Time Actually Served

A defendant is sentenced to 10–21 months for a Class H felony. How much time will he or she actually serve? What about a Class D felon sentenced to 59–83 months? Here is a chart showing the average percentage of minimum active sentence served for Structured Sentencing felons released from prison in fiscal year 2013/14. Class B1    102% (estimated) Class B2    102% (estimated) Class C      101% Class D      103% Class E      105% Class F      104% Class G      106% Class H      112% Class I       113% These numbers are for active sentences. They do not include revoked probationers. The general trend is clear: the more serious the crime, the better the defendant does at working down toward the minimum sentence. Why is that? The main reason is that the relatively short sentences for low-level felons do not allow those inmates much of an opportunity to accrue Earned Time. Earned Time is the primary sentence reduction credit that Structured Sentencing inmates receive for work and educational programs in prison. Earned Time reduces an inmate’s maximum sentence down toward (but never below) his or her minimum, through a process I described here (for Class B1–E felons) and here (for Class F–I felons). Earned Time is awarded at different rates—3, 6, or 9 days per month—depending on the rating of the inmate’s work or program assignment. For example, inmates who do 4 to 6 hours of unskilled labor each [...]