TITLE 42
State Affairs and Government

CHAPTER 42-56
Corrections Department

SECTION 42-56-24


§ 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 his or her 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 his or her 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) the director, or his or her 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 his or her 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 his or her 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 who has faithfully engaged in institutional industries there shall, with the consent of the director, upon the recommendations to him or her by the assistant director, institutions/operations, be deducted from the term or terms of the prisoner an additional two (2) days a month.

(g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b), 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 his/her 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, they 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.

History of Section.
(P.L. 1976, ch. 290, § 1; P.L. 1991, ch. 183, § 2; P.L. 2008, ch. 9, art. 7, § 2; P.L. 2010, ch. 239, § 13; P.L. 2012, ch. 150, § 1; P.L. 2012, ch. 152, § 1.)