47-5-139 - Certain inmates ineligible for earned time allowance; commutation to be based on total term of sentences; forfeiture of earned time in event of escape.
§ 47-5-139. Certain inmates ineligible for earned time allowance; commutation to be based on total term of sentences; forfeiture of earned time in event of escape.
(1) An inmate shall not be eligible for the earned time allowance if:
(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;
(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(c) The inmate has forfeited his earned time allowance by order of the commissioner;
(d) The inmate was convicted of a sex crime; or
(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.
(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
Sources: Codes, 1942, § 7944; Laws, 1964, ch. 378, § 24; Laws, 1971, ch. 524, § 12; Laws, 1973, ch. 357, § 1; Laws, 1974, ch. 539, § 29; Laws, 1975, ch. 485, §§ 2, 5; Laws, 1976, ch. 389; Laws, 1976, ch. 440, § 67; Laws, 1977, ch. 479, § 3; reenacted, 1981, ch. 465, § 74; Laws, 1981, ch. 502, § 10; Laws, 1982, ch. 431, § 2; reenacted, 1984, ch. 471, § 66; reenacted, 1986, ch. 413, § 66; Laws, 1992, ch. 520, § 2; Laws, 1994 Ex Sess, ch. 25, § 6; Laws, 1995, ch. 596, § 5, eff from and after June 30, 1995.