26-07-B, SUPERSEDES 21-22-B AMENDED IN RE: JAIL - FARM TIME - ALTERNATIVE TO INCARCERATION PROGRAM (ATIP) – ORDERED 1/21/2026 BY MELANIE CHASE
This Administrative Order sets forth the procedure for acceptance into the Alternative To Incarceration Program (ATIP), which shall include individuals sentenced to work duty at the Sheriff’s Farm located at the Brevard County Sheriff’s Office Jail Complex, 860 Camp Road, Cocoa, FL 32927, or other locations as determined by the Sheriff or the Sheriff’s designee, as a part of being sentenced to the Brevard County Jail.
This Administrative Order applies to orders imposing incarceration in the Brevard County Jail in excess of 14 days either as a sentence or as a condition of probation, and to all Circuit or County Court orders directing that an individual report to the Sheriff’s Farm for work duty as a condition of his or her felony or misdemeanor sentence. ATIP eligibility is extended only where such incarceration is imposed on a nonviolent charge that does not involve lewdness, sexual impropriety, or a firearm, and that is either a misdemeanor or a third-degree felony.
I. Judicial Determination of Eligibility
The sentencing order imposing such incarceration or an amendment thereto shall reflect a determination as to the defendant’s eligibility for inclusion in the ATIP (e.g. “ATIP Eligible,” “Not ATIP Eligible,” or “ATIP Eligible After X Days”) or impose work duty at the Sheriff’s Farm. The defendant’s eligibility for inclusion in the ATIP shall be governed by that determination.
In determining whether a defendant shall be deemed eligible for inclusion in the ATIP or to spend certain days at the Sheriff’s Farm, the Court, in its discretion, may consider whether the defendant’s early release from custody poses a danger of injury or damage to the person or property of another, and may consider all other factors relative to benefits and detriments of the defendant’s incarceration or service on the Sheriff’s farm or elsewhere.
If the sentencing order does not address the defendant’s ATIP eligibility, the State Attorney, the attorney for the defendant, and/or the Sheriff’s Jail Commander or his/her designee may request that the sentencing judge amend the sentencing order to reflect a determination as to ATIP eligibility.
II. Sheriff’s Assessment
Upon receipt of an order imposing such incarceration and determining that the defendant is eligible for inclusion in the ATIP, the Sheriff’s Jail Commander or his/her designee shall promptly assess whether:
- The incarceration was imposed on a nonviolent misdemeanor or non-violent third-degree felony that did not involve lewdness, sexual impropriety, or a firearm;
- The incarceration did not constitute a mandatory jail sentence;
- The defendant is not serving any other sentence, the subject of any hold, or the subject of any pending criminal charge;
- The defendant is not on felony probation or community control;
- The defendant has not previously been convicted of any violent crime, a crime involving lewd conduct or sexual impropriety, or any crime involving a firearm; and
- There exists a substantial likelihood that the defendant shall appear and perform assigned tasks at the Sheriff’s Farm or such other location at which work is to be performed in connection with the ATIP.
If the Sheriff’s Jail Commander or his/her designee determines that the defendant does not meet any of the foregoing criteria, such defendant shall be excluded from the ATIP.
III. Medical Evaluation
Upon assessing that the defendant qualifies for inclusion in the ATIP in accordance with the foregoing criteria, the Sheriff shall expedite the defendant’s medical evaluation. The Sheriff shall be entitled to rely on the information provided by the defendant to the Sheriff or his/her employees or agents relative to the defendant’s medical history and treatment, as well as with respect to the defendant’s training, work experience, and familiarization with various tools and equipment.
The Sheriff’s Jail Commander or his/her designee may exclude from ATIP any defendant whose medical evaluation does not conclusively demonstrate that such defendant is capable of performing the types of work that may be assigned to the defendant without significant health risk to the defendant or others. Notwithstanding the foregoing, the Sheriff and the Sheriff’s employees and agents shall not be liable to the defendant for the evaluation performed pursuant to this provision, and the defendant shall sign a release in the form attached to this Administrative Order if such defendant wishes to be sentenced to the ATIP.
IV. Medical Coverage
Although the Sheriff has secured a Special Risk Blanket Accident Insurance Policy, neither the Sheriff nor the Brevard County Board of County Commissioners shall have any obligation to provide accident or medical insurance coverage or medical care and services above the policy limits to such defendants. Each defendant who voluntary elects to serve a portion of his or her sentence at the Sheriff’s Farm shall be responsible for the costs of medical care resulting from injuries incurred in performing work in connection with the ATIP, and shall carry his or her own medical insurance policy.
V. Acceptance into the ATIP
The Sheriff may accept a qualified defendant into the ATIP and/or release said person from the Brevard County Jail upon the defendant’s voluntary, written agreement to comply with:
- A schedule of work days equal to the number of days remaining on his or her incarceration, exclusive of any gain time or other discretionary sentence reduction;
- The rules of the ATIP and the rules applicable to performing the work whether at the Sheriff’s Farm or elsewhere; and
- Unless waived by the Court at sentencing due to indigent status, providing a one-time payment to the Brevard County Sheriff’s Office in the amount of $50.00 as contribution toward the Special Risk Blanket Accident Insurance Policy. Payment must be in the form of money order or cashier’s check payable to the “Brevard County Sheriff’s Office” and delivered on the first reporting date.
No person shall be compelled to enter into the ATIP against his or her will.
VI. Performance of Work
The Sheriff’s Jail Commander or his/her designee may have a defendant who is sentenced to the ATIP perform work at the Sheriff’s Farm or at other locations, under the supervision of employees or agents of the Sheriff. In addition, a defendant who is sentenced to the ATIP may be required to perform work at locations other than the Sheriff’s Farm under the supervision of employees or agents of the Brevard County Board of County Commissioners.
VII. Effect on Probation
If the defendant is sentenced to incarceration as a condition of probation and released into the ATIP, appearance at the Sheriff’s Farm and completion of the assigned tasks at the Sheriff’s Farm or elsewhere shall constitute a condition of the defendant’s probation.
Acceptance into the ATIP shall not constitute a modification of the defendant’s sentence or probation.
The defendant shall report to his or her probation officer within 24 hours of release (excluding weekends and holidays) that he or she has been released into the ATIP.
VIII. Failure to Appear and Perform
In the event that a person accepted into the ATIP or otherwise ordered to report to the Sheriff’s Farm located at the Brevard County Sheriff’s Office Jail Complex for work duty fails to appear and perform the assigned tasks at the Sheriff’s Farm or elsewhere, the Sheriff’s Jail Commander or his/her designee shall promptly notify the sentencing judge who may issue a bench warrant for the defendant’s arrest and detention in the Brevard County Jail for the balance of his or her sentence.
In the event that the defendant is on probation, the Sheriff’s Jail Commander or his/her designee shall promptly notify the defendant’s probation officer, if any, who may submit an affidavit of violation of probation for issuance of a warrant for violation of probation.
IX. Protection from Liability
The Sheriff of Brevard County and any and all sheriff’s deputies, corrections officers, employees and agents, including, without limitation, the Sheriff’s Jail Commander or his/her designee, shall be afforded protection from liability for damages arising from the fulfillment their duty pursuant to this Administrative Order, including but not limited to, supervising defendants who are performing work under the ATIP, to the extent provided by law. In addition, the Brevard County Board of County Commissioners and its employees and agents shall be afforded protection from liability for damages arising from the fulfillment of their duty pursuant to this Administrative Order, including but not limited to, supervising defendants who are performing work under the ATIP, to the extent provided by law. Moreover, prior to participating in the ATIP or working in any capacity at the Sheriff’s Farm to fulfill a sentencing obligation, the defendant shall sign a release in the form attached to this Administrative Order if such defendant voluntarily chooses to be sentenced to the ATIP.
DONE AND ORDERED this 21st day of January 2026.
MELANIE CHASE
CHIEF JUDGE