\ r\,, ', ~ /(: u'.~ 1 ORDINANCE NO.: ~~ c:9 2 1:J1' 3 AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE ADOPTING
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1 /'" /:"'~ \ < '". '-., DRAFT DOCUMENT: F:\WPDATA\JAJ\Ordinances\Jail Gain Time\draft-l.wpd, August 20, (1~~pm j5' NOTE: additions/deletions = language proposed for addition/deletion to existing Code provisions. /J~' -1(. U,< \ / ' /' \ r\,, ', ~ /(: u'.~ 1 ORDINANCE NO.: ~~ c:9 2 1:J1' 3 AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE ADOPTING 4 A GAIN-TIME PROCEDURES FOR PRISONERS AT THE HERNANDO 5 COUNTY JAIL; PROVIDING FOR PROSPECTIVE APPLICATION ONLY; 6 PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE 7 CODE; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN 8 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board ofcounty Commissioners implemented a gain-time policy for county 11 prisoners, in accordance with Fla. Stat , when it enacted Resolution on September 12 11,2001; and 13 WHEREAS, Resolution creates gain-time procedures for the Corrections 14 Corporation of America, the former contracted operator of the Hernando County Jail; and 15 WHEREAS, the Board of County Commissioners appointed the Hernando County Sheriff 16 to be Hernando County's ChiefCorrectional Officer when the Board enacted Ordinance on 17 May 25,2010; and 18 WHEREAS, the Board ofcounty Commissioners recognizes that Resolution has 19 been rendered moot as a result of the Hernando County Sheriffs takeover of the Hernando County 20 Jail; and 21 WHEREAS, the Hernando County Sheriffs Office has recommended that the trusty gain 22 time policy must be amended to provide an incentive for prisoners to work, while still providing for 23 the closest compliance of the initial sentence imposed by the courts. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF HERNANDO COUNTY:
2 DRAFT DOCUMENT: F:\WPDATA\JAJ\Ordloaoces\Jail Galo Tlme\draft-1.wpd, August 20, 2010 (2:39pm) NOTE: additioos/deletiud' = laoguage proposed for additioo/deletloo to exlstlog Code provlsloos. Section 1. Commutation of Time for Good Conduct (Gain-Time). A new section ofthe 2 Hernando County Code is created to read as follows: 3 The Board ofcounty Commissioners authorizes and grants commutation ofsentence 4 times of county prisoners for good conduct. Where no charge of misconduct is 5 sustained against a county prisoner, the commutation will be deemed earned. The 6 following deductions shall be made from the terms of sentence where no charge of 7 misconduct has been sustained against a county prisoner: 8 Five (5) days per month offthe first and second years ofthe sentence; 9 and 10 Ten (10) days per month off the third and fourth years of the sentence; and II Fifteen (15) days per month off the fifth and all succeeding years of the sentence. 12 Section 2. Commutation of Time for Meritorious Conduct or Exceptional Industry 13 (Extra Gain-Time). A new section of the Hernando County Code is created to read as follows: 14 Contingent upon the favorable recommendations ofthe Hernando County Sheriff, the 15 Board of County Commissioners adopts a policy of allowing to county prisoners to 16 earn an extra deduction of up to six (6) days per month off the term of sentence 17 because of meritorious conduct or exceptional industry, as provided by state law. 18 The Board ofcounty Commissioners delegates to the Hernando County Sheriff the 19 authority to allow this extra gain-time for meritorious conduct or exceptional 20 industry. 2
3 DRAFT DOCUMENT: F:\WPDATA\JAJ\Ordlnances\Jail Gain Tlme\draft-1.wpd, August 20, 2010 (2:39pm) NOTE: additions/deletions language proposed for addition/deletion to existing Code provisions. Section 3. Trusty Gain-Time. A new section of the Hernando County Code is created to 2 read as follows: 3 County prisoners on trusty status will earn trusty gain-time of 1.5 (one and one-half) 4 days for each forty-hour (40) block of work performed by the inmate. Upon the 5 release of any prisoner from custody whether before or after sentencing, all trusty 6 gain-time accrued is forfeited. Upon the return of that individual for violation of 7 probation, etc., no previous trusty time earned will be credited to that individual. 8 Section 4. Discretionary Forfeiture of Gain-Time, Extra Gain-Time, and Trusty Gain 9 Time. A new section of the Hernando County Code is created to read as follows: 10 All or some gain-time, extra gain-time and trusty gain-time that has been earned by 11 a county prisoner shall be subject to forfeiture for violation oflaws of the state or a 12 rule or regulation of a county detention facility. The Board of County 13 Commissioners delegates to the Hernando County Sheriff the discretion to declare 14 forfeiture of all or some of earned gain-time and extra gain-time. 15 Section 5. Mandatory Forfeiture of Gain-Time, Extra Gain-Time, and Trusty Gain 16 Time. A new section of the Hernando County Code is created to read as follows: 17 All gain-time, extra gain-time, and trusty gain-time that has been earned by a county 18 prisoner shall be forfeited upon a sustained charge of escape, attempted escape, 19 mutinous conduct, or other serious misconduct. For an escape, ifthe prisoner returns 20 voluntarily without expense to the state or county, the forfeiture may be set aside. 3
4 DRAFT DOCUMENT: F:\WPDATA\JAJ\Ordinances\Jaii Gain Time\draft-1.wpd, August 20, 2010 (2:39pm) NOTE: additions/deletions language proposed for addition/deletion to nisting Code provisions. The Board of County Commissioners delegates to the Hernando County Sheriff the 2 authority to set aside the forfeiture of all earned gain-time and all extra gain-time for 3 escapees who return voluntarily. 4 Section 6. Computation of Gain-Time Awards and Discharge Dates. A new section of 5 the Hernando County Code is created to read as follows: 6 The Hernando County Sheriff or his designee, shall be responsible for, and shall 7 compute, inmate gain-time awards and discharge dates. 8 Section 7. Ineligibility to Gain-Time Awards. A new section of the Hernando County 9 Code is created to read as follows: 10 Any persons being housed in the jail pursuant to a civil order of contempt, or any 11 other civil order, shall not be eligible for gain-time. 12 Section 8. Prospective Application Only. This Ordinance shall apply only to gain-time, 13 extra gain-time, and trusty gain-time earned after the date that the Ordinance becomes effective. 14 Section 9. Severability. It is declared to be the intent of the Board of County 15 Commissioners that if any section, subsection, clause, sentence, phrase, or provision of this 16 ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the 17 validity of the remaining portions of this ordinance. 18 Section 10. Inclusion in the Code. It is the intention of the Board of County 19 Commissioners ofhernando County, Florida, and it is hereby provided, that the provisions of this 20 Ordinance shall become and be made a part ofthe Code ofordinances ofhernando County, Florida. 4
5 DRAFT DOCUMENT: F:\WPDATA\JAJ\Ordinances\Jail Gain Time\draft-1.wpd, August 20, 2010 (2:39pm) NOTE: additions/deletions = language proposed for addition/deletion to existing Code provisions. To this end, any section or subsection of this Ordinance may be renumbered or relettered to 2 accomplish such intention, and the word "ordinance" may be changed to "section, "article", or other 3 appropriate designation. 4 Section 11. Repeal of Ordinances and Resolutions in Conflict. Any ordinances and 5 resolutions that are in conflict herewith are hereby repealed to the extent ofsuch conflict. 6 Section 12. Effective date. This ordinance shall take effect immediately upon receipt of 7 official acknowledgment from the office ofthe Secretary ofstate offlorida that this ordinance has 8 been filed with said office. 9 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 10 HERNANDO COUNTY in Regular Session this 26 day of ~ep+. 20lP. 11 ~\\\\\li1"'1/ :-,\'\ ul'tty co~ ~/I.I. '* c.p...~u'~~ 13 &-." "~~ 6~l.'.~ ~ 1 -~: Q r-, L.~: 1 -co: vc(i.) 'i::t. -'. ''!(''" ~ 16 ~~" ~ ~~'". 17 ~~ ' tt~''h' '~:-;:'-- 18 ~111'1IJ1I1\1\\ e Hon. Karen Nicolai 19 Clerk r Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, FLORIDA 5
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