(a) Notwithstanding any provision of the general statutes, any person sentenced to a term of imprisonment for a crime committed on or after October 1, 1994, and committed to the custody of the Commissioner of Correction on or after said date, except a person sentenced for a violation of section
53a-54a,
53a-54b,
53a-54c,
53a-54d,
53a-55,
53a-55a,
53a-70a,
53a-70c or
53a-100aa, or is a persistent dangerous felony offender or persistent dangerous sexual offender pursuant to section
53a-40, may be eligible to earn risk reduction credit toward a reduction of such person's sentence, in an amount not to exceed five days per month, at the discretion of the Commissioner of Correction for conduct as provided in subsection (b) of this section occurring on or after April 1, 2006.
(b) An inmate may earn risk reduction credit for adherence to the inmate's offender accountability plan, for participation in eligible programs and activities, and for good conduct and obedience to institutional rules as designated by the commissioner, provided (1) good conduct and obedience to institutional rules alone shall not entitle an inmate to such credit, and (2) the commissioner or the commissioner's designee may, in his or her discretion, cause the loss of all or any portion of such earned risk reduction credit for any act of misconduct or insubordination or refusal to conform to recommended programs or activities or institutional rules occurring at any time during the service of the sentence or for other good cause. If an inmate has not earned sufficient risk reduction credit at the time the commissioner or the commissioner's designee orders the loss of all or a portion of earned credit, such loss shall be deducted from any credit earned by such inmate in the future.
(c) The award of risk reduction credit earned for conduct occurring prior to July 1, 2011, shall be phased in consistent with public safety, risk reduction, administrative purposes and sound correctional practice, at the discretion of the commissioner, but shall be completed not later than July 1, 2012.
(d) Any credit earned under this section may only be earned during the period of time that the inmate is sentenced to a term of imprisonment and committed to the custody of the commissioner and may not be transferred or applied to a subsequent term of imprisonment. In no event shall any credit earned under this section be applied by the commissioner so as to reduce a mandatory minimum term of imprisonment such inmate is required to serve by statute.
(e) Prior to release of any inmate whose sentence is being reduced due to risk reduction credits earned pursuant to this section, the commissioner or the commissioner's designee shall review such inmate's records and verify that the inmate earned the risk reduction credits being applied to reduce such inmate's sentence.
(f) The commissioner shall adopt policies and procedures to determine the amount of credit an inmate may earn toward a reduction in his or her sentence and to phase in the awarding of retroactive credit authorized by subsection (c) of this section.
(P.A. 11-51, S. 22; P.A. 15-216, S. 9; P.A. 18-155, S. 3.)
History: P.A. 11-51 effective July 1, 2011; P.A. 15-216 amended Subsec. (a) to add references to Secs. 53a-55, 53a-55a and 53a-70c and to add exception re persistent dangerous felony offender or persistent dangerous sexual offender, added new Subsec. (e) re review of inmate records by warden and redesignated existing Subsec. (e) as Subsec. (f); P.A. 18-155 amended Subsec. (e) by replacing “warden of the correctional facility from which such inmate is to be released” with “commissioner or the commissioner's designee”.
Section is plain and unambiguous and shows that the legislature intended for only sentenced inmates to be eligible to earn risk reduction earned credits. 175 CA 460. An inmate has no liberty interest in risk reduction credits, as commissioner has broad discretion to implement the program. 184 CA 76.
Notes of Decisions
Cited in
39
cases (
17 in the last 5 years), 1991–2025 · leading case:
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
· cites it 22× “In July, 2011, while the petitioner's criminal case was pending before the trial court, General Statutes § 18-98e 2 became effective, pursuant to which the respondent had discretion to award risk reduction credit toward a reduction of an inmate's sentence, up to five days per…”
Boria v. Comm'r of Corr., 199 A.3d 1127 (Conn. App. Ct. 2018).
· cites it 15× “1 In his filing, the petitioner claimed, inter alia, that his confinement was illegal because (1) his guilty plea to the underlying criminal offense was not voluntary, and (2) the 2013 and 2015 amendments to the earned risk reduction credit statute, General Statutes § 18-98e,…”
Green v. Comm'r of Corr., 194 A.3d 857 (Conn. App. Ct. 2018).
· cites it 9× “Therein, the petitioner alleged that on or about August 28, 2011, the respondent, the Commissioner of Correction (commissioner), implemented 1 the Risk Reduction Earned Credit (RREC) program pursuant to his authority under General Statutes § 18-98e. 2 He stated that the "RREC…”
Whistnant v. Comm'r of Corr., 199 Conn. App. 406 (Conn. App. Ct. 2020).
· cites it 9× “In 2011, the legislature enacted a statute (§ 18-98e) that permitted certain inmates, including the petitioner, to earn risk reduction credit toward the reduction of their sentences, at the discretion of the respondent, the Commissioner of Correction, and amended the statute (§…”
Dinham v. Comm'r of Corr., 213 A.3d 507 (Conn. App. Ct. 2019).
· cites it 15× “General Statutes § 18-98e 7 became effective, pursuant to which the respondent had discretion to award risk reduction credit toward a reduction of an inmate's sentence, up to five days per month, for positive conduct.”
Holliday v. Comm'r of Corr., 194 A.3d 867 (Conn. App. Ct. 2018).
· cites it 10× “11-51, § 22, of the 2011 Public Acts, later codified in General Statutes § 18-98e. This legislation provided that certain prisoners convicted of crimes committed after October 1, 1994, "may be eligible to earn risk reduction credit toward a reduction of such person's sentence,…”
Rivera v. Comm'r of Corr., 200 A.3d 701 (Conn. App. Ct. 2018).
· cites it 11× “11-51), later codified in General Statutes § 18-98e (original legislation).”
Rios v. Comm'r of Corr., 224 Conn. App. 350 (Conn. App. Ct. 2024).
· cites it 19× “That program was created by General Statutes § 18-98e,1 and allows eligible inmates to earn a certain amount of credit per month toward completion of their sentences.”
Breton v. Comm'r of Corr., 196 A.3d 789 (Conn. 2018).
· cites it 8× “2014) § 54-125a; 1 which eliminated risk reduction credit **465 awarded pursuant to General Statutes § 18-98e 2 from the calculation *792 of a violent offender's initial parole eligibility date, thereby requiring the offender to complete 85 percent of his definite sentence…”
James E. v. Comm'r of Corr., 163 A.3d 593 (Conn. 2017).
· cites it 7× “" Thereafter, in July, 2011, while the petitioner's criminal case was pending before the trial court, General Statutes § 18-98e 2 went into effect, pursuant to which inmates were eligible to earn risk reduction credit toward a reduction of their sentences.”
Garner v. Comm'r of Corr., 196 A.3d 1138 (Conn. 2018).
· cites it 8× “2014) § 54-125a; 1 which *1140 eliminated risk reduction credit awarded pursuant to General Statutes § 18-98e 2 **489 from the calculation of a violent offender's initial parole eligibility date, as applied retroactively to him, violates the ex post facto clause of the United…”
State v. Bischoff, 337 Conn. 739 (Conn. 2021).
· cites it 2× “11-51 of the 2011 Public Acts, § 22, codified at General Statutes § 18-98e (a), which provides in relevant part that ‘‘any person sentenced to a term of imprisonment for a crime committed on or after October 1, 1994, and committed to the custody of the Commissioner of Correction…”
— Conn. Gen. Stat. § 18-98e(a) — 3 cases
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
“In July, 2011, while the petitioner's criminal case was pending before the trial court, General Statutes § 18-98e 2 became effective, pursuant to which the respondent had discretion to award risk reduction credit toward a reduction of an inmate's sentence, up to five days per…”
Green v. Comm'r of Corr., 194 A.3d 857 (Conn. App. Ct. 2018).
“Therein, the petitioner alleged that on or about August 28, 2011, the respondent, the Commissioner of Correction (commissioner), implemented 1 the Risk Reduction Earned Credit (RREC) program pursuant to his authority under General Statutes § 18-98e. 2 He stated that the "RREC…”
— Conn. Gen. Stat. § 18-98e(b) — 1 case
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
“In July, 2011, while the petitioner's criminal case was pending before the trial court, General Statutes § 18-98e 2 became effective, pursuant to which the respondent had discretion to award risk reduction credit toward a reduction of an inmate's sentence, up to five days per…”
— Conn. Gen. Stat. § 18-98e(b)(2) — 1 case
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
“In July, 2011, while the petitioner's criminal case was pending before the trial court, General Statutes § 18-98e 2 became effective, pursuant to which the respondent had discretion to award risk reduction credit toward a reduction of an inmate's sentence, up to five days per…”
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