(1) Every person who is sentenced to and imprisoned in any county jail of this state or sentenced to pay a fine and costs or either or all thereof and who performs faithfully the duties assigned to him or her during his or her imprisonment therein earns deductions from the time of his or her sentence as follows:
(a) An inmate receives a one-day deduction for each fifteen days on his or her sentence;
(b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a ten-day deduction for each thirty days on his or her sentence if he or she:
(I) Successfully completes a designated program or educational activity within the jail; or
(II) Demonstrates outstanding progress in any designated program or educational activity within the jail;
(c) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a thirteen-day deduction for each thirty days on his or her sentence if the inmate:
(I) Is designated by the county sheriff as a trusty prisoner;
(II) Is engaged in work within or outside the walls of the jail;
(III) Performs his or her work in a creditable manner;
(IV) Conducts himself or herself in accordance with the rules of the jail; and
(V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(c);
(d) An inmate may receive a deduction of up to thirteen days for each thirty days on his or her sentence if the inmate:
(I) Is sentenced to the county jail as a direct sentence or as a condition of probation; and
(II) Is permitted to participate in work, educational programming outside the jail, medical release, home detention, or day reporting programs pursuant to section 18-1.3-106(1) ;
(e) Notwithstanding any other provision of this section, an inmate may not receive a deduction of more than fifteen days in any thirty-day period, regardless of how many programs the inmate participates in, whether the inmate is designated a trusty prisoner or is sentenced as described in subsection (1)(d) of this section;
(f)(I) In addition to the deductions described in subsections (1)(a), (1)(b), (1)(c), and (1)(d) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(e) of this section.
(II) If a county sheriff awards a deduction pursuant to this subsection (1)(f), he or she shall notify the chief judge of the judicial district of such fact not later than three business days after the deduction is awarded. In providing such notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate.
(2) Each county sheriff shall develop and implement a program and schedule for administering reductions of inmates' sentences in his or her county jail, as described in this section and in accordance with the expectations and standards of the community in which he or she serves. Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate.
(3)(a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, he or she may forfeit some or all of the deductions from his or her sentence that he or she received up to the time of the violation, as determined by the sheriff of the county in which the jail is situated.
(b) If an inmate escapes or attempts to escape from a jail or an alternative sentence program, he or she forfeits all deductions from his or her sentence that he or she received up to the time of the escape or attempted escape.
(4) An inmate who is sentenced to any alternative sentence pursuant to section 18-1.3-106 arising out of a sentence pursuant to section 42-4-1307(5)(a)(I) , (5)(b) , or (6)(a)(I) may receive a sentence deduction pursuant to this section only after serving any mandatory period of time pursuant to those sections.
(5) As used in this section, “day” means a twenty-four-hour calendar day.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.