H.R. 4327

The Prisoner Incentive Act of 2009

On December 16, Rep. Bobby Scott (D-Va) introduced H.R. 4327, the Prisoner Incentive Act of 2009.  The bill would rewrite the good time statute to make clear that  a prisoner serving a sentence of over one year may earn up to 54 days of good time credit per every year of his sentence.  Since 1988, the BOP has erroneously interpreted the good time statute and awarded good time credit based on the time actually served by the prisoner, not the sentence imposed by the judge. As a result prisoners only earn a maximum of 47 days of good time for each year to which they are sentenced, instead of the 54 days per year contemplated by the statute.

The bill would also change the law to permit the Bureau of Prisons to “subsequently restore any or all” credit previously denied the prisoner, based on his good behavior as determined by the Bureau.

If passed, this section of the bill would apply to those people currently in prison serving sentences imposed after November 1, 1987.

The bill was referred to the Subcommittee on Crime, Terrorism, and Homeland Security. There is no companion bill in the Senate and the bill is not currently scheduled for consideration by the House Judiciary Committee.

FAMM supports this legislation.