Credits/Factors that Affect Release Date

Do offenders get credit for working and/or good behavior while in prison?

"Earned," "Good," and "Merit" Time

  • Offenders sentenced under the Structured Sentencing Act will receive “earned time” when they are assigned to a job or a full-time program. For offenders assigned to a job or a full-time program, earned time can help reduce the sentence down from the maximum release date to the minimum release date.
  • A sentence cannot be reduced below the minimum amount of time that was ordered by the judge.
  • Offenders sentenced under the Fair Sentencing Act will be able to reduce the amount of time they spend in prison by working or participating in certain programs. Those working or assigned to a program will receive “gain time.” Different amounts are awarded based on the type of job or program the offender is assigned.
  • Offenders sentenced under the Fair Sentencing Act are also awarded “good time,” which is one day of credit for each day of good behavior while in prison. The credit is applied when the inmate begins serving a sentence. Good time is to be taken back when the offender receives disciplinary action.
  • “Merit time” may also be awarded under the Fair or Structured Sentencing acts as additional time credits to offenders who work more than 40 hours a week, work in bad weather, or work under emergency conditions.
  • Projected release dates are subject to change if people are removed from a job or program assignment for any reason such as transfer, disciplinary or completion of a program.

How else can a person be released before their sentence is completed?

  • If a judge orders the sentence to be vacated;
  • If a court orders the offender to be resentenced to a shorter sentence;
  • If the NC General Assembly rewrites sentencing laws;
  • If new case law is established;
  • If extensions of the limits of confinement are granted by NCDAC; or
  • If an offender is eligible for parole.
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