The Maryland Diminution Credit System is a tool designed to allow for the reduction of an inmate’s term of incarceration through the earning of credits for good behavior, work, education, and special programs. This system, which applies to both state correctional facilities and local detention centers and jail, allows inmates to potentially shorten their time behind bars.
Maryland is not unique. All states and federal prisons have similar systems in place, each with their own rules and regulations.
Diminution Credits in Maryland Jails and Prisons
In Maryland, an inmate is generally entitled to earn diminution of confinement credits to reduce their incarceration period. Most credits are awarded on a monthly basis as they are earned and can be forfeited due to behavior or other infractions (such as fighting or possessing contraband). It’s important to note that diminution credits reduce the term of confinement but not the length of the sentence.
The term of confinement is the length of a single sentence, or in cases of multiple sentences, the period from the beginning of the first sentence to the end of the last sentence. “Good time” credits are typically given at the beginning of the sentence.
Other credits, such as work, program, or education credits are earned each month. This can be confusing and sometimes causing uncertainty around what an actual release date will be, since (for example) if an inmate is working each month, they will receive credits each month that will come off the back end of the sentence.
Who is Ineligible to Earn Diminution Credits?
There are some exceptions to who can earn diminution credits. Inmates who cannot earn diminution credits include:
– An inmate serving a sentence of first- or second-degree rape or the former crimes of first- or second-degree sexual offense against a victim under the age of 16
– An inmate serving a sentence for a subsequent conviction of third-degree sexual offense against a victim under the age of 16, and
– An inmate imprisoned for a lifetime sexual offender supervision violation
For more details, you can read the code here.
Additionally, a new law enacted in October of 2024 prohibits individuals serving a sentence for first-degree rape from earning credits, regardless of the victim’s age. This law, SB 1098, also called “the Pava LaPere Act” can be viewed here.
What are the types of Diminution Credits available in Maryland jails and prisons?
The state of Maryland, including local county jails and the Maryland Department of Corrections (DOC) offers several types of diminution credits, including:
Good Conduct Credit:
Often referred to as “good time” credit, this is automatically awarded to inmates at intake, subject to their future good behavior. The rate at which these credits are awarded depends on when the sentence was imposed. For sentences imposed before October 1, 1992, the amount is 5 (five) days per month. For sentences imposed between October 1, 1992, and October 1, 2017, it is 5 days per month for crimes of violence or drug distribution and 10 days per month for all other inmates. For sentences imposed on or after October 1, 2017, it’s 5 days per month for crimes of violence, drug dealing, or drug distribution, and 10 days per month for all other inmates.
Work Tasks:
Inmates can earn a deduction of 5 days per month for satisfactory performance of assigned work tasks. Inmates must apply for work assignments and be granted (hired). Some examples of work jobs include kitchen, facility cleaning crew, laundry services, and pod representatives (assisting correctional staff inside the pod/tier).
Education:
Inmates may receive a deduction of 5 days per month for satisfactory progress in various educational courses including vocational courses, workforce development, cognitive-behavioral therapy, substance abuse therapy, life skills training, or anti-violence therapy. The availability of educational opportunities varies between facilities and not all programs are available at all facilities.
Special Projects:
Inmates can earn up to 20 days per month for participating in special work projects or other programs, such as recidivism reduction programs. For those with a sentence for a violent crime, a sexual offense, or drug dealing, the maximum credit is 10 days per month. These credits are given in addition to work or education credits. Special projects include prison industries, educational programs, work details, and rehabilitation programs.
In addition, many jobs (work) also provide a small hourly or daily pay rate. While this is very minimal, each month any earned money is deposited into the inmate’s commissary account.
What are the Limits on Earning Credits?
There are limits on the total amount of diminution credits an inmate can earn in a month.
· Inmates serving time for violent crimes, sexual offenses, or drug dealing, may not be allowed a total deduction of more than 20 days per month.
· For all other inmates, the maximum monthly deduction is 30 days. For terms imposed before October 1, 1992, the maximum is 15 days per month for all inmates.
How Does the Justice Reinvestment Act Impact Diminution?
The Justice Reinvestment Act of 2016 significantly impacted the Diminution Credit System in Maryland jails and prisons. It increased the maximum total deduction from 20 to 30 days per month for most inmates in state facilities and raised the maximum deduction for special projects from 10 to 20 days per month. This act also expanded the types of programs that can earn an inmate diminution credits. These changes apply to inmates sentenced on or after October 1, 2017.
Can you lose Diminution Credits?
Yes. Diminution credits can be revoked if an inmate violates the rules of the Department of Corrections (DOC) or their local county jail or detention center. However, only good conduct or special project credits may be revoked as a result of an adjustment proceeding. Education and work task credits cannot be revoked. Under certain conditions, a warden may restore diminution credit that was previously revoked.
Mandatory Supervision, Parole and Administrative Release
Release on mandatory supervision is considered conditional release that results from the application of diminution credits for inmates in state facilities sentenced to over 18 months. Inmates in local detention centers and county jails, and those with shorter sentences are not subject to mandatory supervision upon release.
An individual on mandatory supervision is supervised by the Department of Public Safety and Correctional Services – Division of Parole and Probation until the maximum expiration date of the term. Those convicted of a violent crime committed after October 1, 2009, are not eligible for mandatory supervision until they become eligible for parole.
Parole is a discretionary release from confinement (i.e. jail or prison) determined after a hearing. Diminution credits reduce the term of confinement, while parole is a conditional release that allows an inmate to serve the remainder of their sentence in the community.
While on parole or probation, an inmate is “supervised” and must follow the rules, regulations, and direction of their Parole/Probation agent. Inmates on parole or probation for sex-related offenses often have additional requirements they need to follow.
An administrative release is a procedure established by the Justice Reinvestment Act, under which the Maryland Parole Commission must authorize the release of an inmate who meets specified criteria. Individuals on administrative release are subject to the same jurisdiction as parolees.
Revocation of Mandatory Supervision
If an individual on mandatory supervision violates a condition of their release, the Maryland Parole Commission (MPC) may revoke the release. The MPC commissioner may also revoke previously earned diminution credits. Revocation caps apply to technical violations, ranging from 15 days for a first violation to all remaining days for a fourth or subsequent violation. A technical violation does not involve an arrest, a violation of a criminal prohibition other than a minor traffic offense, or a violation of a no-contact order.
Local County Jails and Detention Centers
Inmates in local correctional facilities – county jails and detention centers can also earn diminution credits. They may receive 5 days per month for good conduct if their term includes a sentence for a violent crime or drug dealing, and 10 days per month for all other inmates.
They are also awarded 5 days credit for each month of pre-sentence confinement, as long as they do not violate the rules. Like those in state facilities, inmates in local facilities may not earn diminution credits for first or second degree rape or sexual offense against a victim under 16.
The Process After Sentencing
After an inmate is sentenced, DOC assembles a case record, and classifies the inmate to develop a case plan. The commitment unit within DOC calculates the inmate’s term of confinement and determines the amount of diminution credits to be applied. A diminution of confinement record must be established when an inmate enters custody, and must contain all entries reflecting credits awarded, revoked or restored.
An inmate can challenge these calculations through a grievance procedure. Of course, as additional diminution credits are earned during incarceration as a result of work or special projects (for example), so the release date is constantly changing as more time is earned.
Conclusion
The Maryland Diminution Credit System is a complex but important part of the state’s correctional system. It provides inmates with an opportunity to reduce their incarceration time through good behavior and participation in various programs.
There are many additional components of the system that can be difficult to understand. With the help of an experienced Maryland prison consultant, you can better navigate the process, understand how diminution will affect incarceration, and better prepare for parole or probation.
If you have a loved one who is facing criminal charges that include potential for incarceration or you know someone who is currently incarcerated and need assistance with understanding release dates or preparing for parole, contact us for a free, no-obligation consultation.