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HomeMy WebLinkAbout1985-041AA • 00 RESOLUTION NO. 85- 41(a) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 83-48; PROVIDING FOR A STATUTORY GOOD CONDUCT GAIN TIME, WORK GAIN TIME, CONSTRUCTIVE GAIN TIME, EXTRA GAIN TIME, AND SPECIAL GAIN TIME. WHEREAS, Florida Statutes §95.1.21(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 gain time deductions from their sentences; and WHEREAS, the Board of County Commissioners is also authorized, upon recommendation of the County Administrator to adopt a policy to allow County prisoners, in addition to time credits, an extra good time allowance; and WHEREAS, the County Administrator of Indian River County has reviewed the County's previous policy at -1 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. 83-48 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; and 3. Fifteen days per month off the fifth and all succeeding years of the sentence. B. 1. Where no charge of misconduct is sustained against the County prisoner, the deduction provided by this section shall be deemed earned and the prisoner shall be entitled -1- to be served by County prisoners who participate in an authorized work program established by the Department of Detention 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 attributes; quality, quantity, diligence, and skill required. Each attriubute 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 perform- ance. 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. -2- 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 O month. 2. If a County prisoner is sentenced to less than one O month, the prisoner shall be entitled to gain time on a pro -rata basis in accordance with this section, 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. C. County prisoners shall receive gain time provid- ed by this section 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. D. Any calculation of basic gain time for a partial month shall be pro -rated on the basis of a thirty day month. II. A. In addition to the 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 Department of Detention 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 attributes; quality, quantity, diligence, and skill required. Each attriubute 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 perform- ance. 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. -2- 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 wonth 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. •• 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 credited with both constructive gain time and work gain time for the same month. B. Amount and criter.a of gain time. Recommenda- tions for the award of such gain time shall be made by the Deten- tion Administrator 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 County Administrator or his designee for his review and approval or disapproval. IV. A. Extra gain time. Inmates who faithfully per- form 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 Detention Administrator based upon consideration of the inmate's conduct, adjustment, effort and -3- ` eonscientiousness, the kinds and appropriateness of activities, sincerity and similar attributes. such recommendations shall be • forwarded to the County Administrator or his designee 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 Detention Administrator 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 County Administrator or his designee 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 Dentention Administrator's written explanation of the deed or service performed and the amount of gain time to be credited shall be submitted to the County Administrator or his designee 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 County Administrator or his designee 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 Department of Detention shall have all gain time earned prior to the act constituting the crime forfeited by the Department of Detention without prior notice of hearing. b) After hearing -- an inmate who: (1) violates any penal law of this State, or any rule of the Department of Detention, -4- (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 40 (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 Department of Detention will establish guidelines for the conduct of hearings provided by this section. All. such hearings shall be before an impartial tribunal, shall 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 f•or action to tle 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) above. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Ave Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of April , 1985. Attest: ,/t FREDA WRIGHT v Clerk BOARD OF UNTY COMMISSIONERS OF IND IVER COUNTY, FLORIDA B ,,f/PATRICK B. LY7 Chairman -S-