8(a), Florida
Constitution, and Article IV, Section 8(c), Florida Constitution.
23. Each Plaintiff, as Sheriff of their respective counties, is uncertain and in
doubt as to the effect of the herein referenced statutes relating to gaimtinne and provisional
release credits upon his rights, hrmunities, powers and privileges. Therefore, Plaintiffs
seek a declaratory judgment adjudicating and dctemuni,g such rights, immunities, powers
and privileges.
WHEREFORE, the Plaintiff Sheriffs pray that the Court:
1. Declare that Sections 944.275(4)(a), 944.274(4)(b), and 944.274(4)(c),
Florida Statutes, and Sections 944.277, 944.598(2), and 944.598(3), Florida Statutes,
insofar as they authorize die Department of Cortrzoons or tote Secretary of the Dcpa inxnt
7