Re-assessing “Truth-in-Sentencing”’
the impact of eliminating disciplinary credits
and community residential programs

Robert Brown, Jr.

Balancing Our Priorities Conference
May 2, 2008
Lansing, Michigan

Truth in Sentencing
Part A: The elimination of disciplinary credits
Good time
For decades, Michigan, like most states, granted prisoners generous amounts of credit for good
behavior, commonly referred to as “good time.” Regular good time was awarded on a
progressive basis. The number of days awarded per month increased with the number of
calendar years served, for example: first and second years – five days a month, third and fourth
years – six days a month, fifth and sixth years – 7 days a month, seventh through ninth years –
nine days a month. By the 20th year, regular good time could equal 15 days a month. In
addition, special good time could be awarded in amounts up to half the regular credit. Thus, if
credit was not forfeited through misconduct, lengthy minimums eroded at an increasingly
accelerated rate.
Proposal B
Ballot Proposal B, adopted by the voters in 1978, amended the Michigan Constitution to prohibit
the award of good time to reduce the minimum sentence. The actual time a defendant would
have to serve on a given minimum increased from 30-300%, depending on the amount of good
time being eliminated.
Disciplinary credits
By 1982, it became apparent to the legislature that Proposal B was resulting in increasingly
overcrowded prisons. Effective January 1, 1983, it restored a limited amount of good conduct
credit in the form of five regular and two special disciplinary credit days per month, or up to 84
days a year. Because some people were not eligible to earn disciplinary credits and others lost
credits for misconduct, on average, Michigan prisoners served 88 percent of their judicially
imposed minimum sentences.
Truth in Sentencing
In the 1990s, the federal government began encouraging “truth in sentencing” by conditioning
the award of federal prison construction funds to the states on the requirement that violent
offenders serve 85 percent of their sentences. The federal system itself permits sentence
reductions of up to 15 percent. Because Michigan already met the standard, it was awarded $33
million in federal “truth in sentencing” funds in 1997.
Nonetheless, in 1998, Michigan adopted its own version of truth in sentencing. It prospectively
eliminated disciplinary credits and required all prisoners to serve 100 percent of their minimum
sentences. The consequence was to lengthen the time served by everyone whose good conduct
in prison would otherwise have allowed them to earn modest amounts of credit, regardless of the
nature of their offenses.

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The impact of the various credit schemes on individuals is shown in the following chart.
Minimum years to be served under various credit schemes

Sentence

Good Time

Disciplinary

Truth-in-Sentencing

5y

3 y, 7 mos

4 y, 1 mo

5y

10 y

6 y, 5 mos

8 y, 1 mo

10 y

15 y

8 y, 10 mos

12 y, 2 mos

15 y

20 y

10 y, 9 mos

16 y, 3 mos

20 y

30 y

13 y, 4 mos

24 y, 5 mos

30 y

40 y

15 y, 11 mos

32 y, 6 mos

40 y

50 y

18 y, 7 mos

40 y, 8 mos

50 y

The overall impact on bedspace takes effect gradually but is substantial. In 1994, when truth-insentencing was first proposed, the Michigan Department of Corrections estimated that the
elimination of disciplinary credits would require 2,268 additional beds within 10 years. The
Citizens Alliance on Prisons and Public Spending currently estimates that if 3,000 people who
earned the maximum amount of disciplinary credits were paroled when they first became
eligible, the savings would be $100 million.
Notably, Michigan’s sheriffs are authorized by MCL 51.282 to award to jail inmates 1 day of
good time for each six days of the sentence. Sheriffs routinely use that authority to help control
county jail populations and promote compliance with jail regulations.

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Sentence Reduction Credits and Time Served Requirements in Selected States

State

Sentence
Type

CA

Determinate

2006
Incarc
eration
Rate
475

FL

Determinate

509

GA

Indeterminate

558

IL

Determinate

350

IN

Determinate

411

Credit Availability

Worktime credit: six mos. of
credit for each six mos. of fulltime work.
If full-time assignment not
available, may earn up to four
months reduction for eight months
served.
Inmates assigned to conservation
camps earn two days of worktime
credit for each day served
Basic gain time: Up to 10
days/month.
Meritorious gain time for
outstanding deed: Up to 60 days.
Incentive gain time for
educational or vocational
certificate: 60 days.
None

Statutory good time: One day
credit for each day served for
nonviolent offenses; less for
violent offenses.
Meritorious good time: 90 days
for good behavior in director’s
discretion.
Supplemental meritorious good
time: add’l 90 days for good
behavior only for nonviolent
offenders in director’s discretion.
Earned good conduct credit: ½
day for each day of participation
in education, drug treatment,
industries (nonviolent only).
Class I: one day credit for each
day served
Class II: one day credit for two
days served
Class III: no credit
(Classification depends on
disciplinary history)
Class IV (certain child molesting
and sex/murder offenses): one
day for six days served

Time Served
Requirement

No credit if offense was murder.
Credit limited to 15% for certain
vehicle theft offenses.

85% of sentence (total gain time
cannot exceed 15% of sentence)

Seven serious violent crimes:
100% of sentence
20 add’l violent crimes: 90%
Other crimes: one-third
Life sentences: 14 years
Murder: 100%
Violent crimes: 85%
Other crimes: 50%

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MI
MN

Indeterminate
Determinate

511
312

NJ

Indeterminate

313

NY

Mixed

326

OH

Determinate

428

PA
TX

Indeterminate
Indeterminate

353
683

WI

Determinate

284

In addition: education/treatment
credits can be earned = to four
years or 1/3 of total applicable
credit time, whichever is less
None
None. Disciplinary time for
misconduct can be added to
extend prison portion of sentence
up to entire term.
Commutation Credits (good time):
4 mos/year
Work credits: 1 day for every 5
days worked
Minimum Custody Credits: 3 days
for each month during first year in
minimum custody and 5
days/month thereafter
Indeterminate: up to 1/3 of
maximum sentence
Determinate: up to 1/3 of flat
term
With limited exceptions, may earn
one day/month for program
participation
None
Line Class III: no credit
Line Class II: 10 days good
conduct + 15 days diligent
participation credit/30 days
served
Line Class I: 20 days good
conduct + 15 days diligent
participation credit/30 days
served
State Approved Trusty (SAT) IV:
25 days good conduct + 15 days
diligent articipation credit/30 days
serpved
SAT II – I: 30 days good-conduct
+ 15 days diligent participation
credit/30 days served
None. Disciplinary time for
misconduct can be added to
extend prison portion of sentence
up to entire term.

100% of minimum sentence
2/3 of judicially imposed sentence
is served in prison and 1/3 is
spent on supervised release
If no mandatory minimum term,
parole eligibility is at one-third of
sentence less time off for work
and minimum custody credits

100% of minimum sentence
Most offenders eligible when
calendar time served + good time
credits = ¼ of sentence.
Violent offenders: calendar time
served must = ½ of sentence.

Judge imposes bifurcated
sentence, setting amount of time
to be served in prison and
amount on extended supervision
in community. Extended
supervision portion must be at
least 25% of total.

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Part B: The Elimination of Community Residential Programs (CRP)
Michigan’s truth-in-sentencing scheme had a second major component. It required all prisoners
to serve every day of their minimum sentences in secure facilities. That is, it prohibited
prisoners who were approaching their first parole dates from transitioning back to the community
by being placed in corrections centers or on electronic monitoring, so that they could work or go
to school while still in MDOC custody. As the table from the MDOC’s 1998 Annual Statistical
Report shows, for 12 years, thousands of people participated in CRP annually. Today, only about
40 remain eligible.

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