53-30-105. (Temporary) Good time allowance. (1) The department of corrections may grant a good time allowance to inmates housed at an adult correctional facility or a supervised release program facility. The good time allowance may operate as a credit on the inmate's sentence as imposed by the court, conditioned upon the inmate's good behavior and compliance with the rules adopted by the department. The department may not grant good time allowance to exceed 1 day for each day served at an adult correctional facility or a supervised release program facility.
     (2) In the event of an attempted escape by an inmate or a violation of the rules prescribed by the department, the inmate may be punished by the forfeiture of part or all good time allowances.
     (3) A person may not earn good time under this section while the person is on probation. A person may earn good time while on parole at the rate of 1 day per day served on parole. If the department determines that a person has violated the conditions of parole, it may, in its discretion, deduct good time credit accumulated under this subsection in an amount up to and including all credit accumulated on the date of the violation.
     (4) The department may restore all or portions of any previously forfeited good time as a result of subsequent good behavior.
     (5) If the population at the Montana state prison or the Montana women's correctional system exceeds the design capacity of the institution, the department may grant an inmate additional good time credits in an amount necessary to permit the inmate to become eligible for parole or to discharge the inmate's sentence. Good time credits for the discharge of a sentence may not exceed 180 days. The award of good time under this subsection must generally be provided to inmates who are nearest to parole eligibility or discharge. (Repealed effective January 31, 1997--secs. 12(2), 13, Ch. 372, L. 1995.)

     History: En. Sec. 28, Ch. 199, L. 1965; amd. Sec. 1, Ch. 219, L. 1967; amd. Sec. 1, Ch. 113, L. 1974; amd. Sec. 1, Ch. 312, L. 1975; R.C.M. 1947, 80-1905; amd. Sec. 1, Ch. 588, L. 1981; amd. Sec. 1, Ch. 130, L. 1983; amd. Sec. 1, Ch. 240, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 16, Ch. 579, L. 1993; amd. Sec. 10, Ch. 372, L. 1995; amd. Sec. 507, Ch. 546, L. 1995.