NC Register Volume 9 Issue 15 - Office of Administrative Hearings

PROPOSED RULES
£2}
number of days per month assigned to
participate, shall receive credit at the
rate of two days per month.
Gain Time II. In addition to Good
Time credits, eligible inmates who
satisfactorily perform job assignments
or who participate in training programs,
which are designated for Gain Time II
and require a minimum of six hours
participation per day, for the number of
programs and as provided in Rule .0114 of this
Section. Total credit awards shall not exceed four
days per month of incarceration for
misdemeanants. Credit awards shall not reduce a
felon's maximum term below the minimum term
imposed. Earned Time reduction credit awards
shall be awarded as Earned Time l± 11^ and HI or
as Meritorious Time as provided in Rule .0114 of
this Section.
(1) Earned Time I. Eligible inmates who
days per month assigned to
participate,
perform short-term work assignments
shall receive credit at the rate of four
or who participate in training programs,
£3}
days per month.
Gain Time III. In addition to Good
Time credits, eligible inmates performing
assigned jobs with requirements for
which are designated for Earned Time
I
and require a minimum of four hours
of productive activity per day, for the
number of days per month assigned to
special skills or specialized responsibili-
participate, shall receive two days per
ties such as specialized maintenance,
month deducted from the inmate's
cook, equipment operator, canteen
operator, hospital technician, who
121
sentence.
Earned Time II.
Eligible inmates who
participate in full-time training pro-
satisfactorily perform job assignments
grams, which are designated for Gain
Time HI and require a minimum of six
or who participate in training programs,
which are designated for Earned Time
hours participation per day, for the
number of days assigned to participate,
II
and require a minimum of six hours
participation per day, for the number of
shall receive credit at the rate of six
days per month assigned to
participate,
days per month.
shall receive four days per month de-
(b) Forfeiture. Gain time shall not be subject to
forfeiture for inmate misconduct.
(c) The following inmates are not eligible for
gain time as a sentence reduction credit:
(1) Inmate's sentenced under the Structured
Sentencing Act;
(2) Inmates committed to custody for contempt
of court;
(3) Health law violators;
(4) Inmates sentenced under the Fair Sentencing
Act for Class A and B felonies;
01
ducted from the inmate's sentence.
Earned Time HI. Eligible inmates
performing assigned jobs with requirements
for special skills or specialized
responsibilities such as specialized
maintenance, cook, equipment operator,
canteen operator, hospital technician, or
who participate in full-time training
programs, which are designated for
Earned Time III and require a minimum
of six hours participation per day, for
the number of days per month assigned
to participate,
shall receive six days per
(5) Inmates serving an active prison term
followed by a period of Special Probation;
(6) Safekeepers; and
(7) Presentence commitment for study
defendants.
month deducted from the inmate's
sentence.
(b) Forfeiture of Earned Time. Earned Time
shall be subject to forfeiture through disciplinary
action for inmate misconduct. The amount of
Statutory Authority G.S. 5A-12(c); 15A-1 340.7;
130A-25; 148-11; 148-13.
.0113 EARNED TIME
£a) Award of Earned Time. Inmates sentenced
to a term of years for a crime committed on or
after October \± 1994. except those sentenced
Earned Time lost
for inmate misconduct shall not
exceed the amount of time the inmate has earned
to date.
(c) Restoration of Forfeited Earned Time-
Earned time forfeited through disciplinary action
may be restored by facility superintendents; area
administrators; institution heads: and, in the case
under G.S. 20-138.1. shall be allowed sentence
of inmates confined to
local confinement facilities,
reduction credits for work performed or for participation
in training, education, or rehabilitation
the sheriff or administrator of a regional confinement
facility.
Such restoration shall be based upon
1159 NORTH CAROLINA REGISTER November 1, 1994 9:15