DocketNumber： No. 1069S239
Citation Numbers： 256 Ind. 183, 267 N.E.2d 382, 1971 Ind. LEXIS 610
Judges： Arterburn, Debruler, Givan, Hunter, Prentice
Filed Date： 3/17/1971
Status： Precedential
Modified Date： 11/9/2024
On Petition for Rehearing
This Court reversed the trial court which released the appellee on a writ of habeas corpus (see the opinion dated March 17, 1971.) The appellee has filed his petition
Burns Ind. Stat. Anno. § 13-511 states:
“Good-time allowance of prisoners — Indiana State Farm— Correctional department of Indiana Women’s Prison.— Every prisoner who is now or hereafter may be confined in the Indiana State Farm or correctional department of the Indiana Women’s Prison and who, while an inmate of said institution, shall have no infractions of the rules and regulations of the institution nor infractions of the laws of the state of Indiana or laws of the United States recorded against him or her, and who performs in a faithful manner the duties assigned to him or her while a prisoner shall be entitled to a diminution of time from his sentence as indicated in the following table, for the respective months of his sentence (including time being served for unpaid fine or costs) and pro rata for any part of a month. In cases of prisoners sentenced for a specified number of days instead of months, good time shall be computed on the basis of thirty (30) days to the month.
Number of Months of Sentence Good Time Total Good Time Made
1 --------------3 days------------ 3 days
2 -------------4 days------------ 7 days
3 -------------5 days------------12 days
4 -------------6 days------------18 days
5 --------------7 days------------25 days
6 -------------8 days------------33 days
7 -------------9 days-------------42 days
8 -------------10 days------------52 days
*187 Number of Months of Sentence Good Time Total Good Time Made
9_________ —10 days____________62 days
10_________ __10 days------------72 days
11_________ —10 days,____________82 days
12_________ —10 days____________92 days
13 _________ —10 days____________102 days
14 _________ —10 days____________112 days
15 _________ __10 days____________122 days
16 _________ —10 days------------132 days
17 _________ —10 days____________142 days
18 _________ —10 days____________152 days
19 _________ —10 days------------162 days
20 _________ —10 days____________172 days
21________ —10 days____________182 days
22_________ __10 days____________192 days
23 _________ —10 days____________202 days
24 _________ —10 days____________212 days
“Any prisoner who shall have been sentenced to a term of imprisonment for a longer period of time than twenty-four (24) months shall, in addition to the good time provided in the foregoing table, be entitled to a diminution of ten (10) days per month from his sentence for each month which such prisoner is confined beyond such period of twenty-four (24) months. (Acts 1923, ch. 38, § 1, p. 127; 1943, ch. 28, § 1, p. 59.)”
It is to be noted under this statute that the prisoner is entitled to good time only if he “shall have no infractions of the rules.” Burns Ind. Stat. Anno. § 13-512, provides that where a prisoner is found guilty of an infraction of the rules, he may be deprived of the good time gained. The objective of the “good time” statute is to give prison authorities control over the prisoners and induce the prisoners to behave well. With this objective in mind, we feel our interpretation which we have previously stated in our original opinion, carries out more accurately the objective of the statute and gives prison authorities somewhat more latitude.
Under appellee’s own calculation, as stated further in his petition for rehearing, he would not have been entitled for release until August 6, 1969. Nevertheless, the trial court released appellee on July 25, 1969.