Amends TCA Title 40 and Title 41.

Present law provides that each inmate who is committed to the custody of the department of correction and exhibits good institutional behavior may be awarded time credits toward the sentence imposed. Present law provides the following concerning such credits:<br /> <br /> (1) Sentence reduction credits for good institutional behavior must be awarded to convicted felons for the time incarcerated prior to the imposition of sentence. The total credit to which a convicted felon may be entitled is calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served;<br /> <br /> (2) The sentence reduction credits must be awarded at the rate of eight days for each month served prior to imposition of sentence, unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded, then the superintendent or jailer is required to provide written documentation to the department stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed, then the department must adjust the number of credits awarded to conform to the number recommended.<br /> <br /> (3) In the absence of an objection, the credits are awarded automatically. However, a convicted felon does not have a right to the credits or a right to appeal the superintendent's or jailer's determination concerning the number of credits a particular felon should be awarded as set out in the written objection to the department.<br /> <br /> This bill rewrites (2) and (3) above to provide, instead, that the sentence reduction credits may be awarded, instead of automatically awarded, and are based upon written documentation provided by the superintendent or jailer to the department evidencing the inmate's good institutional behavior and stating the number of credits, if any, the felon should be awarded.<br /> <br /> ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 496, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the provisions of this bill that are applicable to a "jailer" applicable to a "jail administrator" instead.<br />