The Bad News on Federal Prison Good Time

The Bad News on Good Time: A Federal Judge in Wisconsin who ruled on April 23, 2004, that the Federal Bureau of Prisons (BOP) interpretation of calculating federal good time was incorrect and was overruled by the Seventh Circuit Court of Appeals on January 16, 2005. The Seventh Circuit ruled that the statue is ambiguous and that the BOPs interpretation is entitled to deference. In short, this means that the BOP will continue to calculate good time at 47 days per year.

(PRWEB) March 3, 2005 -- Federal Bureau of Prisons Program Statement 5884: Good Conduct Time Under the Prison Litigation Reform Act (PLRA): Good conduct time for inmates sentenced under the Prison Litigation Reform Act will be awarded in accordance with 18 U.S.C. § 3624 (b) and 28 CFR § 523.20.

When considering good conduct time for an inmate serving a sentence for an offense committed on or after April 26, 1996, the Bureau shall award:

(1) 54 days credit for each year served (prorated when the time served for the sentence during the year is less than a full year) if the inmate has earned or is making satisfactory progress toward earning a GED credential or high school diploma, or

(2) 42 days credit for each year served (prorated when the time served by the inmate for the sentence during the year is less than a full year) if the inmate has not earned or is not making satisfactory progress toward earning a GED credential or high school diploma.

The amount of good conduct time awarded for the year is also subject to disciplinary disallowance.

In awarding GCT credit, the Bureau shall consider whether the inmate, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or equivalent degree. This rule provides that an inmate subject to the PLRA shall earn up to the full 54 days credit for GCT (prorated for a partial year at the end of the sentence) if the inmate has earned or is making satisfactory progress toward earning a GED credential.

The rule further provides that an inmate subject to the PLRA shall earn up to 42 days credit for GCT per year (prorated for a partial year at the end of the sentence) if the inmate has not earned or is not making satisfactory progress toward earning a GED credential.

The amount of GCT earned is also subject to disciplinary forfeiture or disallowance.

For further information, Federal Prison Consultants, Inc. can be contacted at 800.431.6258 or via our web site at www.FederalPrisonConsultants.com.

###