Chapter 642 - EXTENDED LIMITS OF CONFINEMENT OF PRISONERS

Sec. 640.205. - Working of prisoner. Chapter 646 - WORK FURLOUGH AND VICTIM RESTITUTION PROGRAM Chapter 642 - EXTENDED LIMITS OF CONFINEMENT OF PRISONERS[1]

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State Law reference— Work release programs, F.S. § 951.24.

State rule reference—Community release program, F.A.C. 33-9.023.

Sec. 642.101. - Legislative intent.

The Council hereby finds and declares:

(a)

In order for the City's correctional institutions to continue to contribute to the reduction of crime, these institutions must adopt proven methods and programs for the accomplishment of crime reduction. Through the adoption and implementation of these proven programs taxpayer dollars spent for incarceration will be reduced and the mission of corrections, that of rehabilitation, victim rights and productive reintegration of offenders into the mainstream of society will be aided.

(b)

It is clear that major changes in correctional methods are occurring. It is essential to continue the development of community-based corrections and to provide alternatives to institutionalization. The vast majority of offenders return to society. The changes in correctional methods can provide the offender, through programs such as Restorative Justice, the opportunity to find or keep meaningful employment, be a productive citizen and to be reintegrated into the community. Restorative Justice Programs will allow victims of crime and the community to have active and important parts in the goals of community justice.

(c)

It is the intent of the Council:

(1)

To separate dangerous or repeat offenders from non-dangerous offenders, who have potential for rehabilitation, and place non-dangerous offenders in secure noninstitutional surroundings as an aid to their rehabilitation.

(2)

When possible, to divert from expensive institutional commitment those individuals who, by virtue of professional evaluation, can be placed in less costly and more effective environments and programs better suited for their rehabilitation and the protection of society.

(3)

To provide intensive and meaningful supervision for those on release so that the condition or situation which caused the person to commit the violation is corrected.

(4)

To utilize the authority granted by F.S. § 948.90 to develop, establish and maintain community programs to provide the judicial system with community alternatives for offenders who require less than institutional custody but more than probation supervision.

(5)

That the Sheriff is authorized to use any or all of the innovative methods expressed in this Chapter.

(Ord. 84-473-282, § 1; Ord. 2000-1087-E, § 1)

Sec. 642.102. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Contraband article means and includes:

(1)

An intoxicating beverage or beverage which causes or may cause an intoxicating effect, except a beverage used for and during a religious ceremony or ritual.

(2)

A narcotic, hypnotic or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates and controlled substances, as defined in F.S. § 893.02(3); provided, that there shall be excluded from this definition any drug prescribed by a licensed physician as being medically necessary for the prisoner or a person living in the place of extended confinement with the prisoner, which prescription shall be made available for inspection upon request of the Sheriff or his authorized representative.

(3)

A firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon.

(b)

Place of extended confinement means that place, other than the Duval County Jail, Trusty Housing Facility, Juvenile Shelter, Fairfield Correctional Institution or Jacksonville Correctional Institution, designated by the Sheriff pursuant to this Chapter as the place in which a prisoner is confined during and only so long as he is granted the privilege of extended limits of confinement under this Chapter.

(c)

Prisoner means a person who is under arrest and in the lawful custody of the Sheriff or any person convicted and sentenced by the County Court or Circuit Court for a violation of a City ordinance and committed to the custody of the Sheriff.

(d)

Restorative Justice means and includes programs that emphasize elevating the role of crime victims and communities in the process of holding offenders accountable for their behavior; while offering offenders the opportunity to make amends directly to the people and community they violated. The program devotes attention to:

(1)

Enabling offenders to make amends to their victims and community.

(2)

Increasing offender competencies.

(3)

Protecting the public through processes in which individual victims, the community, and offenders are all active participants.

(e)

Community Justice means the meaningful involvement of victims of crime, community members along with justice professional, and offenders in crafting opportunities and sanctions for restitution and amends by offenders.

(Ord. 84-473-282, § 1; Ord. 2000-1087-E, § 2)

Sec. 642.103. - Extended limits of confinement: Prisoner not convicted of ordinance violation.

Whenever the Sheriff has in his custody a prisoner who has been charged with but not been convicted of a violation of a City ordinance, he may extend the limits of confinement of the prisoner in accordance with the requirements and conditions of this Chapter. This extension may be granted by the Sheriff without the consent or concurrence of any court being necessary; but the Sheriff shall inform the court in which the prisoner made his first appearance and the State Attorney of his action under this Section. This extension may be granted by the Sheriff upon written request of the prisoner, and he shall inform eligible prisoners of this privilege.

(Ord. 84-473-282, § 1)

Sec. 642.104. - Extended limits of confinement: Prisoner convicted of ordinance violation.

Whenever punishment by imprisonment is prescribed upon conviction for a violation of a City ordinance, the sentencing court may, in its discretion and with the advice and consent of the Sheriff, extend the limits of confinement of the prisoner in accordance with the requirements and conditions of this Chapter and with such additional or different requirements and conditions as it may prescribe. This extension may also be granted by the Sheriff, without the consent or concurrence of any court being necessary. This extension may be granted at any time during the sentence, upon written request of the prisoner, and the Sheriff shall inform eligible prisoners of this privilege.

(Ord. 84-473-282, § 1; Ord. 93-357-170, § 1)

Sec. 642.105. - Requirements and conditions of extended confinement; release from extended confinement.

(a)

Release from the extended limits of confinement shall be granted only to allow the prisoner to leave the confines of his place of extended confinement during reasonable and necessary hours:

(1)

To work at paid employment.

(2)

To conduct his own business or profession.

(3)

To participate in an educational or vocational training program.

It shall be a condition precedent to the granting of an extension of the limits of confinement of a prisoner that he be already engaged in one of the activities described in subsections (a)(1)—(3) of this Section, or that he was engaged in one of the activities described in subsections (a)(1)—(3) of this Section immediately before his confinement and demonstrates to the satisfaction of the Sheriff that he will be engaged in one of the activities described in paragraphs (1)—(3) upon the extension of the limits of his confinement.

(b)

The Sheriff shall specify the place to which the prisoner shall return at the conclusion of his daily activities under subsection (b) of this Section, and this place shall be considered his place of extended confinement in which he shall be confined except during the period of his authorized release. A place of extended confinement shall be designated pursuant to Section 642.106(a).

(c)

The Sheriff may apply the provisions of this Chapter to a prisoner who may not be physically able to engage in work or to attend school or would be otherwise medically undesirable in an institutional confinement setting. In such case, the Sheriff shall apply, to the extent applicable and practical, the criteria for such extended confinement as set forth in this Chapter.

(Ord. 84-473-282, § 1; Ord. 88-282-157, § 3)

Sec. 642.106. - Place of extended confinement.

(a)

Method of designation. A place of extended confinement shall be designated as follows:

(1)

In his written request for extension of the limits of his confinement, the prisoner shall request the designation of a particular place as his place of extended confinement. A place of extended confinement shall be limited to one of the following types of places:

(i)

The prisoner's residence, which must be located within the General Services District.

(ii)

The residence of the prisoner's father, mother, guardian or other person legally responsible for the prisoner, if the prisoner is a minor or ward, which residence must be located within the General Services District.

(iii)

The residence of the prisoner's father, mother, sister, brother or other immediate family member, as defined in the rules promulgated by the Sheriff under this Chapter, or of any other person who agrees to observe the terms and conditions involved with a place of extended confinement, which residence must be located within the General Services District.

(iv)

A dormitory or similar institutional housing at an educational or vocational training institution or facility, which must be located within the General Services District, if the prisoner's residence is not within the General Services District or, if his residence is within the General Services District, if the dormitory or similar housing is more convenient and involves a shorter route of travel to the prisoner's educational or vocational training program. A fraternity house, sorority house or other group residence, not constituting the prisoner's principal residence and not under the immediate control and supervision of the educational or vocational training institution or facility, is not acceptable as a place of extended confinement under this subparagraph.

(2)

The Sheriff shall inspect the place requested by the prisoner for its suitability as his place of extended confinement. The Sheriff shall ascertain that no illegal, immoral or unhealthful activities or conditions exist or are carried on in the proposed place of extended confinement or, if it is located in a building or structure with other residences, within the premises as a whole. The Sheriff may call upon the Building Inspection Division and Housing Safety Division to assist him in this inspection. The Sheriff shall, by rule, prescribe by what factors he judges the suitability of a place of extended confinement.

(3)

The Sheriff shall interview and, to the extent necessary, investigate the backgrounds of the persons with whom the prisoner will be living during his period of confinement. If the Sheriff finds that any of these persons has been convicted during the last five years of a felony, of any crime involving moral turpitude or of any violation of a City ordinance involving moral turpitude, he shall disqualify the proposed place of extended confinement.

(4)

The Sheriff shall, as soon as his investigation allows, inform the prisoner of his acceptance or rejection of the proposed place of extended confinement. If the Sheriff accepts the proposed place of extended confinement, he shall proceed as prescribed in subsection (b) of this Section. If the Sheriff rejects the proposed place of extended confinement, he shall require the prisoner to propose an alternative place of extended confinement; provided, that the Sheriff may, by rule, prescribe the number of times that a prisoner may propose unacceptable places of extended confinement, after which no further proposals may be made and the prisoner's request for extended confinement shall be rejected.

(b)

Agreement. When a proposed place of extended confinement is accepted by the Sheriff, he shall enter into a written agreement with the owner, tenant or other person legally responsible for the place of extended confinement that, so long as the prisoner continues to reside in the place of extended confinement under this Chapter:

(1)

The Sheriff or his authorized representative may enter the place at any time for the purpose of visiting with the prisoner or ascertaining that the place remains suitable as a place of extended confinement. The Sheriff will not enter a place of extended confinement that is a private residence without informing the person in charge of his intention to do so and obtaining permission, unless he first obtains a warrant from a competent court authorizing him to enter.

(2)

No contraband articles, as defined in Section 642.102(a), will be permitted to be present in or to be brought into the place of extended confinement.

(3)

The prisoner will not be allowed to associate with persons engaged in criminal activities at the place of extended confinement, and these persons will not be allowed to enter the place of extended confinement.

(4)

Any special terms and conditions imposed by the court and involving the place of extended confinement will be strictly and carefully observed and complied with.

(5)

Any attempt, whether successful or not, by the prisoner to escape confinement at the place of extended confinement will promptly reported to the Sheriff.

(6)

The agreement may be terminated by the Sheriff at any time, with or without cause or notice.

(c)

Termination of agreement; revocation of place of extended confinement; new place of extended confinement. If the Sheriff finds that the place of extended confinement is no longer suitable under his rules, he may terminate the agreement required by subsection (b) of this Section and declare the place unacceptable as a place of extended confinement. Unless the prisoner's privilege under this Chapter is concurrently withdrawn or forfeited, the prisoner will be allowed to propose another place of extended confinement under this Section; until a new place is accepted by the Sheriff, the prisoner shall be returned to confinement in secure detention facilities, although he will be permitted to continue in the activities for which he was released on extended confinement.

(Ord. 84-473-282, § 1)

Sec. 642.107. - Terms and conditions of extended confinement for prisoner; agreement by prisoner.

(a)

The Sheriff or the court shall determine the terms and conditions of extended confinement for the prisoner, but they shall include, unless otherwise provided, that the prisoner shall:

(1)

Report to the supervising person or agency as directed by the Sheriff or his authorized representative.

(2)

Permit the Sheriff or his authorized representative to visit him at his place of extended confinement or elsewhere.

(3)

Work faithfully at suitable employment or participate in an educational or vocational training program.

(4)

Remain within a specified place while at work or at school or training and return promptly to the place of extended confinement at the conclusion of the day's activities.

(5)

Support his legal dependents to the best of his ability.

(6)

Not associate with persons engaged in criminal activities.

(7)

Make reparation or restitution or attend counseling, as ordered by the court.

(8)

Make the payments required by Section 642.110 for the cost of his supervision.

(b)

The terms and conditions of extended confinement for the prisoner shall be embodied in a written instrument, which shall be signed by the prisoner as evidence that he understands and will abide by the stated terms and conditions.

(Ord. 84-473-282, § 1)

Sec. 642.108. - Report concerning daily activities; change of activities; accounting for or deposit of wages and salary.

(a)

The prisoner shall, when requested or required by the Sheriff or his authorized representative, make a report concerning the daily activities he engages in as a condition of his extended confinement. The prisoner shall report promptly, and in advance if possible, any change in his daily activities, including what they are, where they are performed and when they will begin and end. A prisoner is not prohibited from traveling outside the limits of the General Services District, if this travel is a necessary part of his work, education or training; but the Sheriff shall be notified in advance and his approval of the travel shall be necessary. The Sheriff may impose such limitations and requirements upon travel by a prisoner as he deems necessary to insure that the prisoner remains within the limits of his extended confinement.

(b)

The prisoner may be required to account for the manner in which he disposes of the wages or salary he earns while in the program and to deposit with the Sheriff an amount determined pursuant to Section 642.110 to be sufficient to pay the costs of his supervision; failure or refusal by the prisoner to do so shall be deemed a default by the prisoner and his privileges under this Chapter shall be automatically forfeited. Alternatively, the Sheriff may collect from the prisoner the wages or salary earned pursuant to this program and deposit them in a trust checking account, keeping a ledger to show the status of the account of each prisoner; failure or refusal by the prisoner to deposit his wages or salary shall be deemed a default by the prisoner and his privileges under this Chapter shall be automatically forfeited. The wages and salaries shall not be subject to garnishment in the hands of either the employer or the Sheriff during the prisoner's sentence and shall be disbursed only as provided in this Chapter. If the Sheriff requires that the prisoner deposit his wages or salary, they shall be disbursed by him only for the following purposes, in the order listed:

(1)

Payment of the costs of supervision, determined pursuant to Section 642.110.

(2)

Room and board of the prisoner, if the prisoner is required to pay for room and board during his residence at the place of extended confinement.

(3)

Necessary travel expenses to and from work or to and from education or training classes and other necessary incidental expenses of the prisoner.

(4)

Support of the prisoner's legal dependents.

(5)

Payment, either in full or ratably, of the prisoner's obligations acknowledged by him in writing or which have been reduced to judgment.

(6)

The balance to the prisoner upon discharge from his sentence or until an order of the court is entered declaring that the prisoner has left lawful confinement, declaring that the remaining balance is forfeited and directing the Sheriff to deposit the funds in the General Fund-General Services District as miscellaneous receipts.

(Ord. 84-473-282, § 1)

Sec. 642.109. - Supervision by Sheriff; delegation of responsibility; contract with Salvation Army.

The Sheriff is responsible for the supervision of a prisoner granted an extended confinement under this Chapter, since he remains in the custody of the Sheriff notwithstanding the extension of the limits of his confinement. The Sheriff may delegate responsibility for the operation of the program and supervision of the prisoners who are participating in the program to the Community Corrections Division in the Office of the Sheriff, and he may contract with the Salvation Army as his agent and representative to provide experienced personnel for immediate supervision of prisoners, counseling and contact visits.

(Ord. 84-473-282, § 1; Ord. 88-282-157, § 4)

Sec. 642.110. - Payment for costs of supervision.

The prisoner shall be responsible for reimbursing the City for the costs associated with his supervision while in the program authorized by this Chapter. The Sheriff shall establish a reasonable schedule of fees to be charged prisoners, up to $54 per day, for paying the cost of supervision under this Chapter and to defray the cost of the 24-hour a day computerized surveillance program using electronic monitoring devices. If the Sheriff contracts with the Salvation Army as authorized by Section 642.109, the fees may be collected by the Salvation Army as agent for the City and shall be remitted to the City as directed by the Sheriff, less any portion retained by the Salvation Army pursuant to its contract with the City. The Sheriff may waive all or any portion of the cost of supervision under any of the following circumstances:

(a)

Any time the net income does not exceed the cost of supervision and there are family obligations to the extent that it would be in the best interest of the City to waive all or a portion of the supervision cost.

(b)

A temporary crisis in the offender's family of sufficient magnitude to warrant a waiver.

(c)

To satisfy a lien imposed by the courts.

(Ord. 84-473-282, § 1; Ord. 88-282-157, § 5; Ord. 88-1486-689, § 1; Ord. 89-872-405, § 3; Ord. 2005-807-E, § 10.13.A)

Sec. 642.111. - Extended confinement not probation; to be considered part of sentence.

With respect to a prisoner who has been sentenced, the extension of the limits of the prisoner's confinement shall not be considered as probation under a community control program, but as part of the sentence. All time spent by the prisoner while in the program authorized by this Chapter shall be considered as part of the time that he was sentenced to serve. As long as the prisoner is in good standing under the program, he shall be eligible to earn credit for good conduct, credit for employment and extra gain time under and subject to Part 2, Chapter 640 and other applicable laws.

(Ord. 84-473-282, § 1)

Sec. 642.112. - Extension of limits of confinement as privilege; automatic forfeiture of privilege; withdrawal by Sheriff or court.

The extension of limits of confinement authorized by this Chapter shall be a privilege granted to a prisoner only so long as he continues to observe strictly the terms and conditions of the extension. A prisoner who willfully fails to remain within the extended limits of his confinement, to return within the time prescribed to the place of extended confinement or to observe strictly the terms and conditions of his extension shall be deemed an escapee from custody and the privileges under this Chapter shall be automatically forfeited. The escaped prisoner shall be subject to punishment as prescribed by law. The Sheriff or the court may withdraw the privilege granted by this Chapter at any time, with or without notice.

(Ord. 84-473-282, § 1)

Sec. 642.113. - Extended application.

To the extent allowable by State law, the provisions of this Chapter may be applied to pretrial detainees and persons convicted of misdemeanor or felony violations of State law, where the penalty provided for such offense or the sentence imposed therefor is incarceration in the County prison facilities for a period of less than one year and one day.

(Ord. 88-282-157, § 6)

Sec. 640.205. - Working of prisoner. Chapter 646 - WORK FURLOUGH AND VICTIM RESTITUTION PROGRAM