Good conduct time

Last updated

Good conduct time, good time credit, good time, or time off for good behavior is a sentence reduction given to prisoners who maintain good behavior while imprisoned. In Florida, it is known as gain time. Good conduct time can be forfeited if a prisoner is determined to have committed disciplinary infractions and/or crimes while incarcerated.

Contents

In the United States, the earliest versions of "good time" or "gain time" were in place by 1850 as an alternative "to corporal punishment to motivate offenders who were not willing to work as expected". [1] The concept was in use by 38 states by 1890 and 46 states by 1910. [1]

Good conduct time is intended to incentivize prisoners to comply with prison rules and refrain from committing additional crimes behind bars—especially acts of violence towards other inmates and prison guards—thereby ensuring that a prison can be run in a cost-effective manner with a higher ratio of inmates to guards. Prisoners known to be uncontrollably violent (i.e., who will immediately attempt to injure or kill any human being within reach if the opportunity arises) cannot share cells or other prison facilities and must be escorted in restraints by multiple guards.

Under United States federal law, prisoners serving more than one year in prison get 54 days a year of good conduct time on the anniversary of each year they serve plus the pro rata good time applied to a partial year served at the end of their sentence, at the rate of 54 days per year. [2]

Persistent controversy over calculation of good conduct time in the United States was laid to rest in the Supreme Court decision in Barber v. Thomas in 2010. [3] The First Step Act, which provides for time credits for successful participation in recidivism reduction programs, also changes how the 54 days are calculated, applying a retroactive fix that could result in the release of 4,000 prisoners. [4]

Related Research Articles

<span class="mw-page-title-main">Robert Stroud</span> American inmate and ornithologist (1890–1963)

Robert Franklin Stroud, known as the "Birdman of Alcatraz", was a convicted murderer, American federal prisoner and author who has been cited as one of the most notorious criminals in the United States. During his time at Leavenworth Penitentiary, he reared and sold birds and became a respected ornithologist. From 1942 to 1959, he was incarcerated at Alcatraz, where regulations did not allow him to keep birds. Stroud was never released from the federal prison system; he was imprisoned from 1909 to his death in 1963.

<span class="mw-page-title-main">Stanford prison experiment</span> Controversial 1971 psychological experiment

The Stanford prison experiment (SPE) was a psychological experiment conducted in August 1971. It was a two-week simulation of a prison environment that examined the effects of situational variables on participants' reactions and behaviors. Stanford University psychology professor Philip Zimbardo led the research team who administered the study.

<span class="mw-page-title-main">Parole</span> Provisional release of a prisoner who agrees to certain conditions

Parole is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.

A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom, the United States, and New Zealand. A related concept is the board of pardons and paroles, which may deal with pardons and commutations as well as paroles.

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world, it has 5% of the world’s population, and 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

<span class="mw-page-title-main">Recidivism</span> Person repeating an undesirable behavior following punishment

Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

<span class="mw-page-title-main">Prison reform</span> Reform of the prison system

Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.

<span class="mw-page-title-main">Federal Bureau of Prisons</span> Corrections agency of the US federal government

The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency within the U.S. Department of Justice that operates U.S. federal prisons and is responsible for the care, custody, and control of federal prisoners.

Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff. In 2001, Human Rights Watch estimated that at least 4.3 million inmates had been raped while incarcerated in the United States. A United States Department of Justice report, Sexual Victimization in Prisons and Jails Reported by Inmates, states that "In 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." However, advocates dispute the accuracy of the numbers, saying they seem to under-report the real numbers of sexual assaults in prison, especially among juveniles.

<span class="mw-page-title-main">ADX Florence</span> Federal supermax prison located in Fremont County, Colorado, US

The United States Penitentiary, Administrative Maximum Facility, commonly known as ADX Florence or the Florence Supermax, is an American federal prison in Fremont County to the south of Florence, Colorado, operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. ADX Florence, constructed in 1994 and opened one year later, is classed as a supermax or "control unit" prison, that provides a higher, more controlled level of custody than a regular maximum security prison. ADX Florence forms part of the Federal Correctional Complex, Florence, which is situated on 49 acres of land and houses different facilities with varying degrees of security, including the adjacent United States Penitentiary, Florence High.

<span class="mw-page-title-main">Oregon State Penitentiary</span> Prison in Salem, Oregon, U.S.

Oregon State Penitentiary (OSP), also known as Oregon State Prison, is a maximum security prison in the northwest United States in Salem, Oregon. Originally opened in Portland 173 years ago in 1851, it relocated to Salem fifteen years later. The 2,242-capacity prison is the oldest in the state; the all-male facility is operated by the Oregon Department of Corrections (ODOC). OSP contains an intensive management wing, which is being transformed into a psychiatric facility for mentally ill prisoners throughout Oregon.

<span class="mw-page-title-main">United States Penitentiary, Coleman</span> High-security United States federal prison in Florida

The United States Penitentiary, Coleman I and II are high-security United States federal prisons for male inmates in Florida. It is part of the Coleman Federal Correctional Complex and is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. USP Coleman I was opened in 2001, and in 2004 Clark Construction completed a 555,000-square-foot (51,600 m2) additional component for USP Coleman II.

Prison religion includes the religious beliefs and practices of prison inmates, usually stemming from or including concepts surrounding their imprisonment and accompanying lifestyle. "Prison Ministry" is a larger concept, including the support of the spiritual and religious needs of prison guards and staff, whose work in an often demanding and brutal environment often creates a special need for pastoral care, similar to the care that is extended to the military, police officers and fire fighters.

Compassionate release is a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing". Compassionate release procedures, which are also known as medical release, medical parole, medical furlough, and humanitarian parole, can be mandated by the courts or by internal corrections authorities. Unlike regular parole, compassionate release is not based on a prisoner's behaviour or sentencing, but rather on medical or humanitarian changes in the prisoner's situation.

Barber v. Thomas, 560 U.S. 474 (2010), is a United States Supreme Court case in which the Court held, 6–3, that prisoners incarcerated in federal prisons are entitled to up to 54 days of "good time credits" for every year they are incarcerated, allowing federal inmates to reduce their sentence by up to 54 days per year of imprisonment for exhibiting good behavior. The case concerned how the United States Federal Bureau of Prisons should calculate "good time credits": whether they should be calculated based on the length of the sentence levied by the judge, or by the time actually served by the inmate.

Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.

California's Public Safety Realignment initiative, officially known as "Realignment", was a combination of two bills passed by the state of California, with the ultimate goal of reducing its state prison population by shifting much of that population to county jails. It was the result of a court-order in response to shortfalls in medical and mental health care for the state's prison population.

People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.

<span class="mw-page-title-main">First Step Act</span> United States federal statute

The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th U.S. Congress and signed by President Donald Trump in December 2018. The act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism, decreasing the federal inmate population, and maintaining public safety.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.

References

  1. 1 2 Blomberg, Thomas G.; Lucken, Karol (2010). American Penology: A History of Control (2nd ed.). New Brunswick: Transaction Publishers. p. 75. ISBN   9780202363349.
  2. 18 U.S.C.   § 3624
  3. "Legal Resource Guide to the Federal Bureau of Prisons 2014" (PDF). US Department of Justice. p. 13. Retrieved 13 March 2017.
  4. George, Justin (16 November 2018). "What's Really in the First Step Act?". Marshall Project.
  5. Nast, Condé (2023-06-23). "How Better Call Saul Found Its "Controversial" Final Scene". Vanity Fair. Retrieved 2024-04-03.