Chapter 646 - WORK FURLOUGH AND VICTIM RESTITUTION PROGRAM

Sec. 642.113. - Extended application. Chapter 647 - DETENTION FACILITIES Chapter 646 - WORK FURLOUGH AND VICTIM RESTITUTION PROGRAM[1]

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

State Law reference— Imprisonment for debt, Fla. Const. Art. I, § 11; pretrial release and detention, Fla. Const. Art. I, § 14; excessive punishments, Fla. Const. Art. I, § 17; work release program, F.S. § 951.24.

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

Sec. 646.101. - Eligibility.

A person sentenced to the correctional facilities of the City for commission of a crime, violation of an ordinance, nonpayment of a fine or forfeiture or contempt of court may, subject to such rules as the Sheriff may impose, be granted the privilege by the Sheriff of leaving the correctional facilities during necessary and reasonable hours for any of the following purposes:

(a)

Working at legal and gainful employment.

(b)

Conducting his or her own business or other self-employed occupation.

(c)

Attending a school or educational program.

(d)

Attending the funeral of a relative or visiting sick or injured relatives.

(e)

Any other compelling reason consistent with the public interest as determined by the Sheriff.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 2009-822-E, § 1)

Note— Former § 407.101.

Sec. 646.102. - Requests for and withdrawal of privilege.

The prisoner may request in writing to the Sheriff for this privilege at the time of sentencing or thereafter. The Sheriff may withdraw the privilege at any time, with or without notice. The Sheriff may exercise the discretion granted to him by this Section personally or through a designated representative, who may be an appointed official or a board of employees, at least one of whom shall be a supervisor or manager.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 2009-822-E, § 1)

Note— Former § 407.102.

Sec. 646.103. - Collection and accounting.

If a prisoner is employed for wages or salary, the Sheriff shall collect a portion of the wages or salary earned, for the costs of boarding as set forth in this Chapter. The Sheriff shall deposit the collected portion of wages or salary in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. The City shall have a lien on the wages or salary for the cost of the prisoner's board and such wages or salary are not subject to garnishment in the hands of the Sheriff during the prisoner's term; but for tax purposes, they are income of the prisoner.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 2009-822-E, § 1)

Note— Former § 407.103.

Sec. 646.104. - Board charges; waivers.

Every prisoner gainfully employed is liable for a portion of the cost of his board in the correctional facilities. The Sheriff shall charge the prisoner's account $105 per week for his board consistent with the following conditions:

(a)

When paying in advance of the week, the prisoner will pay $105 per week, pro-rated to $15 per day.

(b)

If unable to pay in advance, the prisoner will pay $126 a week, pro-rated to $18 per day, with the additional portion of payment held in trust until such time as the prisoner is able to pay in advance of the week.

(c)

The Sheriff may waive all or any portion of the cost of board under any of the following circumstances:

(1)

Any time the net income does not exceed the normal board charge 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 board charge.

(2)

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

(3)

To satisfy a lien imposed by the courts for public defender services.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 89-872-405, § 4; Ord. 2009-822-E, § 1)

Note— Former § 407.104.

Sec. 646.105. - Order of disbursement.

The collected funds of employed prisoners shall be disbursed by the Sheriff for the following purposes in the order stated:

(a)

The board of the prisoner.

(b)

Payment of any or all debts related to incarceration the prisoner has incurred during his current or any previous incarceration.

(c)

The balance, if any, to the prisoner upon his discharge.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 2009-822-E, § 1)

Note— Former § 407.105.

Sec. 646.106. - Financial report.

The Sheriff shall make a monthly report to the Director of Finance and Administration, showing all itemized deductions, charges for board, the balance of each prisoner's account and the amount of each waiver of board charges together with the reasons for the waiver.

(Ord. 80-681-408, § 3; Ord. 83-591-400, § 1; Ord. 2009-822-E, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 407.106.

Sec. 642.113. - Extended application. Chapter 647 - DETENTION FACILITIES