Limitations on Sentence Credits
States have created limitations on who can earn time, and how much they can earn, based on their conviction and behavior in prison. Limits are common in states that follow a truth-in-sentencing model, or states that require people to serve a minimum amount of time in prison such as at least 85% or more of their sentence.
In Kansas, an individual cannot receive more than either 15% or 20% of their prison term in good time, depending on the type of crime and the severity level. § 21-6821. Most individuals are eligible for 15%, though those with less serious drug crimes are eligible for up to 20%.
Many states tier the amount of time that someone is able to earn off their sentence based on their classification, which is typically tied to the type of offense someone is incarcerated for.
In Indiana, for instance, someone can earn one day for each day served if they are assigned to class A which is someone who is imprisoned for a lowest level felony or a misdemeanor. They can earn one day for every three days served if they are assigned class B, which includes individuals convicted of higher-level felonies. Class C earns one day for every six days served and these are individuals who are "credit restricted," generally meaning they've violated a rule of the department of correction or a rule of the facility where they are incarcerated. Individuals in class D are unable to earn any credit. § 35-50-6-3.1.
Alabama passed SB 1 (2023) that reduced the amount of sentence credit someone can earn. Individuals are placed in a class between IV (ineligible for credit) and I, which includes people "who are considered to be trustworthy in every respect and who, by virtue of their work habits, conduct and attitude of cooperation have proven their trustworthiness." It takes at least three months to move up from class IV, another 6 months to move from class III to class II, and an additional 12 months to be eligible for class I. Those in class I can earn 30 days credit for 30 days served. Individuals in class II are eligible for 15 days per 30 days served and those in class III are eligible for 5 days.
Statutes define those who are ineligible for sentence credits. Rhode Island specifies that people incarcerated for murder, kidnapping a minor, sexual assault or child molestation are ineligible to earn good time. § 42-56-24. Tennessee does not allow people classified as maximum security or those who are held in punitive segregation to earn credits. § 41-21-236.
Most states allow earned time to be lost and be gained back. State laws generally create or instruct the corrections department to create policies and procedures for forfeiture and restoration.
In Iowa, for instance, someone who is found to have violated an institutional rule, failed to complete a required program, or had certain legal actions or appeals dismissed, can lose any of the earned time they have accrued up to the date of the violation. Statute dictates that an independent administrative law judge appointed by the director of the department of corrections order the forfeited time. The judge has discretion to determine the amount of time forfeited based on the severity of the violation. Statute also allows the judge's decision to be appealed to the warden of the institution who may affirm, modify or reverse the order. The director of the department of corrections is allowed to restore any or all of that forfeited time for "acts of heroism or for meritorious actions," as established by rule. § 903A.3.
Texas allows the corrections department to forfeit or suspend all accrued good conduct time if an incarcerated person commits an offense or violates a rule of the department. The department cannot restore forfeited time, but it can reinstate suspended time. Govt. Code § 498.004.