Eligible Felons

• To be eligible for early release under the 2009 Act, the felon must exhibit good behavior, meaning no citations while in prison. The early release time earned depends on their crimes and their risk level of re-offending (getting out of prison and committing a crime). Low risk offenders can earn 120 days (or four months) off their sentence. Moderate risk offenders can earn 90 days or three months off their sentence. High risk to re-offend felons who are nonviolent can earn a month of early release time.
  
  

Exempt Felons

• Felons cannot be sexual offenders, murders or drug offenders under the "Sentencing Alternative" heading given to especially serious offenders. Some offenders who commit small crimes but are deemed highly likely to re-offend can receive nothing or 30 days, while an offender serving more time on a more severe charge who is deemed a low risk for re-offending can receive the 120 day credit. Inmates serving life sentences without parole are not eligible for this program
  
  

How It's Decided

• The personnel at the correctional facility holding the felon will decide if she is a low, moderate or high risk to re-offend. They will also decide if the inmate's behavior is good enough to earn a credit. Good performance is another criteria for earning the credit, so the prison personnel's assessments go a long way.
  
  

Considerations

• Offenders sentenced before July 1, 1989, are not eligible for the programs. These incentives are not automatically bestowed upon an offender. They must be earned. The total time earned cannot exceed a third of the offender's sentence. Offenders serving time for felonies committed before July 1, 1990, can only earn up to 15 percent of their sentence in credits.