Sec. 78-26. - Sheriff designated chief correctional officer.

(a)

Findings. The provisions of F.S. § 951.061 provide that the board of county commissioners, by majority vote, may adopt an ordinance designating the sheriff as the chief correctional officer of the county correctional system and further provides that he shall appoint such officers as he deems necessary and as are required by rule of the department of corrections.

(b)

Designation. Pursuant to the provisions of F.S. § 951.061, the county sheriff is hereby designated as the chief correctional officer of the county correctional system, which includes the county jail and the Immokalee Stockade; and he shall appoint such officers as he deems necessary and as are required by rule of the department of corrections.

(c)

Duties. The sheriff or his designee shall enforce all existing state laws and administrative rules of the department of corrections concerning the operation and maintenance of the county jail and the county stockade.

(Ord. No. 89-81, §§ 1, 2)

Sec. 78-27. - Gain time for prisoners.

(a)

Generally. It shall be the policy of the board of county commissioners to allow eligible county prisoners, in addition to time credits, an extra gain time allowance for meritorious conduct or exceptional industry.

(b)

Qualification for awards. A sentenced working prisoner of the county who is serving such sentence in the county jail or in the Immokalee Stockade and who faithfully performs the assignments given him in a conscientious and cheerful manner over and above that which may be normally expected of him and against whom no disciplinary report has been filed within the preceding six months, and whose conduct, personal adjustment and individual effort towards his own rehabilitation shows his desire to be a better than average inmate, may be granted, on an individual basis, from one to six days per month extra gain time to be deducted from the term of his sentence.

(c)

Procedure. The administrators of the county jail and of the Immokalee Stockade, in accordance with the rules and regulations of the state department of offender rehabilitation, may recommend such awards to the board of county commissioners, which shall review the recommendations and may authorize such awards. Upon authorization of an award by the board of county commissioners, deduction shall be made from the term of the prisoner's sentence.

(d)

Multiple sentences. A prisoner serving two or more cumulative sentences shall be allowed extra gain time deductions as though the sentences were all one sentence, and such deductions shall be subject to forfeiture as though the sentences were all one sentence.

(e)

Method of forfeiture. Any or all of a prisoner's extra gain time may be forfeited for violation of any rule or regulation of the institution in which he is serving his sentence. The method of forfeiture shall be as follows: A written charge shall be prepared specifying the rule or regulation which the prisoner is accused of violating and the approximate date of such violation. A copy of the charge shall be delivered to the prisoner, and he shall be given notice of hearing before a disciplinary committee of staff members created in accordance with chapter 10B-17 of the Florida Administrative Code at the institution in which he is serving his sentence. He shall be present at such hearing. If at such hearing the prisoner pleads guilty to the charge, or such committee determines from the evidence presented that he is guilty as charged, they shall find him guilty; and if they consider that all or a part of the prisoner's extra gain time should be forfeited, they shall so recommend in their written report, which shall be presented to the board of county commissioners. The board of county commissioners may thereupon, at their discretion, declare the forfeiture or any part thereof approved.

(f)

Restoration of forfeited extra gain time. Upon recommendation of the administrator of the institution where a prisoner is serving a sentence, the board of county commissioners, at their discretion, may restore all or any part of a prisoner's gain time which has been forfeited.

(Ord. No. 76-24, §§ 1—6)

Cross reference— General penalty for ordinance violations, § 1-6.

State law reference— Gain time for county prisoners, F.S. § 951.23.

Sec. 78-28. - Sale of canned goods.

The division of corrections is authorized to sell canned goods to jails and stockades in the county.

(Laws of Fla. ch. 63-581, § 1; Laws of Fla. ch. 65-1026, § 1)

Editor's note—

The act codified in the above section was repealed as a state act and assumed ordinance status pursuant to Laws of Fla. ch. 71-29.

Secs. 78-29—78-50. - Reserved.