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Should Certain Inmates Be Excluded from Receiving Time Credits?

One issue policymakers might consider is whether certain inmates should be excluded from

receiving earned time credits for participating in rehabilitative programs and productive activities.

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Legislation before Congress would, among other things, exclude inmates who were convicted of

certain offenses (e.g., violent or sex offenses, drug offenses, and fraud offenses) from earning

additional time credits for participating in rehabilitative programming. Research suggests that

inmates should be assessed for risk and needs, and decisions about programming and supervision

should be based on those assessments regardless of the inmate’s current offense. However, many

still argue that inmates who are convicted of certain offenses, such as violent or sex offenses,

should be ineligible for early release, regardless of what they do to reduce their risk of recidivism

and prepare for life outside of prison.

A related issue that policymakers might consider is whether excluding inmates convicted of

certain offenses would have a disparate effect on racial or ethnic minorities. Given the statistics

presented later, some policymakers might be concerned that excluding inmates convicted of

certain offenses from being eligible to receive additional time credits under the proposed

assessment system might mean that, all else being equal, inmates of color would serve longer

prison sentences. However, this would only be true to the extent that inmates of color are more

likely to be convicted of offenses that would make them ineligible for earned time credits.

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