Sentence Reduction Credit: The Basics

Published for NC Criminal Law on June 16, 2010.

In several prior posts (including this one) I provided a link to the Department of Correction’s administrative regulation on sentence reduction credits.  I’ve written about the credits applicable in impaired driving cases, and just last week I wrote about a Supreme Court case on good time credit in the federal prison system. It occurs to me, though, that I’ve never actually written about the basic credit rules for garden-variety Structured Sentencing cases. So I thought I would do that today. Sentence reduction credits are days of credit DOC can award to inmates as an incentive for good behavior, work, or program participation in prison. Don’t confuse sentence reduction credits with jail credit. Jail credit is time that a judge calculates and awards for time already spent in confinement as a result of the charge that culminated in the defendant’s sentence. G.S. 15-196.1 through -196.4. Sentence reduction credits, by contrast, are awarded by correctional authorities according to rules enacted by the Secretary of Correction under G.S. 148-13. For Structured Sentencing inmates, the secretary’s rules must comply with G.S. 15A-1340.13(d) for felonies and G.S. 15A-1340.20(d) for misdemeanors.” Earned time” is the primary sentence reduction credit available to those sentenced under Structured Sentencing. For felons, earned time may not reduce the sentence below the minimum term set out on the sentencing grid. DOC rules set out three rates at which earned time may be awarded. Earned Time I is credit of two days per month for inmates who work four to six hours per [...]