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Louisiana Revised Statutes 15:571.3 - Diminution of sentence for good behavior

§571.3.  Diminution of sentence for good behavior

A.(1)  Every prisoner in a parish prison convicted of an offense and sentenced to imprisonment without hard labor, except a prisoner convicted a second time of a crime of violence as defined by R.S. 14:2(B), may earn a diminution of sentence, to be known as "good time", by good behavior and performance of work or self-improvement activities, or both.  The amount of diminution of sentence allowed under this Paragraph shall be at the rate of thirty days for every thirty days in actual custody, except for a prisoner convicted a first time of a crime of violence, as defined in R.S. 14:2(B), who shall earn diminution of sentence at the rate of three days for every seventeen days in actual custody held on the imposed sentence, including, in either case, time spent in custody with good behavior prior to sentencing for the particular sentence imposed as authorized by Code of Criminal Procedure Article 880.

(2)  The sheriff of the parish in which the conviction was had shall have the sole authority to determine when good time has been earned in accordance with the sheriff's regulations and the provisions of this Section.

(3)  In the event that the prisoner is confined in a parish or multiparish correctional facility not operated by the sheriff, the superintendent of the correctional facility shall have the sole power to determine when good time has been earned or when diminution of sentence may be allowed in accordance with the provisions of this Section.

B.(1)(a)  Unless otherwise prohibited, every inmate in the custody of the department who has been convicted of a felony, except an inmate convicted a second time of a crime of violence as defined by R.S. 14:2(B), and sentenced to imprisonment for a stated number of years or months, may earn, in lieu of incentive wages, a diminution of sentence by good behavior and performance of work or self-improvement activities, or both, to be known as "good time".  Those inmates serving life sentences will be credited with good time earned which will be applied toward diminution of their sentences at such time as the life sentences might be commuted to a specific number of years.  The secretary shall establish regulations for awarding and recording of good time and shall determine when good time has been earned toward diminution of sentence.  The amount of diminution of sentence allowed under the provisions of this Section shall be at the rate of one and one half-day for every one day in actual custody served on the imposed sentence, including time spent in custody with good behavior prior to sentencing for the particular sentence imposed as authorized by the provisions of Code of Criminal Procedure Article 880.

(b)  The provisions of Subparagraph (a) of this Paragraph shall be applicable to persons convicted of offenses on or after January 1, 1992 and who are not serving a sentence for the following offenses:

(i)  A sex offense as defined in R.S. 15:541.

(ii)  A crime of violence as defined in R.S. 14:2(B).

(iii)  Any offense which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the date of conviction.

(2)  An inmate convicted a first time of a crime of violence as defined in R.S. 14:2(B), shall earn diminution of sentence at a rate of three days for every seventeen days in actual custody held on the imposed sentence, including time spent in custody with good behavior prior to sentencing for the particular sentence imposed  as authorized by Code of Criminal Procedure Article 880.

(3)  A person shall not be eligible for diminution of sentence for good behavior if  he has been convicted of or pled guilty to, or where adjudication has been deferred or withheld for, a violation of any one of the following offenses:

(a)  Rape (R.S. 14:41).

(b)  Aggravated rape (R.S. 14:42).

(c)  Forcible rape (R.S. 14:42.1).

(d)  Simple rape (R.S. 14:43).

(e)  Sexual battery (R.S. 14:43.1).

(f)  Second degree sexual battery (R.S. 14:43.2).

(g)  Oral sexual battery (R.S. 14:43.3).

(h)  Intentional exposure to AIDS virus (R.S. 14:43.5).

(i)  Incest (R.S. 14:78).

(j)  Aggravated incest (R.S. 14:78.1).

(k)  Felony carnal knowledge of a juvenile (R.S. 14:80).

(l)  Indecent behavior with juveniles (R.S. 14:81).

(m)  Pornography involving juvenile (R.S. 14:81.1).

(n)  Molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2).

(o)  Computer-aided solicitation of a minor (R.S. 14:81.3).

(p)  Crime against nature (R.S. 14:89(A)).

(q)  Aggravated crime against nature (R.S. 14:89.1).

(r)  Sexual battery of the infirm (R.S. 14:93.5).

(4)  Diminution of sentence shall not be allowed an inmate in the custody of the Department of Public Safety and Corrections if the inmate has been convicted one or more times under the laws of this state, any other state, or the federal government of any one or more of the following crimes or attempts to commit any of the following crimes:

(a)  Felony carnal knowledge of a juvenile.

(b)  Indecent behavior with juveniles.

(c)  Molestation of a juvenile or a person with a physical or mental disability.

(d)  Incest.

(e)  Aggravated incest.

C.  Diminution of sentence shall not be allowed an inmate in the custody of the Department of Public Safety and Corrections if any of the following apply:

(1)  The inmate has been sentenced as an habitual offender under the Habitual Offender Law as set forth in R.S. 15:529.1.

(2)  The trial court, in its discretion, prohibits the earning of such diminution of sentence for any person convicted of a violation of R.S. 14:40.2.

D.  Diminution of sentence shall not be allowed an inmate in the custody of the Department of Public Safety and Corrections if the instant offense is a second offense crime of violence as defined by R.S. 14:2(B).

E.  Notwithstanding any other provision of law to the contrary, any offender in the custody of the Department of Public Safety and Corrections who has been sentenced as an habitual offender pursuant to the provisions of R.S. 15:529.1 may earn additional good time for participation in certified treatment and rehabilitation programs as provided for in R.S. 15:828(B), unless the offender was convicted of a sex offense as defined by R.S. 15:541 or a crime of violence as defined by R.S. 14:2(B).

Amended by Acts 1991, No. 138, §1, eff. Jan. 1, 1992; Acts 1992, No. 1011, §1; Acts 1994, 3rd Ex. Sess., No. 110, §1; Acts 1994, 3rd Ex. Sess., No. 149, §1; Acts 1994, 3rd Ex. Sess., No. 150, §1; Acts 1995, No. 946, §3; Acts 1995, No. 1099, §1, eff. Jan. 1, 1997; Acts 1997, No. 832, §1; Acts 1999, No. 223, §1; Acts 1999, No. 963, §2; Acts 2001, No. 809, §1, eff. June 26, 2001; Acts 2003, No. 636, §1; Acts 2006, No. 174, §1; Acts 2006, No. 220, §1; Acts 2006, No. 572, §1; Acts 2008, No. 30, §1; Acts 2010, No. 649, §1, eff. Oct. 15, 2010; Acts 2011, No. 67, §3; Acts 2011, No. 186, §2; Acts 2012, No. 110, §1; Acts 2012, No. 181, §1.

NOTE:  See Acts 2012, No. 110, §2, relative to applicability.

Comments (41)add comment
Jennifer: ...
My friend was incarcerated for obstruction of justice. He is on a work release program. He refused to testify in a case where the prosecution was telling him what he had to say or threatened him with jail time. This is why he is there now. Has been for about a year and we were wondering if the diminution of sentencing would be applicable in his case and also apply to time already served. Is there paperwork I can file to set something in motion. Or is there an appeal process that needs to be filed. Anything I can do to help I will as long as I have the resources I need. Can you help me?
1

July 02, 2012
Tamika Carter: ...
Does this revised statue apply to Act 181 for the year of 2012 and if so will this apply to already incarcerated individuals? Can this result in the release of some Louisiana DOC inmates in August of 2012
2

July 02, 2012
ldholmes: ...
I have a friend in jail serving 72 months. I was wondering if law of serving 1/3 of your jail time applies to him. He's in a parish prison.
3

August 18, 2012
Steven Daily: ...
Idholmes,

I don't think it is possible to give a general answer. If you read section 15:571.3 of the Louisiana Rev. Stat. carefully, you will see that treatment depends on the type of parish prison and the type of crime for which the prisoner is serving time.

Steve Daily
LawServer
4

August 20, 2012
anonymous: ...
I heard that Louisiana changed the good time laws in August 2012 making it possible for an inmate sentenced after August 2012 of a nonviolent offense (even if it isn't their first offense) to only have to do 1/3 of their time instead of 1/2. Does anyone know anything about this being true? Thanks
5

October 26, 2012
Patrice: ...
When did this law come into effect?
6

January 21, 2013
Kyle Weber: ...
Is la r.s 15:571.3 retroactive and will it effect act 572
7

February 07, 2013
ccomeaux: ...
my hubby was sentenced 2yrs doc for non violent offence how much of this does he actually serve ?
8

February 11, 2013
Christy: ...
Husband serving 90 days for non payment of child support in parish jail. Does this mean he can be released in 45 days?
9

February 13, 2013
Monique : ...
My husband has just received jail time for a non violent crime. His sentence is 30 month hard labor with benefits. He is a 4 time convicted felon. With this new law that just pased is he elegiable for the three for one act since it is a non violent crime and he will be doing his time in a DOC facility, which one we are not sure of as of yet. I sort of understand the statues but I am not to clear on if he will fall under those conditions or not. Your response will be greately appreciated.
10

May 09, 2013
MelindaK: ...
My father is serving a life sentence for murder. He has mentioned signing some sort of document pleading to manslaughter rather than 1st degree murder would release him. He has served 21 years.
11

May 28, 2013
mickey: ...
My son is out after 10 yrs but looking at 37,000.00 in back child support. Not fair. They wouldn't reduce while in jail. He paid until he made his mistake and the mother doesn't even have the child. Come
on, it's not right.
12

June 02, 2013
renetta: ...
My is son eligible is eligble under thus law he has been incarcerated for 30 months he should be home real soon.
13

June 14, 2013
newnay: ...
My boyfriend took a plea of 8 yrs for discharge of fire arm during a violent crime what program can he get into to reduce his time and does this good time act apply.
14

June 18, 2013
Jan Ducote: ...
my son was sentenced under act 572 Got 10 years (2to 1 applies) Does Act 110 in August going to run retroactive and include my son??
15

June 24, 2013
Nicoe Heggar: ...
I have a friend who fell under the act 572 and only had 31 months left to do now he got lock up in april and we wanted to know if he falls under the new act 110 law
16

June 24, 2013
TeniCIA Kemper: ...
My friend was sentenced to 10yrs in 2009 will act110 help him get out sooner
17

July 08, 2013
Greg Robertson: ...
How much actual time would an inmate who is a first timer have to serve on a sentence of one year?
18

July 10, 2013
vonshay riley: ...
My fiance was sentence a second time for drugs does this apply to him
19

July 11, 2013
Amber : ...
my fiance was sentence for 8years does Act 110 apply to him
20

July 14, 2013
Terrie Sullivan: ...
My son was has been incarcerated since June 30, 2011 for aggravated burglary . This is his first offense. He has gotten his GED since he has been in and is participating in other programs for drug rehabilitation and anger management to help get some of his time reduced. Are there any other ways to get his sentenced reduced or get him out earlier for good behavior?
21

July 16, 2013
dominquinka : ...
My Boyfriend Is In Jail Serving A Five Year Sentence He Been Down For 23 Months And Some Days How Much Longer Does He Have ?
22

July 17, 2013
ralowgirl : ...
My Boy Friend Has Been In Jail For 1 Year 11 Months And Some Days How Much Longer Does He Have ? He Also Received Some Good Time But He Also Got 45 Days Taken Away, He Had About 5 Different Release Dates Can Yu Help Me Out ?
23

July 17, 2013
papergirl: ...
A friend of mine was sentence to 10 yrs aggravated battery by shotting in april 2013 and this is his first offense and a law was pass Aug 2012 the 110 act do he fall under that act
24

July 25, 2013
msboss: ...
My boyfriend has been down since September 2010 on 10yrs doing 5yrs

how much time does he have left
25

July 27, 2013
hekele: ...
My friend was just sentenced " 5 yrs " 4th dui. Judge said take off 6 months if substance abuse program taken & completed. Confused ... told 5 yrs do 1/3 of it but also told 2 yrs mandatory & that good time was already adden in. Is this possible. Hes court orderd to do the one program is checking into others & being a trustee & transitional work ( half way house ) will he not be entitled to good time doing all this. Prior to his sentencing he already enrolled in rehab program comoleted graduated first step of that program & doingAA waring alcohol scram ankle monitor without being orderd by court & judge didnt even take ghat Iinto consideration or time couls someone please brake down hiw much time he has to serve will he get good time with different programs trying to get into because im confused been told a million an one different things.
26

July 28, 2013
mrs lil queen: ...
my husband was sentenced under act 572 for a nonviolent crime in april of 2012. I was wondering if he is eligible for the Act 110 now that it has been passed?
27

August 02, 2013
mrs.Horton: ...
my husband has served 5 and 1/2 years for a non violent crime would this new good time law give him an early release his release date is November 2013. he has completed several classes and has gotten his maximum good time.
28

August 02, 2013
falon: ...
My husband violated his probation by leaving a academy of training skills program. He also caught a CDSlll charge. How much time would he do under the new law?
29

August 03, 2013
Linda Comeaux: ...
My grandson is a first time offender serving time for a non-violent crime. What's the new louisiana statue as of Aug 1 2013? Willhe serve less time? What's the ratio? Can he be released early on Parole?
30

August 11, 2013
GLYNN: ...
My husband has his fourth DWI and believes his is eligible to earn more than the 250 days that the old law allows. He completed his Votek class July 25th and the law was passed August 1st. Completing that class allows him to earn more than the 250 good time days allowed. I believe they can earn 360 days because the law is going retroactive, but parish jail is telling me that he does not qualify because he completed the class before the law was passed. Does anyone know that truth, should he be released because that would put him out the door.
31

August 12, 2013
Mrs. Carter: ...
My husband was sentenced under Act 572 in May 2012 for a non-violent crime. I was wondering will he be eligible for the Act 110 now that it passed.
32

August 13, 2013
Bosslady: ...
My husband was sentenced in 2011 for a nonviolent crime under Act 572. Does he fall under Act 110 and is it a retroactive act?
33

August 19, 2013
Mr Ruffin: ...
My son was sentenced to 15 years as a third offender under the act 572 in 2009. Does the new 110 act affect him in any way?
34

August 24, 2013
HisBabyGirl: ...
My husband was sentenced March 2012 to 7 1/2 years for a non violent crime under Act 572. Does he fall under Act 110 and will it affect him making his sentence shorter??
35

August 31, 2013
lisa bailey: ...
Does my husband fall under the110 act if he has no violent crime
36

September 09, 2013
Jo Ann Davis: ...
My son was sentenced (Sept 2009) to 10 years, credit for time served and to run consecutive to any other sentence---other sentence being 4 years to run concurrent with any other sentence---Does Act 110 apply
37

October 04, 2013
Jo Ann Davis: ...
4 year sentence was given in Aug 2009
38

October 04, 2013
Jean: ...
My son was sentenced in 2004. later he was sentenced for another case that happened at the same time but was tried in two different trials. the courts took all his time that he served from the previous trial and started his sentence from the last case. This should be considered unconstitutional. Is it possible for him to gain the five years he previously served before the second trial?
39

October 09, 2013
Shelia: ...
I need to know if act 110 is retroactive for the 1990's?? Thanks
40

February 04, 2014
Shelia: ...
Please help, is act 110 retroactive for the '90's??
41

February 05, 2014

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