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Videos tagged Good Time Credits

Do I Have To Do Jail Time To Get Probation? | Andrew Dosa, Criminal Defense Attorney

Video – Attorney Andrew Dósa Answers The Question: Do I Have To Do Jail Time To Get Probation?

What Are Good Time Credits?

Good Time Credits are reductions in a prisoner’s sentence awarded for good behavior. Under 18 U.S.C. § 3624(b), prisoners serving more than a year, excluding life sentences, can receive up to 54 days credit per year of their sentence. This system incentivizes good behavior and adherence to prison rules.

Calculation and Discrepancies

Although the law suggests up to 54 days of credit per year, in practice, the Bureau of Prisons (BOP) often awards only about 47 days due to their method of calculation. The BOP prorates the good time, which results in inmates receiving approximately 12.8% of the 15% reduction that law indicates they are owed. This calculation discrepancy has been a subject of contention and even reached the Supreme Court in Barber v. Thomas (2010), where the BOP’s interpretation was upheld.

Eligibility for Good Time Credits

To be eligible, you must be a federal prisoner serving a term longer than one year. The BOP manages these credits, and all good time is calculated by a special center in Texas known as the Designation and Sentence Computation Center.

Good Time Credits in California

In California, Good Time Credits, also known as conduct credits, are governed by the California Penal Code Section 4019. These credits can be lost due to disciplinary infractions and can be restored through a motion filed in a Superior Court, which is a complex legal process.

The First Step Act and Earned Time Credits

It’s important to distinguish between Good Time Credits and Earned Time Credits under the First Step Act. Earned Time Credits are awarded for participation in risk-reduction programs and activities, offering early release to pre-release custody, like home confinement. However, certain offenses, including serious crimes like homicide, child pornography, and kidnapping, make prisoners ineligible for these earned time credits.

Practical Implications

The way Good Time Credits are calculated and managed can significantly impact both prisoners’ lives and government expenses. Incorrect or limited application of these credits can lead to extended incarceration times, raising both ethical and financial concerns.

Conclusion

Understanding the nuances of Good Time Credits and their application is crucial for anyone involved in the legal system, especially those working within or affected by the penal system. The complexities and discrepancies in their calculation highlight the need for ongoing legal scrutiny and potential reform.

For more detailed information, you may refer to the following sources:

Damianakos Law Firm’s overview of Federal Good Time Credit Damianakos Law Firm
“How to Justice” article on Good Time Credits How to Justice
Information on restoring Good Time Credits in California Ask AI Lawyer
First Step Act Earned Time Credits Defender Services Office – Training Division
Distinction between Time Credits and Good Time Credits Barone Defense Firm