§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.