Legal Question in Criminal Law in Nebraska

Good Time

A person turns them self in on charges from another state and waives extradition.

The person spends 19 days in jail and the extradition process, remember the 19 days.

The person goes to trial and the Judge sentences the person to 182 in jail and allows the 19 days as part of the time.

The jail has a �good time� policy, a person gets a good time benefit of 42 % (100 days = 142 days).

However, when the jail person makes the calculation they base it on the person having 182 days not 163 (182 � 19 = 163).

So with the �good time� they tell the person they have 105 days actual jail time this is based upon the 182 days sentence, if they would have made the calculation on the 163 they would only have 94 days of actual jail time.

Remember the Judge allowed the 19 days, the question is there any recourse that according to their own policy their �fuzzy math� is wrong ?, can I call or write anyone ?


Asked on 7/09/02, 12:48 am

1 Answer from Attorneys
William Jones William P. Jones, Attorney-at-Law

Re: Good Time

County jail time in Nebraska is not calculated on a percentage basis.

Neb. Rev. Stat. � 47-502 (Reissue 1998) provides:

"Any person sentenced to a city or county jail shall have his or her term reduced seven days for each fourteen consecutive days during which he or she has not committed any breach of discipline or other violation of jail regulations. The reductions authorized by this section shall be granted at the end of each period of fourteen days, with such periods to run consecutively from the date of confinement following sentencing."

In other words, for every 14 days of good behavior, 7 days are knocked off the sentence. Many jails have a chart prepared to do this calculation instead of having to count everything out by hand with a calendar. Lancaster County's chart would indicate that on a 182 day sentence, 63 days of good time would be earned, and 126 days actually served. Remember, the good time days come in chunks, not as percentages. Under this method, 126-19 days credit results in 107 days in. If the 19 days are taken off the top and the sentence is considered 163 days, 56 good time days are earned, and actual time in should be 112 days.

If they're going to let you out at 105, shut up, smile and leave. You are ahead either way.

Good luck with getting on with your life, and I hope that you never face losing your freedom again.

Bill Jones

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Answered on 7/10/02, 8:49 am


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