Chapter 0

 

Good Time Allowances for Inmates and Parolees of the

Wyoming Department of Corrections

 

Section 1.Authority.

 

(a)Pursuant to W.S. 7-13-420, "The governor, after consultation with the board and the department, shall adopt rules and regulations to establish a system of good time and special good time allowances for inmates of and parolees from any state penal institution, any institution which houses Wyoming inmates pursuant to W.S. 7-3-401 or any other correctional facility operated pursuant to a contract with the state under W.S. 7-22-102 or inmates or parolees transferred to a community correctional facility pursuant to W.S. 7-18-109 or 7-18-115. The rules may provide for either good time to be deducted from the maximum sentence or for good time to be deducted from the minimum sentence imposed by the court, or both, and may provide for the removal of previously earned good time allowances and the withholding of future good time allowances."

 

(b) "The rules and regulations adopted by the governor as provided by this section shall be filed in the office of the secretary of state but shall at all times be considered rules relating to the internal management of state penal institutions and not affecting private rights of inmates. The granting, refusal to grant, withholding or restoration of good time or special good time allowances to inmates shall be a matter of grace and not that of right of inmates."

 

Section 2.Definitions.

 

(a)                "Board" means the Wyoming Board of Parole.

 

(b)               "Director" means the director of the WDOC.

 

(c)  "Especially proper and helpful attitude, and exemplary conduct and behavior" includes but is not limited to outstanding adherence to the rules of the institution and compliance with directions or recommendations regarding work assignments or vocational, educational, rehabilitative or treatment programs, and a marked demonstration of pro-social behavior in the prison setting.

 

(d)  "Evidentiary hearing" includes hearings pursuant to the WDOC Code of Inmate Discipline, Board revocation hearings, county jail hearings, WDOC jail and ACC sanction hearings, judicial civil or criminal hearings or trials or other hearings providing at least the minimal procedural steps required for removal of previously earned good time or withholding of good time towards credit for time served in county jail including, but not limited to, prior notice of the hearing and of the allegations, opportunity to hear and present evidence in person and to confront witnesses and a decision by an impartial decision maker. Hearings conducted by the Board and WDOC are exempt from the hearing and appeal procedures established in the Wyoming Administrative Procedure Act.

 

(e)  "Good time allowance" is a reduction of the minimum and maximum sentence of an inmate in the amount of up to fifteen (15) days per month for each month served on a sentence as an inmate, to include the inmate's credit for jail time served in accordance with the inmate's Judgment and Sentence and any time served in the county jail from the date of sentence until transfer to a WDOC facility. Good time may be awarded at the discretion of the Warden based on an inmate's proper and helpful attitude, conduct and behavior. An inmate serving a life sentence or a sentence of death is not eligible for good time allowances. The granting of good time is a matter of grace and not that of a right of inmates.

 

(f)  "Inmate" means an individual who is serving a sentence of incarceration committing him/her to the custody of the WDOC, who has not been released to probation or parole, and who is housed in a facility which is operated for the purpose of housing convicted criminals.

 

(g)  "Parole good time allowance" is a reduction of the maximum sentence of a parolee in the amount of up to twenty (20) days per month for each month served on parole. Parole good time may be awarded at the discretion of the Board based on a parolee's compliance with the conditions of parole. The granting of parole good time is a matter of grace and not that of a right of parolees.

 

(h)  "Parolee" means an individual who is on parole status pursuant to an order of the Board.

 

(i)  "Proper and helpful attitude, conduct and behavior" includes, but is not limited to, adherence to an individualized case plan, participation in work, education, vocational programs, job training, treatment or rehabilitative programs as recommended by WDOC, the Board or the sentencing court and adherence to the rules of the institution.

 

(j)  "Special good time allowance" is a reduction of the minimum sentence of an inmate in addition to the monthly good time allowance authorized herein. Special good time may be awarded at the discretion of the Board within limits set forth herein based on an inmate's especially proper and helpful attitude and exemplary conduct and behavior. The granting of special good time is a matter of grace and not that of a right of inmates.

 

(k)  "Warden" means the chief administrator of a WDOC correctional facility.

 

(l)  "WDOC" means the Wyoming Department of Corrections.

 

Section 3.Award of Good Time.

 

(a)  If the inmate has the proper and helpful attitude, conduct and behavior in an institution, to include time served in county jails in accordance with the Judgment and Sentence and from date of sentence until transfer to a WDOC facility, the Warden may award good time for each month served, which will reduce the minimum and/or maximum sentence to be served.

 

(b)  Good time may be awarded to an inmate not to exceed fifteen (15) days per month for each month served of his or her minimum and/or maximum sentence.

 

(c)  When an inmate enters a WDOC institution, a projected discharge date will be calculated based upon the full potential good time award, including any good time credit for time served in the county jail, on the maximum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes. This date can never be earlier than the date on which the minimum sentence will terminate.

 

(d)When an inmate enters a WDOC institution, a projected parole eligibility date will be calculated based upon the full potential good time allowance, including any good time credit for time served in the county jail, off the minimum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes.

 

(e)WDOC must consult with the county sheriff to determine whether good time should be awarded to an inmate or parolee before awarding good time for credit for time served in the county jail.

 

(f)Upon request by the Board, or upon WDOC's own determination, WDOC shall conduct a mutli-disciplinary team meeting to determine if a change in circumstances warrants the award of good time for time spent in county that was previously withheld. The recommendation shall be presented to the Warden for a determination if the award should be granted. The final determination is not subject to appeal and this subsection does not create a right for an inmate or parolee to request such a determination. 

 

(g)Any parolee or inmate who has exceeded his/her minimum sentence on July 1, 2020, will receive a projected discharge date on the maximum sentence only. The projected discharge date shall be calculated based upon potential good time awarded as a WDOC inmate and the good time awarded for credit for time served in the county jail in accordance with the Judgment and Sentence along with any time served in the county jail from the date of sentence until transfer to the WDOC facility.

 

(h)Good time awarded for time served in county jail, which includes credit for time served in accordance with the Judgment and Sentence and from date of sentence until transfer to a WDOC facility, shall not apply to sentences discharged before July 1, 2020, but shall apply to current sentence(s) and to any subsequent sentence for which the trial court ordered jail time to be credited.

 

Section 4.  Award of Special Good Time.

 

(a) The Board may award up to one month of special good time off the minimum sentence for every year in length of the minimum sentence, up to a maximum reduction of one year, in addition to the monthly good time allowance authorized herein. The Board may award special good time in any of the following circumstances:

 

(i) It will assist the inmate in attending a program needed for rehabilitation, mental or medical treatment;

 

(ii)It will prevent an inmate from returning to general population upon completion of ITU/TC;

 

(iii)It will expedite an Immigration and Customs Enforcement detainer for deportation only;

 

(iv)It will expedite a felony detainer from another jurisdiction with a term of imprisonment equal to or greater than their current sentence;

 

(v) It will assist in further education;

 

(vi)It will assist in transition back to the community; or

 

(vii) An inmate has demonstrated an especially proper and helpful attitude and exemplary conduct and behavior.

 

(b)  The Board may award up to one year of special good time, regardless of length of the minimum sentence, to an inmate with the requisite attitude, conduct and behavior, only for the purpose of paroling him to an Adult Community Corrections program, the Intensive Supervision Program, a Court Supervised Treatment Program or other established community treatment program or to another state when the inmate would not otherwise have sufficient time left on the maximum sentence by the time of parole eligibility for such a parole. Awards under this paragraph shall not exceed the amount reasonably necessary to effect a parole to the identified program or another state.

 

(c)  Special good time may be awarded more than one time on the current sentence, but shall not exceed the limits set forth in paragraphs (a) and (b) above.

 

Section 5. Removal and Withholding of Good Time and Special Good Time.

 

(a)  Any good time allowance which has already been awarded may be removed by the WDOC or the Board from an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior, except that good time and special good time may not be removed from the minimum sentence after it has been served. Additionally, the WDOC or the Board may prohibit the earning of future good time by an inmate on the above grounds. The WDOC's or the Board's decision is final and not subject to appeal. Good time awarded for time served while in county jail shall be treated identically to good time earned or awarded while in a WDOC facility and shall be subject to future removal.

 

(b)  Future earnings of good time may be withheld at the discretion of WDOC, after the inmate has been afforded an evidentiary hearing. The decision by the Warden to withhold good time shall be final and not subject to appeal.

 

(c)  The procedure to be used by the WDOC for the removal of good time which has been awarded shall include a recommendation made by the Warden, after the inmate has been afforded the opportunity for an evidentiary hearing and the grounds have been established. The inmate shall be notified in writing of the recommendation and advised that he or she may submit written objections to the recommendation within ten (10) days of the date the notification is written. Such objections shall be directed to the Director. The Director will review the recommendation for removal of good time and objection, if any, together with the written summary and determination from the institutional file of the inmate, and may, in his/her discretion, receive evidence from the inmate and others. Based on this information, the Director shall determine whether to remove good time allowances already awarded and the extent thereof, and the inmate shall be notified in writing of such determination, which shall be final and not subject to appeal.

 

(d)  The Board may, of its own accord and without the recommendation of the WDOC, determine whether to remove good time and/or special good time already granted, and/or to prohibit the earning of future good time and/or special good time allowances of an inmate who has not demonstrated a proper and helpful attitude, conduct and behavior. The inmate shall be notified in writing, telephonically or in person of the Board's intent. If notice is given in person or telephonically, the Board shall offer the inmate an opportunity to voice his/her objection(s), if any, or may table its decision to allow the inmate to submit his/her objections in writing. If written notice is given, the inmate will be given the opportunity to submit objections in writing. Written objection(s) shall be submitted to the Board within ten (10) days of notice. If the grounds for removal of good time and/or special good time already awarded and/or withholding of future earnings have not previously been determined through an evidentiary hearing, the Board shall afford the inmate an evidentiary hearing before the Board members or a hearing officer prior to the Board's final decision. The Board's determination shall be final and is not subject to appeal.

 

(e) The WDOC's procedure to withhold good time awarded for the credit for time served in the county jail, in accordance to the Judgement and Sentence, shall include a review of the records and other communications received from the respective county jail where the inmate was housed. The records shall include documentation of any evidentiary hearing that took place, provided that the WDOC shall consider all records and communications provided, regardless of whether an evidentiary hearing occurred or any infirmities in the evidentiary hearing process which may exist. The Warden at the respective intake facility shall determine if good time shall be awarded based off of the records and communications received. The Warden's decision to award or withhold this good time shall not be subject to appeal. The Board, in its discretion, may remove such good time. If the county jail fails to provide such records or communications to the requesting facility, the facility will award good time. WDOC shall ensure it has done their due diligence in obtaining records.

 

(f)Inmates whose behavior warranted the removal and withholding of all good time by the Board of Parole prior to July 1, 2020, shall not receive an initial award of good time for time served in the county jail. 

 

 

 

 

Section 6.Restoration of Good Time and/or Special Good Time Allowance.

 

The matter of restoration of inmates' good time or special good time allowances shall be considered by the Board when recommended by the Warden with the approval of the Director or may be considered by the Board in its discretion at any time without the recommendation of the WDOC. Good time awarded for the credit served in county jail that is removed shall be subject to restoration by the Board.

 

Section 7.Maximum Sentence.

 

In no instance may good time allowances cause the maximum sentence to be less than the minimum sentence. No inmate may be released from incarceration until the minimum term of his/her sentence, reduced by any good time or special good time allowances, has been served.

 

Section 8.Award of Parole Good Time.

 

(a)  If a parolee complies with the conditions of parole, the Board may award parole good time for each month served on parole.

 

(b)  Parole good time may be awarded to a parolee in an amount not to exceed twenty (20) days per month for each month served on parole, which awards shall reduce the maximum sentence of the parolee.

 

(c)  When an inmate transitions to parole status, the WDOC shall calculate a projected parole discharge date based on good time previously awarded and the full potential parole good time award on the maximum sentence. Such calculation does not constitute an award of or entitlement to good time but is merely for administrative purposes.

 

Section 9.Removal and Withholding of Parole Good Time.

 

(a)  Any parole good time allowance which has already been awarded may be removed by the Board from a parolee who has not complied with the conditions of parole. Additionally, the Board may withhold future awards of parole good time to a parolee who has not complied with the conditions of parole. The Board's decision is final and not subject to appeal.

 

(b)  A decision by the Board to remove previously awarded parole good time may only be made if the parolee has been afforded the opportunity for an evidentiary hearing and guilt of the alleged violation(s) has been established.

 

(c)  A decision to withhold future awards of parole good time may be made at the discretion of the Board without an evidentiary hearing based on information that the parolee has not complied with the conditions of parole.

 

(d)  The parolee and the WDOC shall be informed in writing of the Board's decision to remove or withhold parole good time, and the WDOC shall recalculate the parolee's projected discharge date accordingly.

 

Section 10.Restoration of Parole Good Time.

 

The Board may restore parole good time which has been removed or withheld.

 

Section 11.Implementation of These Rules.

 

The WDOC and the Board shall adopt policies and procedures to implement these rules. Such policies and procedures are exempt from the rulemaking requirements of the Wyoming Administrative Procedures Act.

 

Section 12. Grandfather Clause.

 

These Rules, and conforming WDOC and Board policies and procedures, shall apply to all inmates except for those under court order to the contrary. The good time, special good time and parole good time allowances contained within these Rules shall not apply until the effective date of these Rules. Good time which has been awarded off an inmate's minimum sentence prior to July 1, 2010 may not be removed.