1. (1) Unless otherwise provided by law, every inmate confined in a correctional facility of the department who has committed no infraction of the rules or regulations of the department or the laws of the state and who performs in a faithful, diligent, industrious, orderly, and peaceable manner the work, duties, and tasks assigned to him to the satisfaction of the executive director or any of his designees may be allowed time credit reductions as follows: A deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of his term of confinement, and correspondingly for any part of the year if such term of confinement is for less than a year. The mode of computing credits shall be as follows:

   Number of Good time Total good Time to be served

   yrs. of that may be time that may if full credits are

   sentence earned be earned earned and allowed

   1st year 2 months 2 months 10 months

   2nd year 2 months 4 months 1 year 8 months

   3rd year 4 months 8 months 2 years 4 months

   4th year 4 months 1 year 3 years

   5th year 5 months 1 year 5 months 3 years 7 months

   6th year 5 months 1 year 10 months 4 years 2 months

   7th year 5 months 2 years 3 months 4 years 9 months

   8th year 5 months 2 years 8 months 5 years 4 months

   9th year 5 months 3 years 1 month 5 years 11 months

   10th year 5 months 3 years 6 months 6 years 6 months

   and so continuing through as many years as may be the time of confinement.

2. (2) To those inmates whom the executive director or any of his designees may designate as trusties and who conduct themselves in accordance with departmental rules and perform their work in a creditable manner, upon approval of the executive director or any of his designees, additional good time to that allowed in the table set forth in subsection (1) of this section, not to exceed ten days in any one calendar month, shall be credited upon the time remaining to be served, such credit to be allowed only upon the actual number of months served in each year in a correctional facility of the department.

3. (3) The executive director or any of his designees may grant to any inmate confined in a correctional facility additional good time credit to that allowed under subsections (1) and (2) of this section, not to exceed five days per month for each calendar year remaining to be served, for the following reasons:

   1. (a) Meritorious service by an inmate; or
   2. (b) Outstanding performance of assigned tasks in correctional industries.
4. (4) The executive director or any of his designees may restore to the credit of any inmate confined in a correctional facility all or any portion of good time credits which have been forfeited by the inmate as a result of any disciplinary action or provision of law.

5. (5)

   1. (a) The provisions of this section shall apply to a defendant whose sentence was stayed pending appeal prior to July 1, 1972, but who was confined pending disposition of the appeal. Such credit shall be against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect.
   2. (b) A defendant whose sentence is stayed pending appeal after July 1, 1972, but who is confined pending disposition of the appeal is entitled to the credit provided by this section against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect.
6. (6) If any inmate assaults any keeper, guard, foreman, officer, inmate, or other person, or threatens or endangers the person or life of anyone, or violates or disregards any departmental rule or regulation, or neglects or refuses to do the work to which he is assigned, or is guilty of any misconduct, or violates any of the rules or regulations governing parole, the department may order the forfeiture of all time credits theretofore earned by or allowed to him before the commission of such offense under this section.

Source: L. 84: Entire article R&RE, p. 518, § 1, effective July 1.

Editor's note: This section is similar to former § 17-20-107 as it existed prior to 1984.