GAIN TIME/GOOD TIME:
And that leads me to the question I have been trying to answer for myself; and I am just not coming up with anything I can sell (to myself).:noooo:
Maybe one of the other lawyers can answer this for me.:help:
Maybe it is soooo simple that I am missing something. :whoosh:
My issue is with the "gain time" I keep hearing about.
Now I call it "good time" but who cares. (It's like a tomato/tomahhhto thing).
We have 2 separate statutory areas which delineate 'good time.":read:
As you can see, one is for county good time and one is for state DOC good time:
The County One:
951.21 Gain-time for good conduct for county prisoners.—
(1) Commutation of time for good conduct of county prisoners shall be granted by the board of county commissioners unless, by a majority vote of the board of county commissioners, the board elects to discontinue or revise gain-time policies for good conduct. If the board of commissioners authorizes commutation of time for good conduct, the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against a county prisoner: up to 5 days per month off the first and second years of the sentence; up to 10 days per month off the third and fourth years of the sentence; up to 15 days per month off the fifth and all succeeding years of the sentence. Where no charge of misconduct is sustained against a county prisoner, the deduction shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deduction allowable, will equal a month. A county prisoner under two or more cumulative.......
And there is the State One:STATE CORRECTIONAL SYSTEM .......
944.275 Gain-time.—
(1) The department is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.
(2)(a) The department shall establish for each prisoner sentenced to a term of years a “maximum sentence expiration date,” which shall be the date when the sentence or combined sentences imposed on a prisoner will expire. In establishing this date, the department shall reduce the total time to be served by any time lawfully credited. all be allowed commutation as if they were all one sentence.
It seems to me that no matter which statute one uses to calculate how much good time should come off a sentence, there is a presumption that the sentence is being served by the prisoner. It seems to be implicit that there is a future date when the sentence will end. The sentence is being served; the prisoner is doing actual time.
And then, with a release date in hand, some mathematician, adds up the good time and subtracts it from the sentence so as to move that release date backward in time.:bananapowerslide:
You know there's a but coming: :behind:
So, I have always understood 'good time" to be available only during a period when a sentence is being served.i.e. the prisoner is behind bars only because sentence has been handed down and is being served.
BUT that was not the case with Casey.
Casey was held on bail; She was not serving a sentence since the sentence was imposed and finished, wrapped on the date of the sentencing back in check fraud days.
When she was sentenced for the checks, the day of the sentencing, it was over and done, finis. She did not go back to jail to serve the sentence.
She went back to jail because she was held on bail for the murder charges which were pending.
Until the date of the sentencing for the lying charges, she was not serving a sentence so as to rack up the good time. Same deal as before the sentencing for the fraud/check stuff.
Both times she was held on bail. The point of good time is, and has always been to encourage prisoners to behave a certain way and also to participate in activities, programs, and so forth.
So if one of the other lawyers could explain to me how the "heck" the whole issue of good time/gain time even comes into play........when someone is held on bail and NOT doing a sentence????????
I would be eternally grateful.
In the event that there is no sound argument based in the law, I would accept a whacko arguably plausible theory but I cannot even come up with that.:banghead: