AG 96-01.

• Case Date: April 22, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG 96-01. OFFICIAL OPINION 96-01April 22, 1996George A. Vose, Jr., Esq.Director Department of Corrections 40 Howard Avenue Cranston, Rhode Island 02920 Dear Director Vose: You have requested an advisory opinion concerning the applicability of awaiting-trial time under R.I. Gen. Laws § 12-19-2 to the computation of statutory good time pursuant to R.I. Gen. Laws § 42-56-24. You seek advice concerning the computation of "good time" credits where an awaiting-trial inmate commits a disciplinary infraction prior to sentencing, and is later sentenced to serve time in prison. Your letter indicates that where an inmate awaiting trial is subsequently sentenced, the administration, pursuant to § 42-56-24(a), automatically awards good time credit for the period of time in which the inmate was awaiting trial (the period referred to in § 12-19-2). You state, however, that if such an awaiting-trial inmate commits a disciplinary infraction and suffers punitive segregation or loss of privileges, the inmate does not incur removal of good time credits, as provided for in § 42-56-24(c). You question whether, in awarding good time credits under § 42-56-24, you may withhold/deduct such credits for infractions committed while awaiting trial, as set forth in § 42-56-24(c). In my view, if an inmate benefits from the application of § 42-56-24 with respect to time served while awaiting trial, then all of the provisions of § 42-56-24 must be applied to the pre-sentencing time served. In other words, if good time credits are awarded pursuant to § 45-56-24(a), then such credits are subject to the deductions set forth in § 45-56-24(c). Section 12-19-2 provides that where a court imposes a punishment of imprisonment, "the sentence imposed shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing; ..." The General Laws further provide that:

The director [of the Department of Corrections] or his designee shall keep a record of the conduct of each prisoner, and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or more and not under sentence to imprisonment for life, appears by the record to have faithfully observed all the rules and requirements of the institutions and not to have been subjected to discipline, there shall,

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