Florida Statute 951.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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F.S. 951.21

951.21 Gain-time for good conduct for county prisoners.—

(1) Commutation of time for good conduct of county prisoners shall be granted by the board of county commissioners unless, by a majority vote of the board of county commissioners, the board elects to discontinue or revise gain-time policies for good conduct. If the board of commissioners authorizes commutation of time for good conduct, the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against a county prisoner: up to 5 days per month off the first and second years of the sentence; up to 10 days per month off the third and fourth years of the sentence; up to 15 days per month off the fifth and all succeeding years of the sentence. Where no charge of misconduct is sustained against a county prisoner, the deduction shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deduction allowable, will equal a month. A county prisoner under two or more cumulative sentences shall be allowed commutation as if they were all one sentence.

(2) For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation which shall have accrued in favor of a county prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the state or county then such forfeiture may be set aside by the board of county commissioners if in its judgment the prisoner’s subsequent conduct entitles him or her thereto.

(3) The board of county commissioners, upon recommendation of the warden or sheriff, may adopt a policy to allow for county prisoners, in addition to time credits, an extra good-time allowance for meritorious conduct or exceptional industry not to exceed 5 days per month.

(4) All or any part of the gain-time earned by a county prisoner and any extra gain-time allowed him or her, if any, shall be subject to forfeiture by the board of county commissioners upon recommendation of the sheriff or warden for violation of any law of the state or any rule or regulation of the board or institution.

History.—s. 23, ch. 3883, 1889; RS 3059; GS 4140; s. 1, ch. 6177, 1911; s. 1, ch. 6917, 1915; RGS 6231; CGL 8567; s. 1, ch. 18065, 1937; s. 1, ch. 19199, 1939; s. 1, ch. 25210, 1949; s. 1, ch. 28300, 1953; s. 1, ch. 61-347; s. 1, ch. 65-220; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 98, ch. 77-120; s. 501, ch. 81-259; s. 1700, ch. 97-102; s. 2, ch. 99-361.

Note.—Former s. 954.06.

F.S. 951.21 on Google Scholar

F.S. 951.21 on Casetext

Amendments to 951.21

Arrestable Offenses / Crimes under Fla. Stat. 951.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 951.21.

Annotations, Discussions, Cases:

Cases Citing Statute 951.21

Total Results: 20

Fox v. Sam Johnson, Chairman Polk County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-02T00:00:00-07:00

Citation: 141 So. 3d 709, 2014 WL 2958589, 2014 Fla. App. LEXIS 10147

Snippet: Commissioners to award him gain time pursuant to section 951.21(1), Florida Statutes (1993), which concerns gain…legal duty, or even the power, to award him section 951.21(1) gain time against his DOC sentences. See…to award defendant gain time pursuant to section 951.21, Florida Statutes (1995), for time the defendant

Birdsong v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-09T00:00:00-07:00

Citation: 875 So. 2d 725, 2004 Fla. App. LEXIS 8021, 2004 WL 1252685

Snippet: for good behav*726ior for county prisoners. See § 951.21, Fla. Stat. (2002). Affirmed. SALCINES and SILBERMAN

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-02-27T23:53:00-08:00

Snippet: prisoners in excess of that provided in section 951.21, Florida Statutes? In sum: The board of county …provided in section951.21, Florida Statutes. Section 951.21(1), Florida Statutes, provides: "Commutation…quot;1 In addition to the above credits, section 951.21(3), Florida Statutes, permits the county commission…industry. Initially, it must be noted that section 951.21, Florida Statutes, applies to county prisoners …against its being done in any other way.4 Section 951.21, Florida Statutes, permits a board of county commissioners

Haines v. Broward County Board of Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-28T00:00:00-07:00

Citation: 695 So. 2d 818, 1997 Fla. App. LEXIS 5830, 1997 WL 280558

Snippet: Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to gain…only the temporary custody of the sheriff. Section 951.21 would not be applicable because he was not a county

STATE, DEPT. OF HEALTH & REHAB. v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:53:00-07:00

Citation: 696 So. 2d 863

Snippet: may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to be

State, Department of Health & Rehabilitative Services v. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:00:00-07:00

Citation: 696 So. 2d 863, 1997 Fla. App. LEXIS 5159

Snippet: may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to be

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-03-24T23:53:00-08:00

Snippet: exchange and transfer prisoners between counties); s. 951.21, Fla. Stat. (county commission may adopt policy

Jaye v. Royal Saxon, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-18T23:53:00-08:00

Citation: 687 So. 2d 978

Snippet: had already paid, leaving a total deficit of $47,951.21 beyond the $56,000 in escrow. Jaye, through new

In re Amendment to Florida Rule of Criminal Procedure 3.220(h)

Court: Fla. | Date Filed: 1995-12-21T00:00:00-08:00

Citation: 668 So. 2d 951, 21 Fla. L. Weekly Supp. 1, 1995 Fla. LEXIS 2042, 1995 WL 753803

Snippet: Overton, Shaw, Wells 21 December 1995 668 So. 2d 951, 21 Fla. L. Weekly Supp. 1, 1995 Fla. LEXIS 2042, 1995

Holloway v. Franklin

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-04T00:00:00-07:00

Citation: 652 So. 2d 1217, 1995 Fla. App. LEXIS 3374, 1995 WL 141143

Snippet: “good or gain time” as provided for by section 951.21, Florida Statutes (1993). Thereafter petitioner

George v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-21T00:00:00-08:00

Citation: 651 So. 2d 180, 1995 Fla. App. LEXIS 1639, 1995 WL 67079

Snippet: other form of early release credit. Under section 951.21, Florida Statutes (1993), it is the Board of County

Perry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-15T00:53:00-07:00

Citation: 639 So. 2d 1090

Snippet: jail or gain time earned on the first order. See § 951.21, Fla. Stat. (1991). I note that if after two violations

Gaston v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-05T23:53:00-08:00

Citation: 613 So. 2d 496

Snippet: incarceration in the Manatee County Jail. See § 951.21, Fla. Stat. (1991). Gaston later wrote a letter…awarded to county jail inmates pursuant to section 951.21. The circuit court subsequently granted a formal

DelToro v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-17T00:00:00-07:00

Citation: 584 So. 2d 51, 1991 Fla. App. LEXIS 6993, 1991 WL 131914

Snippet: credit applied against his sentence. While section 951.21, Florida Statutes (1989), authorizes awards of … Corrections. Commutation of time under section 951.21 is to be granted by the local board of county commissioners

Waters v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-01T00:00:00-08:00

Citation: 520 So. 2d 678, 13 Fla. L. Weekly 543, 1988 Fla. App. LEXIS 688, 1988 WL 14584

Snippet: the purpose of earning gain time under section 951.21, Florida Statutes. We find the rationale of Van

Metro. Dade Cty. v. PL DODGE FOUND

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-23T00:53:00-07:00

Citation: 509 So. 2d 1170

Snippet: facility may not receive gaintime as provided by s. 951.21." Section 901.35 contemplates that the health

Metropolitan Dade County v. P.L. Dodge Foundations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-23T00:00:00-07:00

Citation: 509 So. 2d 1170, 12 Fla. L. Weekly 1534, 1987 Fla. App. LEXIS 9027

Snippet: facility may not receive gain-time as provided by s. 951.21.” Section 901.35 contemplates that the health care

State v. Castro

Court: Fla. Dist. Ct. App. | Date Filed: 1986-07-09T00:53:00-07:00

Citation: 491 So. 2d 313

Snippet: effect of section 27.3455(1) was to amend section 951.21 (county jail gain-time), section 944.275 (state…the basis of its relationship to either sections 951.21 or 944.275 pertaining to gain-time, inasmuch as

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-06-24T00:53:00-07:00

Snippet: authority of boards of county commissioners), and 951.21(3) and (4), F.S. (board of county commissioners

Van Tassel v. Coffman

Court: Fla. | Date Filed: 1986-02-26T23:53:00-08:00

Citation: 486 So. 2d 528

Snippet: provisions of the gain time statute set forth in section 951.21 or 944.275, Florida Statutes (1983). There is no… the purpose of earning gain time under section 951.21. Van Tassel, having earned the ordinary gain time