OLR Backgrounder: Inmate Sentence
Reduction Methods
By: Katherine Dwyer, Associate Attorney
Carease Gadson, Research Staff AssistantFebruary 10, 2017 | 2017-R-0054

Issue
Provide (1) a history of inmate sentence reduction
methods including good conduct credits and the risk
reduction earned credit (RREC) program and (2)information about current RREC policies.

Summary
Connecticut law consistently provided prisoners
means to reduce their sentences for good behavior
from at least 1862 until 1993, when the legislatureenacted PA 93-219. The act required prisonerssentenced for crimes committed on or after October 1,
1994 to serve their entire sentence either in prison orunder Department of Correction (DOC) communitybased supervision. The act did not affect the ability ofinmates sentenced for crimes committed before thento earn credits for good behavior.

www.cga.ct.gov/olr
OLRequest@cga.ct.gov

Statistics
According to Department ofCorrection (DOC) data, 50,845
prisoners were discharged fromOctober 2011 through December
2016. Of those prisoners discharged
during that period, 41,502(approximately 83%) were discharged
with at least one day of RRECs. The
most common controlling offenses forinmates awarded RRECs during thattime included violation of probation(CGS § 53a-32) and certain drug
offenses (e.g., CGS § 21a-277(a)).
(For inmates imprisoned for multiple
offenses, “controlling offenses” aregenerally the most serious offense or
the one with the longest sentence.)

Connecticut General Assembly
Office of Legislative Research
Stephanie A. D’Ambrose, Director(860) 240-8400
Room 5300
Legislative Office BuildingThe law remained in effect until 2011, when the legislature passed a law that allowed certain
prisoners to earn a reduced sentence through risk reduction earned credits (RRECs) (PA 11-51,
codified as CGS § 18-98e). The legislature has modified the RREC laws in recent years but these
credits remain the current mechanism for sentence reductions for individuals sentenced for crimes
committed on or after October 1, 1994. (As discussed below, individuals sentenced for crimes
committed prior to that date are eligible to earn credits under a different law.)

HistoryAt least as far back as 1862, Connecticut law allowed prisoners an opportunity to reduce theirprison sentences for good conduct. For example, under an 1862 law, a prisoner could earn a (1)three-day sentence reduction for each month the warden’s records indicated that the prisoner
adhered to prison rules and required no disciplinary action and (2) five-day reduction for eachmonth the record showed that the prisoner’s conduct was “positively good.”This law was revised several times through the nineteenth and twentieth centuries (e.g., provisions
were added that adjusted the calculation of credits; required earned reductions to be forfeited forinsubordination; and allowed prisoners to earn an additional reduction as a “meritorious timeservice award”). But the law permitted prisoners to earn sentence reductions in some form until
1993, when the legislature passed PA 93-219.
PA 93-219 limited the ability of certain prisoners to reduce their sentences. The relevant provision(§ 10) stated:“Notwithstanding any other provision to the general statutes, any person
convicted of a crime committed on or after October 1, 1994, shall be subject
to supervision by personnel of the department of correction or the board ofparole until the expiration of the maximum term or terms for which he wassentenced.”
The law did not make any conforming changes to the laws that allowed for prisoners to earn goodtime credits or credits for outstanding meritorious conduct. In June 1994, the DOC commissioner
sought advice from the attorney general’s office on how the new law would affect the discharge
dates for individuals covered by the act.
On November 23, 1994, the attorney general issued an opinion in which he stated that thelegislature, by mandating DOC supervision until the expiration of the maximum term or terms of thesentence, eliminated the ability for prisoners to earn good time credits for crimes committed on or
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after October 1, 1994. He concluded that “the maximum terms of sentences imposed for crimes
committed on or after October 1, 1994 are not reducible by good time credits. For such crimes, theentire sentence must be served under the supervision of the Department of Correction or the Boardof Parole.”
Fifteen years later, in 2011, the legislature passed a law that allows certain inmates to reduce theirsentences by earning RRECs (PA 11-51 (§§ 22-25), codified as CGS § 18-98e).

Risk Reduction Earned Credit
Statutory Authority
PA 11-51 (§§ 22-25), effective July 1, 2011, established a system of RRECs and made certain
inmates eligible to earn up to five days of RRECs per month for offenses committed on or after
October 1, 1994. RRECs reduce an inmate’s maximum sentence and make inmates eligible forparole sooner. They do not reduce a mandatory minimum sentence. The act specified certain waysthat an inmate could earn or lose RRECs. (Inmates sentenced prior to October 1, 1994 are noteligible for RRECs, though they are eligible for other credits for good conduct, obedience to prison
rules, employment, and outstanding meritorious performance.)
Under the act, inmates could earn retroactive credits for good conduct that occurred on or after
April 1, 2006. The DOC commissioner was charged with adopting policies and procedures fordetermining credits and had until July 1, 2012 to phase in retroactive credits. Inmates convicted of
the following crimes were ineligible for credits under the act: murder (CGS § 53a-54a), capital
felony (later redesignated as murder with special circumstances) (CGS § 53a-54b), felony murder(CGS § 53a-54c), arson murder (CGS § 53a-54d), 1st degree aggravated sexual assault (CGS §53a-70a), and home invasion (CGS § 53a-100aa).
In 2013, the legislature amended the law to prohibit inmates convicted of other violent crimes orsecond degree burglary from using RRECs to become eligible for parole sooner than they otherwise
would be by requiring them to continue to serve 85% of their sentences before being eligible forparole, regardless of any credits they received (PA 13-3 (§ 59)).
In 2015, the legislature expanded the list of crimes ineligible for RRECs to include 1st degree
manslaughter (CGS § 53a-55), 1st degree manslaughter with a firearm (CGS § 53a-55a), andaggravated sexual assault of a minor (CGS § 53a-70c). Persistent dangerous felony offenders andpersistent dangerous sexual offenders also became ineligible for credits (PA 15-216). The act alsorequired (1) the warden of a facility to review an inmate’s records for verification of credits prior tohis or her release and (2) DOC to issue quarterly reports regarding RRECs to the legislature.
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RREC Policies
The law requires the DOC commissioner to adopt policies and procedures to determine the amountof credit an inmate can earn towards sentence reduction (CGS § 18-98e(f)). The commissioner’s
initial award policy, implemented in October 2011, allowed all inmates to earn a five-day sentence
reduction per month if they were in compliance with their offender accountability plan, participatedin eligible programs and activities, and maintained good conduct and obeyed institutional rules.
Inmates were not eligible for RRECs for misconduct, insubordination, noncompliance to institutionalrules, or other reasons, at the commissioner’s or his designee’s discretion.

Current Policy. The most recent revision to RREC policies took effect on February 1, 2016. The
current policies allow inmates to earn these credits according to their overall risk level, whichranges from one (the lowest security risk) to five (the maximum security risk) and is determinedbased on an inmate’s escape profile, history of violence, discipline history, and other factors.
Overall risk level one inmates may earn five days per month; levels two and three, four days permonth; and level four, three days per month. Level five inmates are ineligible for RRECs.
Inmates earning less than five days per month may receive a lump sum award, not to exceed themaximum allowed under statute (120 days for a two-year period), once every 24 months if they
have not been disciplined during that time and they meet other criteria. Under the current policy,
inmates may be eligible for a lump sum award effective February 1, 2018.

Loss of RRECs. Under DOC policy, inmates lose RRECs for certain conduct requiring disciplinary
action or refusal to participate in certain activities. Additionally, inmates are not eligible to earn
RRECs if they refuse to (1) submit DNA, (2) comply with sex offender requirements, or (3) sign andcomply with their Offender Accountability Plan (a DOC-customized plan to promote accountability
and productive behavior).
The number of RRECs an inmate must forfeit are determined according to the class of disciplinary
action or violation. Violations range from class A (the most serious) to class C (the least serious).
Certain class A violations require a loss of 15 days, but there may be an increased penalty basedon a hearing officer’s recommendation. The most serious class A violations, such as assault on
DOC staff, arson, or rioting, require a minimum loss of 60 days. Class B violations require a loss of
10 days. There is no required RREC forfeiture for class C violations. If the inmate has not yet
earned the total credits to be rescinded for a class A or B violation, prospective credits may be
forfeited during his or her current incarceration period.

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An inmate may also lose RRECs for certain violations while committed to a community-based
supervision program such as a halfway house or transitional placement program. Additional
information can be found in the DOC Code of Penal Discipline.

Hyperlinks
DOC Administrative Directive 4.2A, Risk Reduction Earned Credit:
http://www.ct.gov/doc/lib/doc/PDF/ad/ad0402a.pdf
DOC Administrative Directive 9.5, Code of Penal Discipline:
http://www.ct.gov/doc/LIB/doc/PDF/AD/ad0905.pdf
DOC Offender Accountability Plan Manual:
http://www.ct.gov/doc/lib/doc/PDF/offenderAccountabilityplan.pdf
Office of Policy and Management, Risk Reduction Earned Credit Reports:
http://www.ct.gov/opm/cwp/view.asp?a=2967&Q=577316&PM=1
KD/CMG:cym

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