§ 26-1. Gain time for inmates, prisoners.

(a)

Purpose. The purpose of this section is to adopt policy and establish procedures enabling county prisoners to earn, for meritorious conduct and/or exceptional industry, additional nonstatutory gain time allowances from the term of their sentence.

(b)

Definitions. For the purpose of this section, certain terms or words used herein shall be interpreted to mean the following, unless another meaning is plainly intended:

Additional gain time and/or nonstatutory gain time shall mean and include work gain time, constructive gain time, and program gain time, all as defined herein.

Chief shall mean the Chief Correctional Officer of the Orange County Department of Corrections.

Classification officer shall mean the classification supervisor of the county department of corrections or his appropriate designee.

Constructive gain time shall mean sentence deductions awarded to an inmate who is unable to work or participate in programs but whose conduct demonstrates a constructive utilization of time.

Department shall mean the Orange County Department of Corrections.

Inmate and/or prisoner shall mean a person, under a sentence of the court upon conviction for a crime, who has been committed to the custody of the county department of corrections.

Program gain time shall mean sentence deductions awarded to an inmate who faithfully participates in an approved course of academic programs, life learning skills, substance abuse treatment, human growth and development, job training programs or vocational study.

Work gain time shall mean sentence deductions awarded to an inmate for labor performed in work programs as defined herein.

Work program shall mean any inmate work program so designated by the Chief.

(c)

Work gain time. Eligibility for work gain time shall be as follows:

(1)

Eligibility. An inmate who participates in work programs is eligible to receive an award of in conjunction with F.S. § 951.21(3), as amended, from time to time provided the inmate has accomplished in a satisfactory and acceptable manner the work, duties, and tasks assigned.

(2)

Work gain time may be awarded by the classification supervisor or designee based upon a consideration of the inmate's conduct, adjustment, effort, and conscientiousness, the kinds and appropriateness of activities, sincerity, and similar attributes.

(d)

Constructive gain time. Eligibility and criteria for constructive gain time shall be as follows:

(1)

Eligibility:

a.

Inmates who are confined for reasons other than discipline, or who do not participate in a program because of age, illness or infirmity supported by medical documentation and approval by the department, but who otherwise demonstrate a constructive utilization of time may be granted constructive gain time allowances up to the same number of days granted to inmates participating in sanctioned programs or work programs.

b.

An inmate may not be credited with constructive gain time, program gain time and work gain time for the same time period.

(2)

Basis for award of constructive gain time. Constructive gain time may be awarded by the classification supervisor or designee based upon a consideration of the inmate's conduct, adjustment, effort, and conscientiousness, the kinds and appropriateness of activities, sincerity, and similar attributes.

(e)

Program gain time. Eligibility and criteria for program gain time shall be as follows:

(1)

Eligibility. Inmates who faithfully participate in an approved program of academic, life learning skills, substance abuse treatment, human growth and development, job training programs or vocational study, may be granted program gain time per full month or a proportionate lesser amount for part of a month up to the maximum number of days, authorized by F.S. § 951.21(3), as amended from time to time.

(2)

Basis for award of program gain time. Program gain time may be awarded by the classification supervisor or designee based upon a consideration of the inmate's conduct, adjustment, effort, and conscientiousness, the kinds and appropriateness of activities, sincerity, and similar attributes.

(f)

Additional gain time for good conduct. Gain time allowances established by this section are in addition to such good conduct statutory time credits allowed county prisoners in accordance with F.S. § 951.21(1).

(g)

Forfeiture of additional gain time. Any additional gain time awarded an inmate in accordance with the provisions of this section is subject to forfeiture for a violation of disciplinary rules.

(h)

Implementation. The county department of corrections and the divisions are hereby authorized to develop internal procedures for the implementation of the policies contained herein.

(Ord. No. 89-15, §§ 1—9, 10-23-89; Ord. No. 2004-11, § 2, 9-14-04)

State law reference

Authority to provide additional gain time, F.S. § 951.06.

Cross reference

General penalty for ordinance violations, § 1-9.