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HomeMy WebLinkAbout1982-107RESOLUTION NO. 82-107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR GAINTIME AND EXTRA GOODTIME FOR COUNTY PRISONERS. WHEREAS, Florida Statutes §951.21 (1) 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 gaintime deductions from their sentences, and WHEREAS, the Board of County Commissioners is also authorized, upon the recommendation of the warden or sheriff to adopt a policy to allow County prisoners, in addition to time credits an extra goodtime allowance for meritorious conduct or exceptional industry, and WHEREAS, the Sheriff of Indian River County has reviewed this resolution and recommends that the Board of County Commissioners adopts the policy set forth as follows; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; I. A. The Board of County Commissioners of Indian River County pursuant to Florida Statutes §951.21 (1) hereby commutes the time to be served by County prisoners for good conduct; the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against the County prisoner; 1. Five days per month for the first and second years of the sentence. 2. Ten days per month off the third and fourth years of the sentence. 3. Fifteen days per month off the fifth and all succeeding years of sentence. B. Where no charge of misconduct is sustained against a County prisoner, the deduction provided by this section 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 the deductions allowable, will equal a month. II. A. In addition to time credits otherwise earned, the Board of County Commissioners hereby adopts an extra goodtime -1- allowance policy. County prisoners who have not received a charge of misconduct that has been sustained and who have participated in the jail trustee program or the County work crew program shall be allowed the following deductions from their term of sentence for meritorious conduct or exceptional industry pursuant to Florida Statutes §531.21 (3); 1. Two days year month off the ;entente fo.L tt prisoner working as a jail trustee. 2. Three days per month off the sentence for a prisoner working on a County work crew. B. When a prisoner faithfully performs the assignments given in a conscientious manner and against whom no charge of misconduct has been sustained shall be entitled to a credit for a month as soon as the prisoner has served such time as, when added to any other deductions allowable and the extra goodtime deduction allowable will equal a month. III. For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation and allowances which shall have been accrued in favor of a County prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the State or County then such forfeiture may be set aside by the Board of County Commissioners if, in its judgment, his subsequent conduct entitles him thereto. IV. All or any part of the gaintime earned by a County prisoner and any extra goodtime allowed him, if any, shall be subject to forfeiture by the Board of County Commissioners upon recommendation of the Sheriff for violation of any law of the State or any rule or regulation of the Board or jail. The foregoing resolution was offered by Commissioner Fletcher who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye -2- The Chairman thereupon declared the resolution duly passed and adopted this 6th day of October , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON / . S C IOCK, JR. 4 1/ Chairman _ _ )� - I. r tis .f' WRIGHT, Cle - loss► . ?da��o�-� , � ,L� . APPROVED .A TO FORM AND LEGA OFFICEN ., By i �'' GXV M BRANDENBURG my Attorney -3-