Chapter 640 - EMPLOYMENT, GOOD TIME ALLOWANCES AND RELEASES

Subtitle C - CORRECTIONS Chapter 642 - EXTENDED LIMITS OF CONFINEMENT OF PRISONERS Chapter 640 - EMPLOYMENT, GOOD TIME ALLOWANCES AND RELEASES[1]

Footnotes: --- (1) ---

Charter reference— Duties of sheriff to administer prison farm and jails, § 8.01.

State Law reference— County and municipal prisoners, F.S. ch. 951; gain time for good conduct, F.S. § 951.21.

State rule references—Local transfer, temporary release, and discharge procedures, F.A.C. ch. 33-7; County and municipal detention facilities, F.A.C. ch. 33-8; extension of the limits of confinement, F.A.C. ch. 33-9; modification of sentences, F.A.C. ch. 33-11.

PART 1. - HARDSHIP RELEASES

Sec. 640.101. - Hardship releases granted by Mayor.

In accordance with the provisions of this Part 2, the Mayor is authorized to grant hardship releases to a person convicted of a violation of a City ordinance in the County Court and sentenced to imprisonment or committed to jail for failure to pay a fine. Hardship releases shall be granted in writing and executed by the Mayor and the Corporation Secretary. The original hardship release shall be filed in the office of the Corporation Secretary and a certified copy shall be filed in the office of the Council Secretary.

(Ord. 69-241-245, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-794-356, § 1; Ord. 83-591-400, § 1)

Note— Former § 306.201.

Sec. 640.102. - Application for hardship release.

A person seeking a hardship release shall file with the Corporation Secretary a written application signed by the applicant stating the basis upon which he requests a hardship release. The Corporation Secretary shall obtain from the Sheriff and attach to the application any previous arrest record of the applicant. All agencies of the City shall furnish to the Mayor such additional information as he may require for the proper consideration of the application.

(Ord. 69-241-245, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 306.202.

Sec. 640.103. - Bases upon which hardship releases authorized.

The Mayor is authorized to grant hardship releases only upon a finding by him of extreme hardship to the applicant caused by:

(a)

Death of the applicant's spouse, parent, child, brother or sister.

(b)

Illness of the applicant, but only upon the prior filing with the Corporation Secretary of a written report and favorable recommendation of the licensed physician assigned to the City's correctional facilities who has examined the applicant.

(Ord. 69-241-245, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 306.203.

Sec. 640.104. - Denial of hardship release; fugitive warrant or detainer.

The Mayor shall not grant a hardship release in any case in which a valid fugitive warrant or detainer has been filed with the Office of the Sheriff by another law enforcement agency.

(Ord. 69-241-245, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 306.204.

PART 2. - GAIN TIME

Sec. 640.201. - Credit for good conduct.

A prisoner sentenced to the custody of the Sheriff by the County Court shall receive a credit of five days for good conduct per each 30-day period served after sentencing. The credit shall be deemed earned, and the prisoner shall be entitled to the credit, when the prisoner has served such time as, when added to the credit allowable, will equal 30 days. Credit for good conduct shall not be granted on any time served while awaiting sentencing. A prisoner serving two or more cumulative sentences shall receive the credit against all cumulative sentences as if they were one sentence. Any credit received shall be subject to the limitations set forth in Section 640.204.

(Ord. 69-296-461, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2000-1086-E, § 1; Ord. 2004-665-E, § 1)

Note— Former § 306.301.

Sec. 640.202. - Credit for employment.

A prisoner sentenced to the custody of the Sheriff by the County Court for failure to pay a fine or serving a sentence imposed by the County Court as an alternative to the payment of a fine shall not be entitled to a credit for good conduct under Section 640.201 but shall receive a credit to be applied against the fine as follows:

(a)

If the prisoner satisfactorily performs such work as may be assigned by the Sheriff or is determined by the institutional physician to be medically unable to perform work, $5 per day.

(b)

If the prisoner unsatisfactorily performs such work as may be assigned by the Sheriff or refuses to work after being determined by the institutional physician to be medically able to perform work, $2 per day.

(Ord. 69-296-461, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 306.302.

Sec. 640.203. - Extra gain time.

(a)

A prisoner sentenced to the custody of the Sheriff by a court of competent jurisdiction may be granted by the Sheriff a credit of from one to five days extra gain time per month as follows, subject to the limitations set forth in Section 604.204:

(1)

For the performance of work in connection with the construction of a prison or correctional institution or additional facilities for an existing prison or correctional institution or any other type construction authorized by the Council;

(2)

For the performance of work over and above the normal 40-hour workweek and the sincere expression of gaining a new outlook on adjusting to society by gainfully exhibiting his/her rehabilitation, which may be evidenced by satisfactory participation in selected programs, to include education programs to enhance inmate literacy, skills, meritorious conduct or exceptional industry (special projects);

(3)

For the satisfactory performance of community service work over and above the normal 40-hour workweek of gainful employment by a work furlough participant;

(4)

For the satisfactory performance of community service work over and above the satisfactory participation in the therapeutic Community Substance Abuse Treatment Program;

(b)

The amount of the credit granted shall be based upon the degree of faithful and conscientious performance of work assigned to the prisoner over and above that which may normally be expected of a prisoner against whom no disciplinary report has been filed during the serving of his/her sentence, and whose conduct, personal adjustment and individual effort at his/her own rehabilitation show his desire to be a better than average prisoner.

(Ord. 69-296-461, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 79-731-439, § 1; Ord. 83-591-400, § 1; Ord. 91-390-216, § 1; Ord. 2000-1086-E, § 2; Ord. 2004-665-E, § 1)

Note— Former § 306.303.

Sec. 640.204. - Limitations on credits and extra gain time.

The total of all credits for good conduct under Section 640.201 and extra gain time under Section 640.203(a) shall not exceed 15 percent of the total sentence of a prisoner. All prior credits and extra gain time shall be forfeited if the inmate is found guilty of escape, attempted escape, mutinous conduct or other misconduct, including failure to obey a lawful order, or violation of any law or lawful rule of the City correctional facilities.

(Ord. 69-296-461, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2004-665-E, § 1)

Note— Former § 306.304.

Sec. 640.205. - Working of prisoner.

The Sheriff may assign a prisoner sentenced to the custody of the Sheriff by the County Court, upon conviction of a violation of a City ordinance, to work on any public work of the City or on any other project for which the City has the power to appropriate funds.

(Ord. 72-507-245, § 1; Ord. 83-591-400, § 1)

Note— Former § 306.305.

Subtitle C - CORRECTIONS Chapter 642 - EXTENDED LIMITS OF CONFINEMENT OF PRISONERS