Agenda 09/11/2018 Item #16J 809/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance repealing Ordinance
No. 76-24 (Gain Time for Prisoners) in order to 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 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 will coincide with the adoption of the proposed ordinance.
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is $400.00.
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 authorizes the County Attorney to
advertise the attached ordinance, repealing Ordinance No. 76-24 (Gain Time for Prisoners), and establish,
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. Resolution - Gain Time (DOCX)
2. Ordinance repealing Ordinance No 76-24 (DOC)
16.J.8
Packet Pg. 2736
09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.8
Doc ID: 6623
Item Summary: Recommendation to authorize the County Attorney to advertise an ordinance
repealing Ordinance No. 76-24 (Gain Time for Prisoners) in order to adopt, by resolution, a revised policy
of authorizing gain time for County prisoners pursuant to Section 951.21, Florida Statutes.
Meeting Date: 09/11/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
09/04/2018 4:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/04/2018 4:11 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/04/2018 4:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/05/2018 7:43 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/05/2018 9:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/05/2018 11:07 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
16.J.8
Packet Pg. 2737
[18-COA-01850/1419763/1] 1
RESOLUTION NO. 2018 - _________
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION
951.21, FLORIDA STATUTES, ESTABLISHING A REVISED
POLICY OF GAIN TIME FOR COUNTY PRISONERS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (Board) has repealed Ordinance No. 76-
24, codified in Section 78-27 of the Collier County Code of Laws and Ordinances, which provided
for eligible County prisoners to receive, in addition to time credits, an extra gain time allowance
for meritorious conduct or exceptional industry; and
WHEREAS, through Ordinance No. 89-81, the Board appointed the Collier County Sheriff
as the Chief Correctional Officer of the County correction system; and
WHEREAS, the Collier County Sheriff has recommended that the Board of County
Commissioners adopt a policy (by Resolution) to allow for gain-time for good conduct, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. Prospective operation. This Resolution shall control the computation and
forfeiture of gain-time and an extra-good time allowance for meritorious conduct or exceptional
industry for County prisoners, from the effective date prospectively.
Section 2. Policy Declaration. Based upon the recommendation of the Collier County
Sheriff, it is the policy of the Board of County Commissioners to allow County prisoners to earn,
and forfeit, gain-time for good conduct and an extra-good time allowance for meritorious conduct
or exceptional industry, and such time to be commuted from the sentence of County prisoners.
Section 3. Commutation of time for good conduct. The Board of County
Commissioners authorizes and grants commutation of sentence times of County prisoners for gain-
time earned for good conduct. Where no charge of misconduct is sustained against a County
prisoner, the gain-time for good conduct deduction shall be deemed earned and the following
deductions shall be made from a sentence:
5 days per month off the first and second years of the sentence; and 10 days per month off
the third and fourth years of the sentence; and 15 days per month off the fifth and all succeeding
years of the sentence.
16.J.8.a
Packet Pg. 2738 Attachment: Resolution - Gain Time (6623 : Authorization to Advertise - Gain Time - Resolution and Ordinance)
[18-COA-01850/1419763/1] 2
The deductions shall be deemed earned and the prisoners shall be entitled to the credit for
the applicable month served, when the allowable deduction, added to the actual days served, totals
one month. A County prisoner under two or more cumulative sentences shall be allowed
commutation as if they were all one sentence. For the purposes of this Resolution, a “month” shall
be deemed to be 30 days.
Section 4. Commutation of an extra-good time allowance for meritorious conduct
or exceptional industry. In addition to the gain-time for good conduct, County prisoners may
earn an extra good-time allowance deduction, for meritorious conduct or exceptional industry, not
to exceed 5 extra days per month. The Board of County Commissioners delegates to the Collier
County Sheriff the authority and discretion to allow this extra good-time allowance for meritorious
conduct or exceptional industry.
Section 5. Forfeiture of gain time and extra good-time allowances. All or some of
the gain-time or extra good-time allowance, earned by a County prisoner, shall be subject to
forfeiture for violation of federal, state, local law, or a rule of a County detention facility.
All gain-time and extra good-time allowance earned by a County prisoner shall be forfeited
upon a sustained charge of escape, attempted escape, mutinous conduct, or other serious
misconduct. For an escape, if the prisoner returns voluntarily, without expense to the state or
County, then such forfeiture may be set aside.
Section 6. Implementation and administration. As Chief Correctional Officer, the
Collier County Sheriff is hereby authorized to develop internal procedures , guidelines, and rules,
including, but not limited to, hearing and appeal procedures, for the implementation and
administration of the policies contained within this Resolution. The Board of County
Commissioners delegates to the Sheriff the discretion to award, declare forfeiture of all or some
earned gain time and extra-good time allowance, and to set aside prior forfeitures, unless stated
otherwise herein, in keeping with the Sheriff’s internal procedures, guidelines and rules. In
awarding, forfeiting, or setting aside forfeitures of gain-time and extra good-time allowance, the
Collier County Sheriff shall comply with all federal, state, and local laws, including, but not limited
to, the Americans with Disabilities Act and due process requirements.
Section 7. Computation of gain-time and extra-good time allowance. The Collier
County Sheriff shall be responsible for, and shall compute, gain-time and extra-good time
allowance awards and discharge dates.
Section 8. Changes to Gain-time policy. Changes to the policies set forth herein shall
be made only by the Board of County Commissioners, after consideration of any recommendations
made by the Sheriff.
Section 9. Effective Date. This Resolution shall take effect immediately upon
adoption.
16.J.8.a
Packet Pg. 2739 Attachment: Resolution - Gain Time (6623 : Authorization to Advertise - Gain Time - Resolution and Ordinance)
[18-COA-01850/1419763/1] 3
THIS RESOLUTION ADOPTED after motion; second and majority vote favoring same,
this ________ day of September 2018.
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
______________________________ By: ________________________________
, Deputy Clerk ANDY SOLIS, CHAIRMAN
Approved as to form and legality:
_____________________________
Kevin L. Noell
Assistant County Attorney
16.J.8.a
Packet Pg. 2740 Attachment: Resolution - Gain Time (6623 : Authorization to Advertise - Gain Time - Resolution and Ordinance)
Page 1 of 2
ORDINANCE NO. 2018 - _____
AN ORDINANCE REPEALING ORDINANCE NO. 76-24 IN ITS
ENTIRETY (GAIN TIME FOR PRISONERS) AS CODIFIED IN SEC. 78-
27 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 25, 1976, the Board of County Commissioners (Board) adopted
Ordinance No. 76-24, allowing eligible County prisoners, in addition to time credits, and extra
“gain time” allowance for meritorious conduct or exceptional industry; and
WHEREAS, pursuant to Section 951.061, Florida Statutes, Collier County Ordinance
No. 89-81, designates the County Sheriff as the Chief Correctional Officer of the County’s
correctional system with the duty to enforce all existing state laws and administrative rules of
the department of corre ctions concerning the operation and maintenance of the County jail and
the County stockade; and
WHEREAS, the Board wishes to approve a revised policy regarding gain time for
County prisoners as recommended by the Sheriff in the form of a Resolution ; and
WHEREAS, the Board finds that Ordinance No. 76-24 is now unnecessary and should
be repealed in its entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Repeal of Ordinance No. 76-24.
Ordinance No. 76-24, as codified in Section 78-27 of the Code of Laws and Ordinances
of Collier County (Gain Time for Prisoners) is hereby repealed in its entirety.
SECTION TWO: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _______ day of _____________, 2018.
16.J.8.b
Packet Pg. 2741 Attachment: Ordinance repealing Ordinance No 76-24 (6623 : Authorization to Advertise - Gain Time - Resolution and Ordinance)
Page 2 of 2
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: ________________________________ By: ________________________________
, Deputy Clerk ANDY SOLIS, CHAIRMAN
Approved as to form and legality:
_____________________________
Kevin L. Noell
Assistant County Attorney
16.J.8.b
Packet Pg. 2742 Attachment: Ordinance repealing Ordinance No 76-24 (6623 : Authorization to Advertise - Gain Time - Resolution and Ordinance)