§ 9-2. Gain time allowances for county prisoners.
(a)
Definitions. For the purposes of this section, the following words shall have the meanings indicated:
(1)
Statutory gain time means reduction from sentence based upon the length of sentence under the provisions of Sections 951.21(1), (2), Florida Statutes, and subsection (e) of this section.
(2)
Additional gain time means:
a.
Work gain time, which is a deduction from sentence in an amount up to one (1) day for every eight (8) hours of productive or institutional labor to inmates whose conduct is in compliance with the rules of the county jail, the rules of the department of corrections and the laws of the state.
b.
Constructive gain time, which is a credit awarded on a sentence in lieu of work gain time to inmates unable to work, but whose conduct complies with the rules of the county jail, the rules of the department of corrections and the laws of the state.
c.
Extra gain time, which is a credit awarded on a sentence in lieu of work gain time and constructive gain time to those in various self-betterment programs who meet and comply with the rules of the county jail, the rules of the department of corrections and the laws of the state.
(3)
Unsatisfactory performance means performance that does not meet minimum requirements.
(4)
Satisfactory performance means average or normal performance that meets with minimum requirements.
(5)
Above-satisfactory performance means performance that exceeds what is expected.
(6)
Outstanding performance means performance in which there is little room for improvement.
(7)
Skilled means proficiency, ability or dexterity; expertness in art, trade or technique, particularly one requiring use of the hands or body.
(8)
Semi-skilled means possessing some skills, but not enough to do specialized work.
(9)
Unskilled means lacking skill or technical training or requiring no training or skill.
(10)
Administrative confinement means temporary housing that removes an inmate from the general population upon determining a danger would exist either for the inmate, other inmates, the facility itself or the general public if the inmate was permitted to remain in the general population. Inmates in this status should be maintained only for the period of time they are a threat or threatened.
(11)
Close management means long-term, single-cell housing that removes an inmate from the general population housing when a clear and continuing danger exists for other inmates, the facility itself or the general public if the inmate was to remain in the general population.
(12)
Disciplinary confinement means temporary housing either part-time or full-time in which the inmate is removed from the general population and placed in a restricted housing environment as a result of being found guilty of a violation of the rules of the county jail, the rules of the department of corrections or the laws of the state.
(b)
Authorized. The sheriff of the county is hereby authorized and empowered to grant additional gain time in accordance with the procedures set forth in this section.
(c)
Sentence modifications. The sentences of inmates are modified by deductions and forfeiture of gain time. There are two (2) categories of gain time: Statutory gain time and additional gain time. There are three (3) subcategories of additional gain time: Work gain time, constructive gain time, and extra gain time.
(d)
Limitation on gain time deductions. The total of additional gain time received by an inmate may not exceed the number of days in the month in which the awards are made.
(e)
Statutory gain time. Statutory gain time will be awarded or withheld monthly as follows:
(1)
When no charge of misconduct is sustained against an inmate the deduction shall be deemed earned and the inmate shall be entitled to credit for a month as soon as the inmate has served such time as, when added to the deduction allowable, will equal a month. An inmate under two (2) or more cumulative sentences shall be allowed commutation as if they were all one (1) sentence.
(2)
Inmates are ineligible to receive statutory gain time awards who:
a.
Are found guilty of a disciplinary report violation or violation of state law but only for the month in which the violation occurred; or
b.
Are serving a portion of a mandatory sentence which precludes a gain time award.
(3)
Eligible inmates will be awarded deductions for this gain time from their sentences in accordance with Form 5, attached to Ordinance No. 1982-13, in the amount of:
a.
Five (5) days per month off the first and second years of the sentence
b.
Ten (10) days per month off the third and fourth years of the sentence
c.
Fifteen (15) days per month off the fifth and all succeeding years of the sentence.
(f)
Work gain time. Inmates in recognized work programs are eligible to receive this gain time monthly if they have committed no infraction of the rules of the county jail, the rules of the department of corrections or state laws, and have performed in a satisfactory and acceptable manner assigned work, duties and tasks. Inmates participating in work release or community drug treatment programs are ineligible for work gain time. Inmates assigned as permanent party to work release centers are eligible for work gain time. Work gain time will be computed in accordance with Form 6, attached to Ordinance No. 1982-13, as follows:
(1)
The amount of work gain time awarded depends on the skill level assigned to the particular job performed and the diligence and performance of the inmates' at that job. Performance of less than satisfactory will result in no gain time being awarded.
(2)
Those aspects of performance to be evaluated in awarding work gain time are quality, quantity and diligence. Each area will be rated either: Unsatisfactory, satisfactory, above satisfactory or outstanding. This performance rating will be done monthly.
(3)
An inmate who has an overall rating of above satisfactory may earn up to one-half (½) day work gain time for each eight (8) hours worked and an inmate with an overall rating of outstanding may earn from one-half (½) to one (1) day work gain time for each eight (8) hours worked.
(g)
Constructive gain time. The following applies to constructive gain time:
(1)
Inmates who, because of age, illness, infirmity or confinement for reasons other than discipline, do not participate in a correctional work program and demonstrate a constructive utilization of time and have not committed infractions of the rules of statutes, may be granted additional gain time allowances up to six (6) days per month. Inmates will be evaluated on attitude, behavior and following orders. Inmates eligible to receive constructive gain time who are found guilty of a disciplinary infraction or in violation of the laws of this state will not be awarded constructive gain time for the month of the violation. Inmates are ineligible who:
a.
Are in administrative confinement because they refuse to accept an open population assignment unless the sheriff states in writing that the assignment is the result of a medical quarantine, legitimate protection cases or other extraordinary circumstances.
b.
Are in close management status for failure to make a satisfactory adjustment in open population upon the determination of the sheriff who relates to the inmate his decision and reasons.
c.
Receive an unsatisfactory performance report but only for the month of the report.
d.
No inmate shall receive concurrently work gain time and constructive gain time.
(2)
If an inmate is eligible to receive consideration under this subsection, institutional personnel will review the inmate status and recommend from zero to six (6) days per month and provide written justification of this recommendation with the inmate's progress report/review, in accordance with Form 7, attached to Ordinance No. 1982-13. When an inmate's progress report/review is due, any constructive gain time earned will be submitted and forwarded to the sheriff for review and approval.
(h)
Extra gain time. The following applies to extra gain time:
(1)
An inmate who faithfully performs the assignments given in a conscientious manner over and above that which may normally be expected and against whom no disciplinary report has been filed for which the individual has been found guilty within the preceding six (6) months and whose conduct, personal adjustment and individual efforts toward rehabilitation show a desire to be a better than average inmate or who diligently participates in an approved course of academic or vocational study may be granted on an individual basis from one (1) to six (6) days per month extra gain time in accordance with Form 8, attached to Ordinance No. 1982-13. The six (6) days per month consideration will be prorated on the total number of days in the program. No inmate is eligible to receive consideration under this section if the inmate has earned additional gain time awards for constructive gain time in the same month. An inmate may be considered for extra gain time in addition to work gain time only if assigned to school or other training activities on a part-time basis and to work during other portions of the day. In such cases, the inmate would be considered for work gain time in proportion to the hours worked and for extra gain time up to a maximum of three (3) days per month for the part-time involvement in school or vocational training programs. An inmate in a full-time work program, other than a work release program is ineligible for extra gain time.
(2)
Institutional personnel will evaluate the inmate's performance and educational programs, other self-betterment programs, and adjustment in living quarters and submit reports to the sheriff. Consideration will be given to the number of recommended programs the inmate is participating in, the availability of programs and the inmate's ability to participate. While emphasis should be placed on recommended programs, credit should be considered for non-recommended programs. Those aspects of performance to be evaluated are quality, quantity and diligence. Each area will be rated either unsatisfactory, satisfactory, above satisfactory or outstanding. An inmate who has an overall rating of above satisfactory may earn from one (1) to three (3) days extra gain time per month and an inmate with an overall rating of outstanding may earn four (4) to six (6) days extra gain time per month.
(3)
If the school or vocational training activity produces a production or service, the inmate will be eligible for work gain time. Otherwise, the inmate will be considered for extra gain time.
(i)
Award period if sentence is expiring or inmate is transferred. In the event an inmate is being transferred or his expiration date falls before the regular progress report/review period and he meets all of the requirements for eligibility, he may be granted additional gain time for a shorter period of time.
(j)
Withholding or forfeiture of gain time. Any inmate found guilty of a charge of misconduct shall forfeit the award of any gain time for the month in which the infraction occurred. The sheriff after determination of guilt by a disciplinary team may cause to be forfeited any amount of gain time permitted by this section or by statute. Likewise, the sheriff may restore any gain time forfeited if, in his opinion, there are sufficient reasons for restoration. For each sustained charge of escape or attempted escape, mutinous conduct or other serious misconduct, all the commutation which shall have accrued in favor of the county inmate 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 if, in the sheriff's judgment, the inmate's subsequent conduct entitles him thereto.
(Ord. No. 2004-41, § 2, 6-15-04)