AGO 97005.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97005. DATE: January 13, 1997SUBJECT: New Good Time Law and Ex Post Facto ClauseREQUESTED BY: Harold W. Clarke, Director, Department of Correctional ServicesWRITTEN BY: Don Stenberg, Attorney General J. Kirk Brown, Assistant Attorney General QUESTION: Are the changes in the good time credits created by the passage of LB 371, Laws 1995 to be applied to the calculation of a criminal sentence based upon the date that the offense was committed or the date upon which the sentence was either imposed or became final? CONCLUSION: When a change in the credit of statutory good time is enacted by our Legislature, the general rule, applicable in this case, is that the good time provisions of the law in effect at the time the offense was committed are to be applied to the calculation of a criminal sentence. The general rule is that the date upon which a crime was committed governs the statutory good time credits to be employed in the calculation of a prisoner's sentence, rather than the date the sentence was imposed. Weaver v. Graham, 450 U.S. 24, 67 L.Ed.2d 17, 101 S.Ct. 960 (1981). We believe that rule is applicable to your question. The principal exception to that general rule is: If the Legislature increases the amount of statutory good time available to a prisoner between the date of the offense and the...