§ 42-56-24. Earned time for good behavior or program participation or completion.
(a) A person serving a sentence of a violation of § 11-5-1 (where the specified felony is murder), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall not be eligible to earn time off their term or terms of incarceration for good
behavior.
(b) The director, or the director's designee, shall keep a record of the conduct of each
prisoner, and for each month that a prisoner who has been sentenced to imprisonment
for six (6) months or more and not under sentence to imprisonment for life, appears
by the record to have faithfully observed all the rules and requirements of the institutions
and not to have been subjected to discipline, and is serving a sentence imposed for
violation of sexual offenses under § 11-37-4, § 11-37-6, § 11-37-8, or § 11-9-1.3 there shall, with the consent of the director of the department of corrections, or
the director's designee, upon recommendation to him or her by the assistant director
of institutions/operations, be deducted from the term or terms of sentence of that
prisoner the same number of days that there are years in the term of his or her sentence;
provided, that when the sentence is for a longer term than ten (10) years, only ten
(10) days shall be deducted for one month's good behavior; and provided, further,
that in the case of sentences of at least six (6) months and less than one year, one
day per month shall be deducted.
For the purposes of this subsection computing the number of days to be deducted for
good behavior, consecutive sentences shall be counted as a whole sentence. This subsection
recognizes the serious nature of sex offenses; promotes community safety and protection
of the public; and maintains the ability of the department of corrections to oversee
the rehabilitation and supervision of sex offenders.
(c) For all prisoners serving sentences of more than one month, and not serving a sentence
of imprisonment for life or a sentence imposed for a violation of the offenses identified
in subsection (a) or (b) of this section the director, or the director's designee,
shall keep a record of the conduct of each prisoner, and for each month that prisoner
has faithfully observed all the rules and requirements of the institutions and has
not been subjected to discipline, there shall, with the consent of the director of
the department of corrections or the director's designee and upon recommendation by
the assistant director of institutions/operations, be deducted from the term or terms
of sentence of that prisoner ten (10) days for each month's good behavior.
(d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct,
as determined by the assistant director, institutions/operations, subject to the authority
of the director, there shall be deducted one day from the time he or she shall have
gained for good conduct.
(e) The assistant director, or the assistant director's designee, subject to the authority
of the director, shall have the power to restore lost good conduct time in whole or
in part upon a showing by the prisoner of subsequent good behavior and disposition
to reform.
(f) For each month that a prisoner who has been sentenced to imprisonment for more than
one month and not under sentence to imprisonment for life has faithfully engaged in
institutional industries there shall, with the consent of the director, upon the recommendation
to the director by the assistant director, institutions/operations, be deducted from
the term or terms of the prisoner an additional two (2) to five (5) days a month.
(g) Except those prisoners serving a sentence imposed for violation of subsection (a)
or (b) of this section, for each month that a prisoner who has been sentenced to imprisonment
for more than one month and not under sentence to imprisonment for life has participated
faithfully in programs that have been determined by the director or the director's
designee to address that prisoner's individual needs that are related to his/her criminal
behavior, there may, with the consent of the director and upon the recommendation
of the assistant director, rehabilitative services, be deducted from the term or terms
of the prisoner up to an additional five (5) days a month. Furthermore, whenever the
prisoner has successfully completed such program, there may; with the consent of the
director and upon the recommendation by the assistant director, rehabilitative services,
be deducted from the term or terms of the prisoner up to an additional thirty (30)
days.
(h)(1) A person who is serving a term or terms of a probation sentence of one year or longer,
including a person who has served a term of incarceration followed by a probation
sentence, except those serving a term of probation for a sentence in violation of
§ 11-5-1 (where the specified felony is murder or sexual assault), § 11-23-1, § 11-26-1.4, § 11-37-2, § 11-37-8.1, or § 11-37-8.3 shall upon serving three years of their probation sentence be eligible to earn time
off their term or terms of the probation sentence for compliance with court-ordered
terms and conditions of probation. Calculation of these credits shall commence upon
the probationer's completion of all terms of incarceration.
(2) The director, or the director's designee, shall keep a record of the conduct of each
probationer. For each month that the probationer has not had a judicial finding of
a violation of conditions of probation, there shall, with the consent of the director
of the department of corrections, or designee, upon recommendation of the assistant
director of institutions/operations, or designee, be deducted from the term or terms
of the probationer's sentence ten (10) days for each month's compliance with the terms
and conditions of his or her probation.
(3) For each month that a violation of probation is pending the probationer shall not
be eligible to earn probation compliance credits. In the event there is a judicial
determination that the probationer did not violate his or her terms and conditions
of probation, credit will be awarded retroactive to the date of the filing of the
probation violation. In the event there is a judicial determination that the probationer
did violate his or her terms and conditions of probation, the probationer shall not
be awarded compliance credits for the time during which the violation was pending,
and further, the court may order revocation of prior earned compliance credits.
(4) The probation department of the department of corrections shall keep a record of the
probationer's sentence to include the person's end of sentence date based on earned
credits for compliance with their terms and conditions of probation.
(5) This section shall apply to all individuals sentenced to probation, including those
sentenced prior to enactment of the statute. However, the award of probation compliance
credits shall be prospective only from the date of enactment of the statute.