2005 Connecticut Code - Sec. 18-7a. Good conduct credit for prisoners.

      Sec. 18-7a. Good conduct credit for prisoners. (a) Except as provided in subsections (b) and (c) any person sentenced to a term of imprisonment, on and after October 1, 1976, and while still serving such sentence whether such sentence is for a definite, indefinite or indeterminate term, and regardless of the institution wherein the prisoner is confined may, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a commutation or diminution of his sentence in the amount of ten days for each month, and pro rata for a part of a month, of a sentence which is for not more than five years, and fifteen days for each month, and pro rata for a part of a month, for the sixth and each subsequent year of a sentence of more than five years. In the case of an indeterminate sentence, such credit shall apply to both the minimum and maximum term. In the case of an indefinite sentence, such credit shall apply to the maximum term only. Any act of misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such credit by the commissioner or his designee.

      (b) Except as provided in subsection (c), any person sentenced to a term of imprisonment for an offense committed on or after July 1, 1981, may, while held in default of bond or while serving such sentence, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a reduction of his sentence in the amount of ten days for each month and pro rata for a part of a month of a sentence up to five years, and twelve days for each month and pro rata for a part of a month for the sixth and each subsequent year of a sentence which is more than five years. Misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such reduction by the commissioner or his designee.

      (c) Any person sentenced to a term of imprisonment for an offense committed on or after July 1, 1983, may, while held in default of bond or while serving such sentence, by good conduct and obedience to the rules which have been established for the service of his sentence, earn a reduction of his sentence as such sentence is served in the amount of ten days for each month served and pro rata for a part of a month served of a sentence up to five years, and twelve days for each month served and pro rata for a part of a month served for the sixth and each subsequent year of a sentence which is more than five years. Misconduct or refusal to obey the rules which have been established for the service of his sentence shall subject the prisoner to the loss of all or any portion of such reduction by the commissioner or his designee. In the event a prisoner has not yet earned sufficient good time to satisfy the good time loss, such lost good time shall be deducted from any good time earned in the future by such prisoner.

      (P.A. 76-358, S. 2; P.A. 80-442, S. 1, 28; P.A. 82-379, S. 1, 2; P.A. 97-169.)

      History: P.A. 80-442 added Subsec. (b); P.A. 82-379 added Subsec. (c) re computation of good time for any person sentenced to term of imprisonment for offense committed on or after July 1, 1983; P.A. 97-169 amended Subsec. (c) to add provision requiring lost good time be deducted from good time earned in the future if the prisoner has not yet earned sufficient good time to satisfy the good time loss.

      See Sec. 18-7 re powers and duties of warden and punishment and reward of inmates.

      Section satisfies the rational basis test consistent with command of the equal protection clause. Cited. 176 C. 638, 639, 641-644, 647, 651, 652. Held that credits be calculated according to statute in effect at time of resentencing rather than according to statute effective at time of original sentence. 185 C. 124, 125, 132. Cited. Id., 540, 542. Cited. 205 C. 27, 33, 34. Cited. 207 C. 412, 419. Cited. 209 C. 191, 192, 199. Cited. 216 C. 220, 224. Aggregation of consecutive sentences in computation of good-time credit discussed. 217 C. 568, 579. Cited. 219 C. 269, 270, 274-277. Cited. 230 C. 17, 19.

      Cited. 24 CA 612, 613, 615, 619. Cited. 34 CA 503, 507, 509, 510. Cited. 39 CA 455, 469.

      Applicable to confinements including commitment pursuant to section 19-498(a). 35 CS 544, 545, 547, 548. Cited. 44 CS 417.

      Subsec. (a):

      Cited. 217 C. 568, 571-575, 578, 579, 581; Id., 584-587. Cited. 219 C. 269, 276-278, 281.

      Cited. 30 CA 190, 194. Cited. 34 CA 503, 505.

      Subsec. (b):

      Cited. 185 C. 540, 542. Cited. 209 C. 191, 201. Cited. 217 C. 568, 570; Id., 584, 586. Cited. 219 C. 269, 276, 277, 280, 281. Prisoner's enhanced statutory good time commences at the sixth year of his sentence as imposed by the court, without regard to any presentence confinement time or presentence good time. 245 C. 423.

      Cited. 34 CA 503, 505.

      Subsec. (c):

      Cited. 205 C. 27, 29, 31. Cited. 207 C. 412-416, 418. "Prospective forfeiture of unearned good time credit is not permitted..." 209 C. 191-201, 203, 204. Cited. 217 C. 568, 574. Statutory good time calculation and credit discussed. 219 C. 269, 270, 272-274, 276-282. Cited. 230 C. 17, 19. Two statements in Seno v. Commissioner of Correction, 219 C. 269 were factually and legally inaccurate, thus trial court decision construing Sec. 18a-7a(b) based in part on Seno was inaccurate. 245 C. 423. "One continuous term" language of Sec. 18-7 is applicable to this subsection and good time credits earned on an earlier sentence must be credited towards a controlling, subsequently imposed concurrent sentence. 254 C. 214. Petitioner eligible to be considered for award of good time credit under subsec. for duration of commitment to mental health facility. 258 C. 394.

      Cited. 17 CA 827. Cited. 34 CA 503, 505. Cited. 36 CA 695, 707. Cited. 39 CA 455, 456, 470-472. Cited. Id., 674, 681. Cited. 43 CA 176. Commissioner may promulgate rules that make an inmate ineligible to earn statutory good time. 50 CA 421.

      Cited. 44 CS 417.