House Bill 0253

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1999                 HB 253

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to county and municipal jails;

  3         amending s. 951.21, F.S.; providing that the

  4         gain-time awarded to county prisoners by the

  5         board of county commissioners is optional;

  6         deleting a provision requiring that the

  7         allowances awarded to county prisoners for good

  8         behavior be awarded according to the policy of

  9         the Department of Corrections for such awards

10         for state prisoners; amending s. 951.23, F.S.;

11         providing that it is a second degree

12         misdemeanor for a prisoner to knowingly and

13         willfully refuse to obey certain rules

14         governing prisoner conduct; providing an

15         effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 951.21, Florida Statutes, is

20  amended to read:

21         951.21  Gain-time for good conduct for county

22  prisoners.--

23         (1)  Commutation of time for good conduct of county

24  prisoners may shall be granted by the board of county

25  commissioners., and The following deductions shall be made

26  from the term of sentence when no charge of misconduct has

27  been sustained against a county prisoner: 5 days per month off

28  the first and second years of the sentence; 10 days per month

29  off the third and fourth years of the sentence; 15 days per

30  month off the fifth and all succeeding years of the sentence.

31  Where no charge of misconduct is sustained against a county

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 253

    563-152-99






  1  prisoner, the deduction shall be deemed earned and the

  2  prisoner shall be entitled to credit for a month as soon as

  3  the prisoner has served such time as, when added to the

  4  deduction allowable, will equal a month.  A county prisoner

  5  under two or more cumulative sentences shall be allowed

  6  commutation as if they were all one sentence.

  7         (2)  For each sustained charge of escape or attempted

  8  escape, mutinous conduct, or other serious misconduct, all the

  9  commutation which shall have accrued in favor of a county

10  prisoner up to that day shall be forfeited, except that in

11  case of escape if the prisoner voluntarily returns without

12  expense to the state or county then such forfeiture may be set

13  aside by the board of county commissioners if in its judgment

14  the prisoner's subsequent conduct entitles him or her thereto.

15         (3)  The board of county commissioners, upon

16  recommendation of the warden or sheriff, may adopt a policy to

17  allow for county prisoners, in addition to time credits, an

18  extra good-time allowance for meritorious conduct or

19  exceptional industry, in accordance with the existing policy

20  of the Department of Corrections for such awards for state

21  prisoners.

22         (4)  All or any part of the gain-time earned by a

23  county prisoner and any extra gain-time allowed him or her, if

24  any, shall be subject to forfeiture by the board of county

25  commissioners upon recommendation of the sheriff or warden for

26  violation of any law of the state or any rule or regulation of

27  the board or institution.

28         Section 2.  Subsection (11) is added to section 951.23,

29  Florida Statutes, 1998 Supplement, to read:

30         951.23  County and municipal detention facilities;

31  definitions; administration; standards and requirements.--

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 253

    563-152-99






  1         (11)  It is a misdemeanor of the second degree,

  2  punishable as provided in s. 775.082 or s. 775.083, for any

  3  prisoner in a county detention facility or municipal detention

  4  facility to knowingly and willfully, on two or more occasions,

  5  refuse to obey any rule governing the conduct of prisoners

  6  adopted under subsection (4) and set forth in the model

  7  standards for county and municipal detention facilities.

  8  Punishment for a violation of this subsection shall be added

  9  to the sentence the prisoner is serving at the time of the

10  offense.

11         Section 3.  This act shall take effect July 1, 1999.

12

13            *****************************************

14                          SENATE SUMMARY

15    Provides that the gain-time granted to county prisoners
      for good conduct is at the discretion of the board of
16    county commissioners. Deletes a requirement that
      allowances awarded to county prisoners for good conduct
17    comply with the policy of the Department of Corrections.
      Provides that it is a second degree misdemeanor for a
18    county or municipal prisoner to knowingly and willfully,
      on two or more occasions, refuse to obey rules governing
19    prisoner conduct.

20

21

22

23

24

25

26

27

28

29

30

31

                                  3