Good Time Battle

It is ironic when a prison, in the name of enforcing the law, breaks the law.  Such is the case currently at Lunenburg and the stakes are tremendous.

Inmates must abide by a code of conduct “DOPs” (Department Operating Procedures).  These procedures also govern how prisons conduct themselves.  These procedures create “due process”.  In other words, a warden can’t arbitrarily take action against an inmate because he doesn’t like him.  That is a fundamental principle of American law. 

Inmate good time (the 4 ½ days we earn each month.  That equals 15% of a sentence) is governed by DOP 830.3.  That DOP requires DOC to conduct an annual review with every inmate on their anniversary month.  A “treatment plan” is set - education, work, special programs – and the inmate’s prior year’s performance is reviewed.

The DOP sets a quantitative score for good time:

Level 1 (4 ½ days)    85-100 points

Level 2 (3 days)        65-84 points

Level 3 (1 ½ days)    50-64 points

Level 4 (0 days)        under 50 points

Everyone starts at 100 points and then deductions are assessed.   One series 200 charge costs you 10 points.  Everyone knows the system.  It’s in black and white.

Now the new warden has told his counselors “any charge” and the inmate’s earning level drops from 1 to 2.  He doesn’t think an inmate should earn 4 ½ good days unless their performance is perfect.  Problem with that is, it’s not the rule.  DOC wrote the rules and they have to live by them.

This past week, I filed grievances for four inmates in the building.  All four had reviews which noted “compliance with all treatment plan requirements”.  They all then showed this:  “series 200 charge on _________; reduce level from 1 to 2”.

Is it any wonder inmates don’t trust the system?  Play by the rules DOC tells the inmates, then they break them.  Ultimately, the inmates will prevail.  The law is on their side on this one.