Senate Bill No. 585
(By Senator Unger)
[Introduced February 21, 2000; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
A BILL to amend and reenact section twenty-seven, article five,
chapter twenty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to good
conduct credit for inmates; and changing the method of
awarding "good time" to prisoners based upon the previous
procedure of good conduct and days per month according to the
length of sentence.
Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article five, chapter twenty-eight
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. STATE CORRECTIONAL FACILITY.
§28-5-27. Deduction from sentence for good conduct.
(a) All adult inmates now in the custody of the commissioner
of corrections, or hereafter committed to the custody of the
commissioner of corrections, except those committed pursuant to
article four, chapter twenty-five of this code shall be granted
commutation from their sentences for compliance with the rules for
good conduct in accordance with this section.
Such The commutation of sentence, hereinafter called "good
time," shall be deducted from the maximum term of indeterminate
sentences or from the fixed term of determinate sentences.
(c) Each inmate committed to the custody of the commissioner
of corrections and incarcerated in a penal facility pursuant to
such commitment shall be granted a deduction of sentence for
faithful compliance with all the disciplinary rules as follows: (1)
Upon a sentence of one year, five days from each month, (2) upon a
sentence of more than one year, and less than three years, six days
from each month, (3) upon a sentence of not less than three years,
and less than five years, seven days from each month, (4) upon a
sentence of not less than five years, and less than ten years,
eight days from each month,
and (5) upon a sentence of ten years or
more, ten day
s from each month one day good time for each day he or she is incarcerated, including any and all days in jail awaiting
sentence and which is credited by the sentencing court to his or
her sentence pursuant to section twenty-four, article eleven,
chapter sixty-one of this code or for any other reason relating to
such the commitment.
No inmate may be granted any good time for
time served either on parole or bond or in any other status where
by he or she is not physically incarcerated.
(d) No inmate sentenced to serve a life sentence
shall be is
eligible to earn or receive any good time pursuant to this section.
(e) An inmate under two or more consecutive sentences shall be
allowed good time as if the several sentences, when the maximum
terms thereof are added together, were all one sentence.
(f) The commissioner of corrections shall promulgate separate
disciplinary rules for each institution under his control in which
adult felons are incarcerated, which rules shall describe acts
which inmates are prohibited from committing, procedures for
charging individual inmates for violation of
such the rules and for
determining the guilt or innocence of inmates charged with such
violations and the sanctions which may be imposed for such
violations. A copy of such the rules shall be given to each
inmate. For each such of these violations, by an inmate so sanctioned, any part or all of the good time which has been granted
to such the inmate pursuant to this section may be forfeited and
revoked by the warden or superintendent of the institution in which
the violation occurred. The warden or superintendent, when
appropriate and with approval of the commissioner, may restore any
good time so forfeited.
(g) Each inmate, upon his or her commitment to and being
received into the custody of the commissioner of the department of
corrections, or upon his return to custody as the result of
violation of parole pursuant to section nineteen, article twelve,
chapter sixty-two of this code, shall be given a statement setting
forth the term or length of his or her sentence or sentences and
the time of his minimum discharge computed according to this
(h) Each inmate shall be given a revision of the statement
described in subsection (g) above if and when any part or all of
the good time has been forfeited and revoked or restored pursuant
to subsection (f) of this section whereby the time of his or her
earliest discharge is changed.
(i) The commissioner of corrections may, with the approval of
the governor, allow extra good time for inmates who perform exceptional work or service.
(j) In order to ensure equitable good time for all inmates now
in the custody of the commissioner of corrections or hereafter
committed to the custody of
such the commissioner, except as to
those persons committed pursuant to article four, chapter twenty-
five of this code, all good times shall be computed according to
this section and all previous computations of good time under prior
statutes or regulations are hereby voided. All inmates who have
previously forfeited good time are hereby restored to good time
computed according to this section and all inmates will receive a
new discharge date computed according to this section. All inmates
that have been awarded overtime good time or extra good time
pursuant to sections twenty-seven-a and twenty-seven-b of this
article which are repealed simultaneously with the amendment to
this section during the regular session of the Legislature in the
year one thousand nine hundred eighty-four, shall receive such good
time in addition to the good time computed according to this
shall may be no grants or accumulations of good time
or credit to any inmate now or hereafter serving a sentence in the
custody of the department of corrections except in the manner provided in this section.
NOTE: The purpose of this bill is to change the method of
awarding "good time" to prisoners based upon the previous procedure
of good conduct and days per month according to the length of
sentence. The current law allows this credit as a commutation from
sentence based upon one day good time for each day of
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would