Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal General Prison Talk, Introductions & Chit Chat
Register Entertainment FAQ Calendar Mark Forums Read

Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-05-2004, 12:32 PM
greyghost's Avatar
greyghost greyghost is offline
Liberty Tree
 

Join Date: Aug 2003
Location: US
Posts: 2,513
Thanks: 80
Thanked 709 Times in 391 Posts
Post Good Conduct Time (GCT) Calculations

I cannot remember who, (for this I apologize), but someone PM'd me (I mistakenly deleted all of my message when I was cleaning out my PM inbox) in reference to the BOP's calculation of Good Conduct Time (GCT).

In an attempt to get back with this individual, and hopefully answer his question, I will post a general response on how the BOP calculate's GCT.

Taken directly out of BOP Policy:

P.S. 5880.28, Sentence Computation Manual New Law (CCCA)
Beginning on page 1 - 40
February 21, 1992

Good Conduct Time. Subsection 3624(b) states, "(b) Credit toward service of sentence for satisfactory behavior.-- A prisoner who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of his life, shall receive credit toward the service of his sentence, beyond the time served, of fifty-four days at the end of each year of his term of imprisonment, beginning at the end of the first year of the term, unless the Bureau of Prisons determines that, during that year, he has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner. If the Bureau determines that during that year, the prisoner has not satisfactorily complied with such institutional regulations, he shall receive no such credit toward service of his sentence or shall receive such lesser credit as the Bureau determines to be appropriate. The Bureau's determination shall be made within fifteen days after the end of each year of the sentence. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence."

For computation purposes, it is necessary to remember the following about subsection 3624(b):

54 days of GCT may be earned for each full year served on a sentence in excess of one year, with the GCT being prorated for the last partial year. No GCT can be earned on, or awarded to, a sentence of one year or less.

The BOP has 15 days after the end of each full year served to make a determination as to the amount of the 54 days that shall be awarded. If the BOP makes no decision about the amount of GCT to award in the 15 days at the end of the year just served, then the entire 54 days will be automatically credited to the sentence on the Vested Date.

Once GCT has been vested it may not later be disallowed.

The BOP has six weeks before the end of the sentence to make a determination about how much of the prorated GCT to award for the last portion of a year of the term of imprisonment. If the BOP makes no decision about the amount of GCT to award in the last six weeks of the sentence, then the entire amount possible to award for that period of time will be automatically credited to the sentence on the last day of the sentence (date of release and Vested Date).

An action to delay, disallow or suspend the award of some or all of the GCT for a decision at a later time that is not within the 15 day, or six week, consideration time periods is not authorized.

For release purposes, subsection 3624(b) is the most important provision in the computation process since the proper application of that subsection determines the actual statutory date of release for the prisoner. The release date is determined, of course, by subtracting the total amount of GCT awarded during the term of the sentence from the full term date of the sentence. The total amount of GCT awarded during the term of a sentence is found by adding the amount of GCT awarded at the end of each year to the amount of GCT awarded for the last portion of a year.

As noted above, 54 days of GCT may be awarded for each full year served on a sentence in excess of one year. Since 54 days of GCT per year cannot be divided evenly into one year, or 12 months, or 52 weeks, or 365 days, determining the amount of GCT that may be awarded for the last portion of a year on the sentence becomes arithmetically complicated. The BOP has developed a formula (hereinafter called the "GCT formula") that best conforms to the statute when calculating the maximum number of days that may be awarded for the time served during the last portion of a year on the sentence.

The GCT formula is based on dividing 54 days (the maximum
number of days that can be awarded for one year in service of a sentence) into one day which results in the portion of one day of GCT that may be awarded for one day served on a sentence. 365 days divided into 54 days equals .148. Since .148 is less than one full day, no GCT can be awarded for one day served on the sentence. Two days of service on a sentence equals .296 (2 x .148) or zero days GCT; three days equals .444 (3 x .148) or zero days GCT; four days equals .592 (4 x .148) or zero days GCT; five days equals .74 (5 x .148) or zero days GCT; six days equals .888 (6 x .148) or zero days GCT; and seven days equals 1.036 (7 x .148) or 1 day GCT. The fraction is always dropped.

Since, in accordance with the statute (18 USC § 3624(b)), no GCT can be awarded to a sentence of one year or less, then the very shortest sentence that can be awarded GCT is a sentence of 1 year and 1 day. Because a prisoner would accrue GCT while serving a sentence of 1 year and 1 day and, therefore, serve something less than the full sentence, it would be impossible to accrue the full 54 days of GCT for a sentence of 1 year and 1 day. As a result, the GCT formula previously discussed must be utilized as shown below to determine the amount of GCT to award for a partial year. This method of calculating the GCT possible to award for the last portion of a year of a sentence to be served must be followed in all partial year calculations. (For the purpose of this demonstration, the sentence of 1 year and 1 day equals 366 days.)

Step No. 1
Sentence = 366 - 54 = 312 days

312 days served does not equal 54 days of GCT but does equal 46 days.


Step No. 2
Days Served = 312 x .148 = 46.176 = 46 days GCT

Subtracting 46 days from the sentence of 366 days results in 320 days to be served.


Step No. 3
Sentence = 366 - 46 = 320 days

46 days of GCT is not enough because 46 plus 312 days to be served equals a sentence of 358 days, 8 days short of a sentence of 366 days (1 year and 1 day).


Step No. 4
Time Served = 312 + 46 = 358 days

Comparing 320 days to serve, which is too much time to serve, with 312 days to serve, which is not enough time to serve, reveals that the amount of GCT that can be earned must fall somewhere between 54 and 46 days. As a result, the next step is to determine how much GCT can be earned on 320 days served.


Step No. 5
Time Served = 320 x .148 = 47.36 = 47 days GCT

Subtracting 47 days from the sentence of 366 days (1 year and 1 day) results in 319 days to be served.


Step No. 6
Sentence = 366 - 47 = 319 days

Utilizing the GCT formula, it is learned that 319 days served equals 47 days GCT.


Step No. 7
Time Served = 319 x .148 = 47.212 = 47 days GCT

Adding 319 days time served to 47 days GCT does equal a sentence of 366 days (1 year and 1 day).

Step No. 8
Time Served = 319 + 47 = 366 days

The amount of GCT that can be awarded for a sentence of 366 days (1 year and 1 day) is 47 days.

The steps that were followed in the preceding example must be followed in every instance when it is necessary to determine the amount of GCT that can be awarded for a partial year served on a sentence. A short version of the preceding eight steps is shown below.

366 x .148 = 54.168 (366 + 54 = 420)
366 - 54= 312 x .148 = 46.176 (312 + 46 = 358)
366 - 46= 320 x .148 = 47.36 (320 + 47 = 367)
366 - 47= 319 x .148 = 47.212 (319 + 47 = 366)

Thus--319 days actually served plus 47 days of GCT equals 366 days, or a sentence of 1 year and 1 day.

There is one exception to the "fraction is always dropped" rule. For instance, if the partial year remaining on a sentence equals 7 days and if the full 7 days were served, then 1 day of GCT credit (7 x .148 = 1.036 = 1 day) could be awarded. If the 1 day is awarded, however, then only 6 days would actually be served on the final 7 days and for 6 days served no GCT (6 x .148 = .888 = 0 days) would be authorized. This arithmetical conflict occurs each time that the actual time to serve plus the GCT equals 1 day less than that final portion of the year remaining on the sentence. For example, applying the GCT formula to a final portion of a year of 294 days results in the following calculation.

294 x .148 = 43.512 (294 + 43 = 337)
294 - 43= 251 x .148 = 37.148 (251 + 37 = 288)
294 - 37= 257 x .148 = 38.036 (257 + 38 = 295)
294 - 38= 256 x .148 = 37.888 (256 + 37 = 293)


As you can see from above, the GCT formula does not produce a result that will allow the number of days actually served plus the GCT to equal 294 days. Since it is to the advantage of the prisoner to award an additional full day for 37.888 days (38 days instead of 37 days) of GCT in such a situation, the BOP will award that additional 1 full day even though the time served results in a fraction (.888 in this case) short of a full day.

It is essential to learn that GCT is not awarded on the basis of the length of the sentence imposed, but rather on the number of days actually served. In other words, when the GCT awarded plus the number of days actually served equals the days remaining on the sentence, then the prisoner shall be released on the date arrived at in the computation process (days remaining on sentence - (GCT + days served) = release date). The following example demonstrates the computation process for determining a final release date on a sentence with 355 days remaining and that has a 10-10-91 date of release prior to the award of GCT.

355 x .148 = 52.54 (355 + 52 = 407)
355 - 52= 303 x .148 = 44.844 (303 + 44 = 347)
355 - 44= 311 x .148 = 46.028 (311 + 46 = 357)
355 - 46= 309 x .148 = 45.172 (309 + 45 = 354)
355 - 45= 310 x .148 = 45.88 (310 + 45 = 355)


Release Date = 10-10-91 = 19276
GCT = -00045
Final Release Date = 08-26-91 = 19231

Based on the partial year formula, any sentence that equals 418 days (e.g., 1 year, 1 month and 21 days) through 425 days (e.g., 1 year, 1 month and 29 days), can receive 54 days of GCT. Beginning with sentences that equal 426 days, more than 54 days of GCT can be awarded. As a result, any sentence that exceeds 425 days will require an Anniversary Date and a prorated year computation.

Now that the method for finding the release date for a partial year has been shown, the following example demonstrates the calculation of a sentence of 1 year and 1 month with no jail time credit or inoperative time.

Date Sentence Began 90-06-23
Sentence Length + 01-01-00
Full Term Date 91-07-22* = 19196
Date Sentence Began 90-06-22* = -18801
Days Remaining 395


395 x .148 = 58.46 (395 + 58 = 453)
395 - 58= 337 x .148 = 49.876 (337 + 49 = 386)
395 - 49= 346 x .148 = 51.208 (346 + 51 = 397)
395 - 51= 344 x .148 = 50.912 (344 + 50 = 394)
395 - 50= 345 x .148 = 51.06 (345 + 51 = 396)

You will note that the GCT formula does not allow the GCT plus the days served (344 + 50 = 394 and 345 + 51 = 396) to equal the days remaining on the sentence (395). As a result, in accordance with the exception to always "dropping the fraction" rule, 51 days of GCT is awarded for the partial year rather than 50 days.



I hope that this clears it up (clear as mud - I know)

Greyghost
__________________
GIVE the GIFT of LIFE - Be an Organ Donor.
PAY IT FORWARD
Reply With Quote
Sponsored Links
  #2  
Old 01-05-2004, 01:43 PM
ExBOPer ExBOPer is offline
Account Closed
 

Join Date: Dec 2003
Location: California
Posts: 272
Thanks: 0
Thanked 0 Times in 0 Posts
Default

The firm work for has software that does the calculations. Be aware that the result actually averages to just a bit over 47 days per year because of what my boss refers to as the "BOP's fuzzy math."
Reply With Quote
  #3  
Old 01-05-2004, 02:08 PM
greyghost's Avatar
greyghost greyghost is offline
Liberty Tree
 

Join Date: Aug 2003
Location: US
Posts: 2,513
Thanks: 80
Thanked 709 Times in 391 Posts
Default

I have to respectfully disagree with your firms interpretation. It does not work out to a 'bit over 47 days per year'.

I think that the GCT statute was ill-conceived, poorly written/thoughtout, but it would appear to me that by creating the 'allusion' of BOP fuzzy math, the firm you work for might be fishing for perspective clients. When in reality, aside from getting the statute changed, there is absolutely nothing that any 'firm' can do about it, no matter how many cases/lawsuits they file.

Sorry, IMO

Greyghost
__________________
GIVE the GIFT of LIFE - Be an Organ Donor.
PAY IT FORWARD
Reply With Quote
  #4  
Old 01-05-2004, 04:58 PM
jft's Avatar
jft jft is offline
Been there...did that
 

Join Date: Jun 2003
Location: Minnesota (USA)
Posts: 731
Thanks: 0
Thanked 18 Times in 2 Posts
Default

I wish the finger pointing/arguing would stop. I did not take Lisa's post as fishing for clients, only that she works for a firm that has a program that does the calculations, therefore adding credibility to her numbers.

It is good to have people in her position to give us information. Just as you give your position as a person who works for the BOP, I'm sure we all appreciate it as well. But how would you feel if you were accused of just being here to gather information from suffering families to use against us???

Please stop this, it is annoying.

And also, I know my hubby is ONLY getting 47 days GTC for his 1 year and a day...
__________________
JFT
Reply With Quote
  #5  
Old 01-05-2004, 06:41 PM
kintml2u's Avatar
kintml2u kintml2u is offline
Registered User
Donation Award 
 

Join Date: Dec 2001
Location: MD
Posts: 7,165
Thanks: 37
Thanked 151 Times in 82 Posts
Default

As the forum leader, I wanted to step in here.

Here in the federal forum, we all benefit from the professional knowledge brought in by our members. And we have a couple who go above and beyond to help us understand things.

Each and every member, brings something to this group and I myself am happy to have you all here.

Reading these recent post, I think both members here have a more clear insight of how to calculate federal prison time. And I am certain both have software available to them for doing these calculations. I will repeat what our founder has said before.

Quote:
I am not taking any side on which time calculation is correct, as I do not know.. Everyone must remember something.. It is your responsibility to take all the information provided to you and form your own conclusion..
Let's please stay away from negative comments and post. It is very difficult to understand the BOP and all assistance offer here is benificial.

Diane
Reply With Quote
  #6  
Old 01-05-2004, 09:43 PM
ExBOPer ExBOPer is offline
Account Closed
 

Join Date: Dec 2003
Location: California
Posts: 272
Thanks: 0
Thanked 0 Times in 0 Posts
Default

No "fishing for clients." We do not do that type of litigation - and there was a 9th Circuit case that already decided the issue - for now.

The federal public defender (can't remember the name) in Oregon is the one pushing this. The software we use is actually to help in guidelines calculations. It has a BOP calculator that is included. The company that wrote the program told us in a workshop that 47 days is the average.
Reply With Quote
  #7  
Old 01-05-2004, 10:02 PM
greyghost's Avatar
greyghost greyghost is offline
Liberty Tree
 

Join Date: Aug 2003
Location: US
Posts: 2,513
Thanks: 80
Thanked 709 Times in 391 Posts
Default

Quote:
Originally posted by jft
I wish the finger pointing/arguing would stop. I did not take Lisa's post as fishing for clients, only that she works for a firm that has a program that does the calculations, therefore adding credibility to her numbers.

It is good to have people in her position to give us information. Just as you give your position as a person who works for the BOP, I'm sure we all appreciate it as well. But how would you feel if you were accused of just being here to gather information from suffering families to use against us???

Please stop this, it is annoying.

And also, I know my hubby is ONLY getting 47 days GTC for his 1 year and a day...
jft-

You are correct in that your husband is only eligible to earn 47 days of GCT on a sentence on 1 year and 1 day. As crazy as it seems the 'logic' supposedly behind this is that your husband will not actually serve a full year in prison. In the original post to this topic the BOP attempts to show this out in one of it's calculations. As the statute states, GCT is earned for each 'year served'. That is why your husband was sentenced to 12 months and 1 day, and not just 12 months. If he was sentenced to only 12 months, then he would acutally have to serve a longer sentence (or spend more time in prison) than someone sentenced to 12 months and a day. Crazy isn't it. Again as I have stated, I think that the statute is poorly written. But the only way to change it is through our Reps/Senators.

Greyghost.
__________________
GIVE the GIFT of LIFE - Be an Organ Donor.
PAY IT FORWARD
Reply With Quote
  #8  
Old 01-05-2004, 10:11 PM
greyghost's Avatar
greyghost greyghost is offline
Liberty Tree
 

Join Date: Aug 2003
Location: US
Posts: 2,513
Thanks: 80
Thanked 709 Times in 391 Posts
Default

Quote:
Originally posted by ExBOPer
No "fishing for clients." We do not do that type of litigation - and there was a 9th Circuit case that already decided the issue - for now.

The federal public defender (can't remember the name) in Oregon is the one pushing this. The software we use is actually to help in guidelines calculations. It has a BOP calculator that is included. The company that wrote the program told us in a workshop that 47 days is the average.
To Lisa-

I apologize.

It was wrong of me to assume that you had anything other than honorable intentions in your post. I had nothing to base that on in reference to you.

What blinded me, or caused me to respond in the manner that I did, was that I am certain that this forum has been used by others to 'fish for clients', or take advantage of people. I know that it has happened. I don't want it to happen again. That is not what this forum is about.

On the 47 days. The reason for my response to this statment is that the 47 day average is not based on fact, nor supported by any studies. It is a statement used by some companies (maybe like the one that you refered), as well as some firms, to to help them sell their product, increase their business. Maybe if they can create confusion, doubt then they might be able to get more business. That is all. From what you have posted in response to me. I have no reason to believe that you, and the firm you work for, truly wish to help those having to deal with all of these difficult issues.

Please accept my apologies.

Greyghost.
__________________
GIVE the GIFT of LIFE - Be an Organ Donor.
PAY IT FORWARD
Reply With Quote
  #9  
Old 01-06-2004, 12:24 AM
ExBOPer ExBOPer is offline
Account Closed
 

Join Date: Dec 2003
Location: California
Posts: 272
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I did not take offense, but I acept your apology. The guy's name is Steve Sady. He is the Fed. Public Defender in Oregon.
Reply With Quote
  #10  
Old 01-06-2004, 01:39 AM
escamillo's Avatar
escamillo escamillo is offline
Registered User
 

Join Date: Jul 2002
Location: Buenos Aires, Argentina
Posts: 558
Thanks: 0
Thanked 3 Times in 2 Posts
Default

Please tell me whether my calculation is a good approximation. Since each day served in theory allows for 0.1479452 days of GCT, then there is a factor of (rounded) 1.148 days taken into account, for each day served. I tried 366/1.148= 318.8153 (47 days GCT), then 1 year and 1 month 395/1.148= 344 days (51 days GCT), then 4 years: 1460/1.148= 1271.77 (188 days GCT), and so on, and this calculation by means of a linear formula instead of the BOP's succesive approximation, renders the same results, PLUS OR MINUS ONE DAY depending on the interpretation of the fraction of a day.

There is no mention of odd years. I think that an odd year served should allow for another 0.148 day GCT which could contribute to gain one additional day, at the end of a long sentence.

Un abrazo,
Andrés
Reply With Quote
  #11  
Old 01-06-2004, 01:49 AM
escamillo's Avatar
escamillo escamillo is offline
Registered User
 

Join Date: Jul 2002
Location: Buenos Aires, Argentina
Posts: 558
Thanks: 0
Thanked 3 Times in 2 Posts
Default

In the case of my son, arrested on Nov 21 2000 and sentenced to 48 months, the factor 1.148 renders 1272 days for a release date of May 16 2004, which is exactly what the BOP's Inmate Locator shows.
Reply With Quote
  #12  
Old 01-26-2004, 01:48 PM
BELIEVE BELIEVE is offline
Registered User
 

Join Date: Dec 2003
Location: NORTH CAROLINA, U.S.
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Has Anyone Heard Anything Else From The B.o.p. About The Increased Good Time For Federal Prisons?
Reply With Quote
  #13  
Old 01-26-2004, 05:26 PM
ExBOPer ExBOPer is offline
Account Closed
 

Join Date: Dec 2003
Location: California
Posts: 272
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I would venture to guess that nothing would be heard from the BOP. The Congress perhaps, but not the BOP.
Reply With Quote
  #14  
Old 01-26-2004, 08:06 PM
greyghost's Avatar
greyghost greyghost is offline
Liberty Tree
 

Join Date: Aug 2003
Location: US
Posts: 2,513
Thanks: 80
Thanked 709 Times in 391 Posts
Default

Well, as ExBOPer said, if something was to happen, the BOP wouldn't issue any press releases over it. They would just do it. Additionally, it's not the BOP pushing for an increase in GCT. If anything happens, it must come through Congress, followed by their own press releases.
__________________
GIVE the GIFT of LIFE - Be an Organ Donor.
PAY IT FORWARD
Reply With Quote
  #15  
Old 02-16-2004, 04:07 PM
outforjustice outforjustice is offline
Registered User
 

Join Date: Feb 2004
Location: Montana- usa
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I have alot of friends doing Federal sentences and I to would like to know if the 108 days of GCT has been approved! Is there any sure way for me to find out if congress did pass the law and B.O.P is just ignoring it ?
Reply With Quote
  #16  
Old 02-16-2004, 04:38 PM
kintml2u's Avatar
kintml2u kintml2u is offline
Registered User
Donation Award 
 

Join Date: Dec 2001
Location: MD
Posts: 7,165
Thanks: 37
Thanked 151 Times in 82 Posts
Default

Welcome to PTO!

As of this time...nothing for more good time credit has passed. It still sits as possible 54 days per year.

Diane
Reply With Quote
  #17  
Old 02-16-2004, 06:03 PM
cjjack's Avatar
cjjack cjjack is offline
Registered User
 

Join Date: Jan 2004
Location: USA
Posts: 3,162
Thanks: 0
Thanked 100 Times in 18 Posts
Default

From the day I walked in to federal prison I heard the rumors of increased GCT, early release for non-violent offenders, etc. It went on and on. The rumors especially increased around every November. But every year we heard the same rumor of increased GCT. There were those inmates who would swear up and down that a "law" was passed to get us out of prison earlier. When it never happend there were many sad inmates, you would actually see ladies crying on the compound. After the first year I realized that these were in fact just rumors and I just did my time. People want out of prison so bad that they are willing to believe everything they hear and if you try to tell them otherwise there were some who would get very angry. I wish increased GCT would happen, i just know it hasn't yet!!
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
2 Greyghost questions, good time "formula" and prior jail time credit ButterflyDancer Federal Prison Self Surrendering Information 8 04-28-2007 06:36 PM
Question about fed time year and a day? Bob Willy Federal General Prison Talk, Introductions & Chit Chat 3 04-25-2005 02:48 PM
Sentence Reduction in Virginia thechefswife Virginia General Prison Talk, News, Introductions & Chit Chat 21 08-10-2004 12:18 AM
Missouri's Parallel Universe Ken Missouri Prison & Jail Visitation, Phones, Packages & Mail 9 04-21-2004 10:57 PM


All times are GMT -6. The time now is 01:05 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics