Agenda 09/25/2018 Item #17D09/25/2018
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance repealing Ordinance No. 76-24 (Gain Time for Prisoners)
and adopt, by resolution, a revised policy of authorizing gain time for County prisoners pursuant to
Section 951.21, Florida Statutes.
OBJECTIVE: To repeal Collier County Ordinance No. 76-24 and adopt a Resolution setting forth a
revised policy of gain time for County prisoners pursuant to Section 951.21, Florida Statutes.
CONSIDERATIONS: Ordinance No. 76-24, codified in Section 78-27 of the Collier County Code of
Laws and Ordinances, provides for eligible County prisoners to receive, in addition to time credits, an
extra gain time allowance for meritorious conduct or exceptional industry. Through Ordinance No. 89-
81, the Board appointed the Collier County Sheriff as the Chief Correctional Officer of the County
correctional system.
The Collier County Sheriff has recommended that the Board of County Commissioners repeal County
Ordinance No. 76-24, and adopt a policy (by resolution): to allow for gain time for good conduct;
deduction of gain time for prisoners who are found guilty of state and federal laws or Collier County Jail
rules and regulations; and, an extra good time allowance for meritorious conduct or exceptional industry
for County prisoners to incentivize prisoners to work and comply with laws and regulations.
Formal approval of the resolution coincides with the adoption of the proposed ordinance.
At its September 11, 2018 regular meeting, the Board of County Commissioners authorized the County
Attorney to advertise the proposed ordinance for future consideration.
FISCAL IMPACT: The cost to advertise the proposed ordinance was $321.30.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney’s Office worked with the Sheriff’s Department
on this matter. Gain time has been administered by the Sheriff without material Board or Staff
involvement for many years. Memorializing this relationship by resolution (rather than through an
ordinance) comports with current standard practices throughout the State. Accordingly, this item is
approved as to form and legality, and requires majority support for approval. - KLN
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance,
repealing Ordinance No. 76-24 (Gain Time for Prisoners) and establishes, by resolution, a revised policy
of gain time for County prisoners pursuant to Section 951.21, Florida Statutes.
Prepared by: Katina Bouza, Corrections Support Division Director, Collier County Sheriff’s Office.
ATTACHMENT(S)
1. Proposed Ordinance - Repeal of Ordinance 76-24 - Gain Time (PDF)
2. Proposed Resolution - Revised Policy- Gain Time (PDF)
3. Legal Ad - Repeal of Ordinance No 76-24 (PDF)
17.D
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09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 6722
Item Summary: Recommendation to adopt an ordinance repealing Ordinance No. 76-24 (Gain
Time for Prisoners) and adopt, by resolution, a revised policy of authorizing gain time for County
prisoners pursuant to Section 951.21, Florida Statutes.
Meeting Date: 09/25/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
09/13/2018 9:42 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/13/2018 9:42 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/13/2018 10:00 AM
County Attorney's Office Emily Pepin CAO Preview Completed 09/13/2018 10:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2018 11:36 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/13/2018 11:58 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/16/2018 6:32 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
17.D
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17.D.1
Packet Pg. 2758 Attachment: Proposed Ordinance - Repeal of Ordinance 76-24 - Gain Time (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)
17.D.1
Packet Pg. 2759 Attachment: Proposed Ordinance - Repeal of Ordinance 76-24 - Gain Time (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)
17.D.2
Packet Pg. 2760 Attachment: Proposed Resolution - Revised Policy- Gain Time (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)
17.D.2
Packet Pg. 2761 Attachment: Proposed Resolution - Revised Policy- Gain Time (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)
17.D.2
Packet Pg. 2762 Attachment: Proposed Resolution - Revised Policy- Gain Time (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)
17.D.3
Packet Pg. 2763 Attachment: Legal Ad - Repeal of Ordinance No 76-24 (6722 : Repeal Ordinance and Adopt Resolution - Gain Time Policy)