Diminution refers to a reduction of an inmate’s time of incarceration in a facility (jail, prison, etc); it does not refer to an inmate’s sentence. Diminution, or reduction of incarceration time, can be earned by an inmate’s good conduct, work tasks, education, participation in a facilities’ programs, or special projects.
In Maryland, most inmates who are incarcerated are eligible for diminution credits. However, there are three restrictions in Maryland in which inmates are not eligible for diminution, and the law is very specific that with the exception of these three cases, two specifically involving the victim’s age below 16, and the third case involving a lifetime sex offender supervision violation, all other inmates are eligible for diminution. Inmates have a variety of opportunities to earn diminution credits through various activities and conduct.
Good conduct – Sometimes referred to as ‘good time’ credit, inmates can receive time off from the end of their incarceration period. This is probably the simplest means to reduce one’s duration of incarceration as it does not involve joining a group or getting a job. Since good conduct refers to one’s own behavior and conduct, the DOC hopes to incentivize inmates to reduce their facility time by using good conduct within the facility. Diminution is given at a rate of five days/month for an inmate serving a sentence for a “crime of violence”*. All others receive diminution at a rate of 10 days per month. Good time is given at the beginning of the sentence and is “lost” due to infractions or sanctions received while incarcerated.
Total Possible Reduction = 5 days/10 days
Work – Inmates can apply for a job at their incarceration facility and if granted, for each month of work, will receive a further reduction from their incarceration period, in addition to their good conduct credit, at the rate of five days per month. Examples of jobs include pod rep and cleaning crew.
Total Possible Reduction = 5 days/month
Preferences for work assignments (in local jails) are typically given to sentenced inmates. After an application for work is submitted, it could be several weeks before an inmate is approved and another few weeks before a job becomes available. In the event an inmate is denied work, there is typically an appeal process to request reconsideration for work. The inmate would also be told that they could reapply again within a certain timeframe (i.e. in another 60 days). As with many things, the specific details can vary by facility and are different in local jails vs. the state prison system.
Education – An inmate’s time of incarceration can be reduced at the rate of five days a month for taking approved courses such as educational, training, vocational, or other workforce development training. Programs offered include GED certification and other educational courses such as Microsoft Office, for example.
Total Possible Reduction = 5 day/month
Program Participation – Programs offered with the dual incentive to provide support for addiction & lifestyle improvement, as well as reduction of time incarcerated. Programs offered help to address substance abuse, anger management, and other addition-related issues and life skills training.
Total Possible Reduction = 10 days/20 days month
Special Projects – Special projects include a broad range of tasks assigned by the case manager that can be performed at the facility – kitchen staff, laundry, cleaning crew, or road crew, for example. These jobs typically require additional training or to have an inmate pass a basic test – such as a food safety test (for a kitchen job). Jobs vary by location, facility (i.e. jail or prison setting), and certainly by the inmate’s sentence. For instance, an inmate serving an 18 month sentence for a crime of violence could be eligible for a ten day job in the kitchen, but would not be eligible for outside road crew. This would reduce the sentence by fifteen days per month; five days for good conduct and ten days for the kitchen work.
Total Possible Reduction = 10 days/20 days month
Looking at all the possible diminution options, it may seem like an inmate can sign up for a variety of activities and be out in no time, but there are some things to keep in mind.
First, some inmates, specifically those serving a consecutive or concurrent sentence for a crime of violence (more than one), or, a sexual offense requiring registration on the Sexual Offender Registry, or being a volume drug dealer or drug distribution kingpin, are not eligible to receive as many days deducted as those serving for nonviolent crimes.
Next week’s blog post will look at the specific differences in diminution credits for inmates in state facilities vs local facilities for the State of Maryland.
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*As of December 15, 2020, abduction, first-degree arson, kidnapping, voluntary manslaughter, mayhem, maiming, murder, rape, robbery, robbery with a dangerous weapon, carjacking, armed carjacking, first-degree sexual offense, second-degree sexual offense, use of a firearm in the commission of a felony except possession with intent to distribute a controlled dangerous substance or other crime of violence, first-degree child abuse, sexual abuse of a minor (under certain circumstances), home invasion, felony sex trafficking, forced marriage, attempts to commit the foregoing offenses, continuing course of conduct with a child, first-degree assault, and assault with intent to murder, rape, rob, or commit a first- or second-degree sexual offense. Also included are drug kingpins.