Louisiana Revised Statutes 15:571.3 – Diminution of sentence for good behavior
Terms Used In Louisiana Revised Statutes 15:571.3
- Conviction: A judgement of guilt against a criminal defendant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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 La. Rev. Stat. 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 La. Rev. Stat. 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 offender in the custody of the department who has been convicted of a felony, except an offender convicted a second or subsequent time of a crime of violence as defined by La. Rev. Stat. 14:2(B) or as provided in Subsection F of this Section, or an offender convicted a fourth or subsequent time of a nonviolent felony offense, 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 offenders 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 thirteen days for every seven days 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 offenders 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 La. Rev. Stat. 15:541.
(ii) A crime of violence as defined in La. Rev. Stat. 14:2(B).
(iii) Any offense which would constitute a crime of violence as defined in La. Rev. Stat. 14:2(B) or a sex offense as defined in La. Rev. Stat. 15:541, regardless of the date of conviction.
(2)(a) An offender convicted of a crime of violence as defined in La. Rev. Stat. 14:2(B), without a prior conviction of a crime of violence as defined in La. Rev. Stat. 14:2(B) or a sex offense as defined in La. Rev. Stat. 15:541, shall earn diminution of sentence at a rate of one day for every three 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.
(b) The provisions of this Paragraph shall not apply to an offender if his instant conviction is for a crime that is listed both as a crime of violence pursuant to La. Rev. Stat. 14:2(B) and sex offense pursuant to La. Rev. Stat. 15:541.
(c) The provisions of this Paragraph shall apply only to offenders who commit an offense or whose probation or parole is revoked on or after November 1, 2017.
(3) An offender convicted of a fourth or subsequent nonviolent felony offense shall earn a diminution of sentence at a rate of one day for every two 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. The provisions of this Paragraph shall not apply to any person who has been convicted of a sex offense as defined in La. Rev. Stat. 15:541.
C., D. Repealed by Acts 2024, 2nd Ex. Sess., No. 7, §2.
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 La. Rev. Stat. 15:529.1 may earn additional good time for participation in certified treatment and rehabilitation programs as provided for in La. Rev. Stat. 15:828(B), unless the offender was convicted of a sex offense as defined by La. Rev. Stat. 15:541 or a crime of violence as defined by La. Rev. Stat. 14:2(B).
F. Notwithstanding any other provision of law to the contrary, a person convicted in the death of a victim killed in the line of duty as a peace officer or first responder shall earn diminution of sentence at a rate of one day for every thirty days in custody.
G.(1) No later than August first of each year, the Department of Public Safety and Corrections shall submit an annual report to the legislature relative to offenders released from custody during the preceding fiscal year pursuant to the provisions of this Section. This report shall include the following information:
(a) The name and offender number of the released offender.
(b) The date on which the offender was released.
(c) The offense for which the offender was incarcerated at the time of his release, including whether the offense was a crime of violence as defined in La. Rev. Stat. 14:2(B) or a sex offense as defined in La. Rev. Stat. 15:541.
(d) A grid which shows the earliest release date that offenders would have been eligible for release notwithstanding the provisions of Section 3 of Act No. 280 of the 2017 Regular Session of the Legislature.
(e) Whether the offender obtained a GED certification or completed a literacy program, an adult basic education program, or a job skills training program before being released from custody.
(2) Any information relative to juvenile offenders that is exempt from release pursuant to a public records request or otherwise considered confidential by law shall be redacted from the report provided for by this Subsection.
H. No person who commits an offense on or after August 1, 2024, shall be eligible to earn nor be entitled to any diminution of sentence or good time, except as provided in La. Rev. Stat. 15:571.3.1.
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; Acts 2014, No. 602, §§5, 7, eff. June 12, 2014; Acts 2014, No. 811, §7, eff. June 23, 2014; Acts 2015, No. 184, §2; Acts 2017, No. 280, §3, eff. Nov. 1, 2017; Acts 2018, No. 670, §1, eff. June 1, 2018; Acts 2023, No. 463, §1; Acts 2024, 2nd Ex. Sess., No. 7, §§1, 2; Acts 2024, 2nd Ex. Sess., No. 21, §1, eff. March 8, 2024.