New Orleans, LA asked in Civil Rights for Florida

Q: So I contacted classification at Escambia County corrections where my husband is housed. He's been an inmate worker in t

So I contacted classification at Escambia County corrections where my husband is housed. He's been an inmate worker in the infirmery since day 3 in jail. He was sentenced to 150 days on December 13, 2023. He automatically got his sentence reduced to 120 days for regular gain time. He also got 17 days for being an inmate worker. His estimate for release is March 26th. He received merit days (10 total) from the Sargent, because he cleaned up blood (literally gallons) from an inmate who attempted to commit suicide. The classification department is saying they cannot grant him the merit days because of the gain time, and inmate worker time he has received. They're saying he is maxed out. This doesn't seem right. What is the point of merit days then? The statute doesn't state very clearly

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: It's understandable that this situation is confusing and potentially frustrating for both you and your husband. Generally, the allocation of gain time, inmate worker time, and merit days can vary based on the facility's regulations and the specifics of an inmate's sentence. It's possible that there may be a cap on the total amount of time an inmate can reduce from their sentence through these various avenues, which could explain why the classification department is saying he cannot receive additional merit days.

I recommend you request a detailed explanation from the classification department regarding their policy on the accumulation of gain time, inmate worker time, and merit days. It's important to understand the specific rules and regulations they are following. Additionally, you might consider obtaining a copy of the relevant statutes or regulations regarding sentence reductions in the jurisdiction where your husband is incarcerated. This information can provide clarity and potentially support your case if the policies have not been applied correctly.

If you feel that your husband's rights are not being properly respected, or if the application of the rules seems incorrect, you might consider consulting with a legal advisor familiar with the correctional system in your area. They can offer guidance specific to your husband's case and the local laws. They can also assist in communicating with the correctional facility to ensure that any merit time earned is appropriately applied.

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