Allowing certain prisoners to earn time toward early release from confinement in prison. (FE)

A person who is serving a bifurcated sentence, with few exceptions, must serve the entire confinement portion of his or her sentence before being released to extended supervision. A person's confinement portion may be extended if he or she violates a prison regulation. If a person's confinement portion is extended for such a violation, current law requires his or her extended supervision portion to be reduced so that the total length of the person's sentence remains unchanged.

Current law allows a person who is sentenced to a bifurcated sentence for a Class C to Class I felony to petition the sentencing court to adjust his or her sentence and release the person from prison to extended supervision if he or she has served 85 percent for a Class C to Class E felony, or 75 percent for a Class F to Class I felony, of the confinement portion of the sentence. If a person's confinement portion is reduced by the sentencing court, current law requires his or her extended supervision portion to be extended so that the total length of the person's sentence remains unchanged.

Under this bill, a person who commits a misdemeanor and is sentenced to imprisonment or who commits a Class C to Class I felony may accumulate "earned time" in the amount of one day for every five days he or she is incarcerated without violating a prison rule or regulation. The bill requires the Department of Corrections to release the person to extended supervision when he or she serves his or her entire incarceration period, minus earned time accumulated.

Under the bill, if a person's incarceration period is reduced by earned time, his or her period of extended supervision is increased so that the length of the sentence does not change. The bill eliminates the right of a person to petition the sentencing court to adjust his or her sentence.