| SmokeyTheBear |
04-25-2008 05:36 AM |
guess i was wrong , heres the skinny on sentances and how much time you get off
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According to Title 18, United States Code, Section 3624(b), 54 days of GCT may be awarded for each full year served on a sentence in excess of one year. Since 54 days of GCT per year cannot be divided evenly into one year, or 12 months, or 52 weeks, or 365 days, determining the amount of GCT that may be awarded for the last portion of a year on the sentence becomes arithmetically complicated. To fix this, the BOP has developed a formula (hereinafter called the "GCT formula") that best conforms to the statute when calculating the maximum number of days that may be awarded for the time served during the last portion of a year on the sentence.
The GCT formula is based on dividing 54 days (the maximum number of days that can be awarded for one year in service of a sentence) into one day which results in the portion of one day of GCT that may be awarded for one day served on a sentence. 365 days divided into 54 days equals .148. Since .148 is less than one full day, no GCT can be awarded for one day served on the sentence. Two days of service on a sentence equals .296 (2 x .148) or zero days GCT; three days equals .444 (3 x .148) or zero days GCT; four days equals .592 (4 x .148) or zero days GCT; five days equals .74 (5 x .148) or zero days GCT; six days equals .888 (6 x .148) or zero days GCT; and seven days equals 1.036 (7 x .148) or 1 day GCT. The fraction is always dropped.
Since, in accordance with the statute (18 USC § 3624(b)), no GCT can be awarded to a sentence of one year or less, then the very shortest sentence that can be awarded GCT is a sentence of 1 year and 1 day. Because a prisoner would accrue GCT while serving a sentence of 1 year and 1 day and, therefore, serve something less than the full sentence, it would be impossible to accrue the full 54 days of GCT for a sentence of 1 year and 1 day. As a result, the GCT formula previously discussed must be utilized as shown below to determine the amount of GCT to award for a partial year. This method of calculating the GCT possible to award for the last portion of a year of a sentence to be served must be followed in all partial year calculations. (For the purpose of this demonstration, the sentence of 1 year and 1 day equals 366 days.)
Step No. 1
Sentence = 366 - 54 = 312 days
312 days served does not equal 54 days of GCT but does equal 46 days.
Step No. 2
Days Served = 312 x .148 = 46.176 = 46 days GCT
Subtracting 46 days from the sentence of 366 days results in 320 days to be served.
Step No. 3
Sentence = 366 - 46 = 320 days
46 days of GCT is not enough because 46 plus 312 days to be served equals a sentence of 358 days, 8 days short of a sentence of 366 days (1 year and 1 day).
Step No. 4
Time Served = 312 + 46 = 358 days
Comparing 320 days to serve, which is too much time to serve, with 312 days to serve, which is not enough time to serve, reveals that the amount of GCT that can be earned must fall somewhere between 54 and 46 days. As a result, the next step is to determine how much GCT can be earned on 320 days served.
Step No. 5
Time Served = 320 x .148 = 47.36 = 47 days GCT
Subtracting 47 days from the sentence of 366 days (1 year and 1 day)
results in 319 days to be served.
Step No. 6
Sentence = 366 - 47 = 319 days
Utilizing the GCT formula, it is learned that 319 days served equals
47 days GCT.
Step No. 7
Time Served = 319 x .148 = 47.212 = 47 days GCT
Adding 319 days time served to 47 days GCT does equal a sentence of 366 days (1 year and 1 day).
Step No. 8
Time Served = 319 + 47 = 366 days
The amount of GCT that can be awarded for a sentence of 366 days (1 year and 1 day) is 47 days.
The steps that were followed in the preceding example must be followed in every instance when it is necessary to determine the amount of GCT that can be awarded for a partial year served on a sentence. A short version of the preceding eight steps is shown below.
366 x .148 = 54.168 (366 + 54 = 420)
366 - 54= 312 x .148 = 46.176 (312 + 46 = 358)
366 - 46= 320 x .148 = 47.36 (320 + 47 = 367)
366 - 47= 319 x .148 = 47.212 (319 + 47 = 366)
Thus--319 days actually served plus 47 days of GCT equals 366 days, or a sentence of 1 year and 1 day.
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