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Katherine K
Katherine K, Lawyer
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Ive heard that PA was considering giving good time credits

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I've heard that PA was considering giving "good time" credits to inmates deserving same. Does anyone know if this is true and/or when this might be enforced?

At this time, the only thing close is § 9761. Computation and order of service of sentences

(a) ORDER OF SERVICE OF SENTENCES.-- If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously imposed sentence is terminated before the expiration of the minimum sentence of the last imposed sentence, the defendant shall be imprisoned at least until the last imposed minimum sentence has been served.

(b) SENTENCES IMPOSED BY OTHER SOVEREIGNS.-- If the defendant is at the time of sentencing subject to imprisonment under the authority of any other sovereign, the court may indicate that imprisonment under such other authority shall satisfy or by credited against both the minimum and maximum time imposed under the court's sentence. If the defendant is released by such other authority before the expiration of the minimum time imposed by the court, he shall be returned to a correctional institution of the Commonwealth to serve the time which remains of the sentence. If the defendant is released after the minimum time has elapsed, he shall be considered for parole on the same basis as a prisoner who has served his minimum time in a correctional institution of the Commonwealth. If the defendant is released after the maximum time imposed under the sentence of imprisonment he shall be deemed to have served his sentence.

See the summary of Fordham v. Dep't of Corr., 943 A.2d 1004:

"On February 11, 1999, petitioner received a 120-month federal prison sentence as well as a concurrent 10 to 20 year Pennsylvania sentence for crimes that were not disclosed. He began serving his sentences at a federal prison, and there he earned 54 days of good time credit per year in accordance with 18 U.S.C.S. § 3624(b) to be applied to his federal sentence. At the time petitioner filed his initial petition for review, he had received a total of 432 days of good time credit from the period of May 1998 to May 2006. He filed the instant petition for review requesting the court to count his federal good time credit against his concurrent state sentence. The Department responded with preliminary objections, asserting that the federal good time credit statute only pertained to federal sentences. The court agreed and held that Pennsylvania only permitted time served to satisfy a sentence, pursuant to 42 Pa.C.S. § 9761. As a result, petitioner had to actually serve time on his state sentence to be entitled to any credit against his state minimum sentence."

I have not seen anything else in the Pennsylvania full text of current bills regarding good time or conduct credits. Does that answer your question? Please let me know if you need anything else. If I do come across anything else I will let you know.

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