Ark. Code Ann. § 12-29-201 (2026)
Meritorious good time
- An inmate may be entitled to meritorious good time reducing his or her transfer eligibility date up to thirty (30) days for each month incarcerated after imposition of sentence in one (1) of the units, facilities, and centers maintained by the Division of Correction or the Division of Community Correction.
- An inmate transferred or paroled to the supervision of the Division of Community Correction under § 16-93-615 may receive meritorious good time reducing his or her time of transfer or parole supervision up to thirty (30) days for each month he or she is under the supervision of the Division of Community Correction.
- Meritorious good time shall be allocated under rules promulgated by the Board of Corrections and administered by the respective Division of Correction or Division of Community Correction staff subject to the provisions of this subchapter for good discipline, behavior, work practices, job responsibilities, and involvement in rehabilitative activities while in the custody or under the supervision of the Division of Correction or the Division of Community Correction.
- Meritorious good time will not be applied to reduce the length of a sentence.
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- Meritorious good time shall apply to an inmate's transfer eligibility date from the Division of Correction or a community correction facility.
- Meritorious good time shall under no circumstances reduce an inmate's time served in prison by more than one-half (½) of the percentage required by law for transfer eligibility.
- Meritorious good time shall under no circumstances reduce an inmate's confinement in a community correction facility by more than one-half (½).
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- The Division of Correction or the Division of Community Correction shall determine a date on which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Division of Community Correction.
- This date will be determined in accordance with the policies developed by the Arkansas Sentencing Commission within the parameters allowed by law.
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- Inmates under sentence of death or life imprisonment without parole shall not be eligible for meritorious good time under this subchapter but may be pardoned or have their sentences commuted by the Governor, as provided by law.
- Inmates sentenced to life imprisonment shall not receive meritorious good time calculated on their sentences unless the sentence is commuted to a term of years by executive clemency.
- Upon commutation, the inmate shall be eligible to receive meritorious good time at the rate established by this subchapter.
History. Acts 1993, No. 536, §§ 1, 2; 1993, No. 558, §§ 1, 2; 2003, No. 1005, § 1; 2011, No. 570, § 73; 2019, No. 315, § 896; 2019, No. 910, § 793.
A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “Legislative intent. The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”
Publisher's Notes. Former § 12-29-201, concerning meritorious allowance, was repealed by Acts 1993, Nos. 536 and 558, § 6. The former section was derived from Acts 1971, No. 510, §§ 2, 3; 1972 (1st Ex. Sess.), No. 59, § 1; A.S.A. 1947, §§ 46-120, 46-120.1; Acts 1987, No. 506, § 1.
Amendments. The 2011 amendment substituted “§ 16-93-615” for “§ 16-93-206” in (b).
The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).
The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout the section.
Case Notes
Applicability.
Because this section, changing how meritorious good-time credit was applied, did not impliedly repeal the language in § 16-90-121 (the deadly-weapon enhancement statute applicable at the time of an inmate's sentence), the inmate's 30-year sentence for first-degree murder was subject to reduction by meritorious good-time credit at the conclusion of the first 10 years of the sentence. Hobbs v. Baird, 2011 Ark. 261 (2011).
Authority of Department.
The trial court properly refused to force the department to credit the petitioner with meritorious good time credits since the exclusive jurisdiction of custody, control, and supervision of all persons in the penitentiary is vested with the Department of Correction. Elliott v. State, 268 Ark. 454, 597 S.W.2d 76 (1980).
Interstate Correction Compact.
Prisoner transferred to Florida pursuant to the Interstate Corrections Compact, § 12-49-102, was entitled to good time and other benefits he earned while in Florida as if he had earned them in Arkansas. Hayes v. Lockhart, 754 F.2d 281 (8th Cir. 1985).
Prisoners’ Rights Claim.
Inmate's Class 1-C classification for purposes of calculating meritorious good time under this section did not in and of itself give rise to a constitutional claim where the inmate was unable to show an atypical and substantive deprivation that was a dramatic departure from the basic conditions of his confinement. Crawford v. Cashion, 2010 Ark. 124, 361 S.W.3d 268 (2010).
Cited: Finney v. Ark. Bd. of Corr., 505 F.2d 194 (8th Cir. 1974); Thomas v. Ark. Bd. of Corr. & Community Punishment, 324 Ark. 6, 918 S.W.2d 156 (1996).