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Home My WebLink About1983-048•u RESOLUTION NO. 83-48 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 82-107 PROVIDING FOR STATUTORY GOOD CONDUCT -- GAIN TIME, WORK GAIN TIME, CONSTRUCTIVE GAIN TIME, EXTRA GAIN TIME AND SPECIAL GAIN TIME. WHERRAR; Flnri 3a St-atutes 9,0_51.21 (i) provides that Lhe Board of County Commissioners shall qrant Countv 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 the recommendation of the warden or sheriff to adopt a policy to allow County prisoners, in addition to time credits an extra goodtime allowance, and WHEREAS, the Sheriff 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 utilize the maximum benefits allowable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; 1. Resolution No. 82-107 is hereby amended as follows: 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 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. -1- C. Gain time provided by this section does not accrue on time served in County jail prior to the date sentence is imposed. II. A. In addition to time credits otherwise earned, the Board of County Commissioners hereby commutes the time to be served by County prisoners who participate in an authorized work program established by the Sheriff's Department when no charge of misconduct has been sustained 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 attri- butes; 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 over- all performance rating shall be assigned to the inmate's job performance. Gain time for work shall be based upon overall per- formance in the following proportions. 1. Unsatisfactory -- 0 days 2. Satisfactory -- 1/2 day gain time for each day of work. 3. Above satisfactory -- 3/4 day gain time for each day of work. 4. Outstanding -- 1 day of gain time for each day of work. B. Where no charge of misconduct is sustained against the County prisoner, the deductions 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 all deductions allowable, will equal a month. III. A. 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 utilization 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 -2- credited with both constructive gain time and work gain time for the same month. B. Amount and criteria of gain time. Recommenda- tions for the award of such gain time shall be made by the warden based upon a consideration of the inmate's conduct, adjustment, effort and conscientiousness, the kinds and appropriateness of activities, sincerity and similar attributes. Such recommendations shall be forwarded to the Sheriff for his review and approval or disapproval. IV. A. 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 disci- plinary 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. B. Criteria. Recommendations for the award of such extra gain time shall be made by the warden based upon considera- tion of the inmate's conduct, adjustment, effort and conscientiousness, the kinds and appropriateness of activities, sincerity and similar attributes. Such recommendations shall be forwarded to the Sheriff for his approval or disapproval. V. A. 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. B. Criteria and award. The warden 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 -3- 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- The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice -Chairman Don C. Scurlock, Jr. CommisGioner Margaret C. Bowman Commissioner Patrick B. Lyons Commissioner William C. Wodtke, Jr. The Chairman thereupon declared the resolution duly passed and adopted this 6th day of July , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIANRIVER COUNTY, FLORIDA By ,��GGc►� �_ RICHARD`N. BIRD 1 Chairman Attest:\7//)1 JCF'lt��,_ (il�� j�� FREDA WRIGHT, C1 rrk APPROVED,AS TO FO M AND .LE SU I E Y By Y . BOWDERBIRG C un y Attorney I/ -5-