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GT-WT-MT C-350 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: GOOD TIME/WORK TIME/MISCELLANEOUS TIME NO: C-350 FILE: GT-WT-MT EFFECTIVE DATE: 12-25-94 REVISED: 06-04-95, 06-01-97, 01-01-99, 09-01-99 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Captain R. Wiley REFERENCE: Penal Code Sections 2932, 4018.6, 4019, and 4024.1; U.S. Supreme Court, Lynce v. Mathis (1997). PURPOSE: The purpose of this policy is to establish and maintain uniform and consistent methods for the calculation of time credit for work and good behavior. POLICY: It is the policy of the Fresno County Sheriffs Department Detention Bureau that for each six-day period in which an inmate is confined in or committed to the jail, one day shall be deducted from their period of confinement unless it appears by the record that the inmate has refused to satisfactorily perform labor as assigned by the Sheriff(i.e., "work time"). It is the policy of the Fresno County Sheriffs Department Detention Bureau that for each six-day period in which an inmate is confined in or committed to the jail, one day shall be deducted from their period of confinement unless it appears by the record that the inmate has not satisfactorily complied with the reasonable rules and regulations established bythe Sheriff (i.e., "good time"). It is the policy of the Fresno County Sheriffs Department Detention Bureau that no deduction may be made for good time or work time unless the inmate is committed for a period of six days or longer. It is the policy of the Fresno County Sheriffs Department Detention Bureau as per PC 4018.6 that the Sheriff may authorize the temporary release without custody of any inmate for purposes preparatory to their return to the community. Any such temporary removal shall not be for a period of more than three days (i.e., "miscellaneous time"). Page 1 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: GOOD TIME/WORK TIME/MISCELLANEOUS TIME NO: C-350 FILE: GT-WT-MT It is the policy of the Fresno County Sheriffs Department Detention Bureau as per PC 4024.1 to accelerate the release of sentenced inmates up to a maximum of five days. The number of days that release of sentence is accelerated shall in no case exceed 10 percent of the particular inmate's original sentence, prior to the application thereto of any other credits authorized by law (i.e., "miscellaneous time"). PROCEDURES: I. CALCULATION OF GOOD TIME/WORK TIME A. The CMS system is programmed to automatically calculate the applicable good time and work time credits based on an internal formula which uses the sentence days (SEN-DAYS) and credit for time served (CFTS) values. B. If a judge has ordered that no good time and/or work time be applied towards an inmate's release date, the JCHG screen will need to be recalled afterthe commitment information has been entered. [Ifa"0"was entered, the system will override the entry and enter a number based on the days sentenced.] Retrieve the screen, enter the "0" and modify the JCHG screen. II. CALCULATION OF MISCELLANEOUS TIME Miscellaneous time is the number of days for which an inmate is given credit based on the original length of their sentence. The officer making the CMS commitment entry shall calculate the miscellaneous time based on the formula provided by the Court: A. Per PC 4018.6, inmates sentenced to ten (10) days or longer shall be credited three (3) days of miscellaneous time. Page 2 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: GOOD TIME/WORK TIME/MISCELLANEOUS TIME NO: C-350 FILE: GT-WT-MT B. Per PC 4024.1, inmates sentenced to ten (10) days or longer shall be credited no more than five (5) days of miscellaneous time as follows: Sentenced Number of Days Miscellaneous Time 0 - 9 0 10 - 19 1 20 - 29 2 30 - 39 3 40 - 49 4 50 or more 5 C. If there are consecutive charges, the miscellaneous time shall only be placed on the charge with the latest release date. III. LOSS OF GOOD TIME CREDIT A. A sentenced inmate may lose good time credit for violation of any rule of conduct. B. Not more than 30 days of credit may be denied or lost for a single act of misconduct defined as a serious disciplinary offense. C. Loss of good time shall be debited from an inmate's release date via the TMGD event. The NEW-VAL field shall be the applicable number of days lost. The event shall be completed, the charge number the time is to be taken away from shall be listed in the JCHG-NO field, and the reason for the loss of good time credit shall be noted in the DESCRIP field (i.e., the JREP number). Page 3 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: GOOD TIME/WORK TIME/MISCELLANEOUS TIME NO: C-350 FILE: GT-WT-MT IV. LOSS OF WORK TIME A. Work time credit is a privilege, not a right. Work time credit must be earned and may be forfeited if the inmate has refused to satisfactorily perform labor as assigned or has committed a serious disciplinary infraction while participating in work. B. Once earned, work time credit cannot be taken away. C. A sentenced inmate may lose unearned work time credit for refusal to work, or for a serious disciplinary infraction while participating in work. D. Not more than 30 days of credit may be denied or lost for a single failure or refusal to participate. Any act of misconduct described as a serious disciplinary infraction while participating in work shall be deemed a failure to participate. E. Loss of unearned work time shall be debited to an inmate's release date via the TMWD event. The NEW-VAL field shall be the applicable number of days lost. The event shall be completed, the charge number the time is be taken away from shall be listed in the JCHG-NO field, and the reason for the loss of work time credit shall be noted in the DESCRIP field (i.e., the JREP number). V. LOSS OF MISCELLANEOUS TIME Miscellaneous time credits cannot be taken away from any inmate, even if those time credits were intended to reduce overcrowding. VI. RETURN OF GOOD TIME If an inmate is awarded the return of good time previously removed, the return of the good time shall be credited to the inmate's release date via the TMGC event. The NEW-VAL field shall be the applicable number of days to be credited. The event shall be completed, the charge number that the time is to be given back to shall be listed in the JCHG-NO field, and the reason for the return of good time credit shall be noted in the DESCRIP field. Page 4 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: GOOD TIME/WORK TIME/MISCELLANEOUS TIME NO: C-350 FILE: GT-WT-MT VI I. RETURN OF UNEARNED WORK TIME A. If an inmate previously removed from worker status with a loss of all unearned work time is reassigned to worker status, the inmate shall be credited with a return of all work time earned from that date forth. B. The return of work time shall be credited to the inmate's release date via the TMWC event. The NEW-VAL field shall be the applicable number of days to be credited. The event shall be completed, the charge number that the time is to be given back to shall be listed in the JCHG-NO field, and the reason for the return of work time credit shall be noted in the DESCRIP field. Page 5 of 5