Resolution 2018-168 RESOLUTION NO.2018- 1 6 8
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WHEREAS,the Board of County Commissioners(Board)has repealed Ordinance No. 76-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.
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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.
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THIS RESOLUTION ADOPTED after motion; second and majority vote favoring same,
this Z.S-r\-. day of September 2018.
ATTEST BOARD OF CO I TY COMMISSIONERS
CRYSTAL K:KINZEL, Clerk COLLIER CO. T FLORID,
j
By: A
_
Attest as to Chairman's Deputy Clerk �� D Y SOLIS, CHAIRMAN
signature only.
Approved as to form and legality:
,dam
Kevin L. Noel]
Assistant County Attorney
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