1. (1) As required in Section 77-27-5.4, earned time adjustments shall reduce the current period of incarceration for offenders who have been granted a release from prison and who successfully complete CAP priorities identified during the current period of incarceration. Earned time adjustment:

   1. (a) means a reduction of an offender's current period of incarceration when a release date has been ordered by the Board; and
   2. (b) has the same meaning as "credit" as used in Section 77-27-5.4.

2. (2) Earned time adjustments.

   1. (a) an offender shall earn an adjustment of four months for the successful completion of a program identified by the Department as pertaining to, satisfying, or applying within an offender's CAP.
   2. (b) an offender shall earn an adjustment of four months for successful completion of one additional program as identified by the Department in the offender's CAP.
   3. (c) the earned time adjustment shall change the previously ordered release date, resulting in a reduction in the length of incarceration.
   4. (d) the Board, in its discretion, may grant additional time adjustments for offenders who have already earned mandatory time adjustments based on other programming performance or achievement.
   5. (e) the Board, in its discretion, may grant a time adjustment for an offender who has not completed CAP priority programming, when the Board determines there is good cause to do so.
3. (3) The Board may order the forfeiture of earned time credits under Section R671-311-3 if it determines that a rescission hearing is necessary due to a major disciplinary violation, new criminal conviction, new criminal activity, or other similar action committed by the offender.

4. (4) Exclusions:

   1. (a) offenders whose previously ordered release date does not provide enough time, including time for transition services, for the adjustment may not be granted a full earned time adjustment, but may receive a partial adjustment if the previously ordered release date allows for the same.
   2. (b) earned time adjustments may not be used to change an offender's original hearing as scheduled by the Board.
   3. (c) offenders who have been sentenced to life without parole are ineligible for earned time adjustments.
   4. (d) offenders who have been ordered by the Board to serve a life sentence to expiration are ineligible for earned time adjustments.
   5. (e) earned time adjustments may not be granted for a second or subsequent completion of the same classes, programs, or CAP priorities during the same term of incarceration without an intervening release.
   6. (f) offenders who do not have a current release date are not eligible for the earned time adjustment according to Subsection 77-27-5.4(3)(d); however, the Board shall consider the program completion when making subsequent release decisions.
   7. (g) offenders who have not met a contingency requirement for release ordered by the Board are ineligible for an earned time adjustment.
5. (5) The Department shall notify the Board within 30 days of an offender's successful completion of a CAP program that is eligible for an earned time adjustment.

KEY: parole, inmates, sentences, earned time, earned time adjustment

Date of Last Change: April 22, 2025

Notice of Continuation: November 10, 2021

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 63G-3-201(3); 64-13-1; 64-13-7.5; 64-13-25; 77-27-1 et seq.; 77-27-5.4; 77-27-7; 77-27-5; 77-27-6; 77-27-9(4)(a); 77-27-10(2)(b); 77-27-11