Mississippi Code
Miss. Code Ann. § 47-5-138 (2026)
Earned time allowances; earned-release supervision; promulgations of rules and regulations; forfeiture generally; release of offender; phase-out of earned time release
✓ current as of July 2026
- (1) The department may promulgate rules and regulations to carry out an earned time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned time release date by subtracting the earned time allowance from an inmate's term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.
- (2) An inmate may forfeit all or part of his earned time allowance for a serious violation of rules. No forfeiture of the earned time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned time may not be restored.
- (3)
- (a) For the purposes of this subsection, "final order" means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
- (b) On receipt of a final order, the department shall forfeit:
- (i) Sixty (60) days of an inmate's accrued earned time if the department has received one (1) final order as defined herein;
- (ii) One hundred twenty (120) days of an inmate's accrued earned time if the department has received two (2) final orders as defined herein;
- (iii) One hundred eighty (180) days of an inmate's accrued earned time if the department has received three (3) or more final orders as defined herein.
- (c) The department may not restore earned time forfeited under this subsection.
- (4) An inmate who meets the good conduct and performance requirements of the earned time allowance program may be released on his conditional earned time release date.
- (5) For any sentence imposed after June 30, 1995, an inmate may receive an earned time allowance of four and one-half (4-1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned time allowance program. The earned time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate's term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned time allowances as described in this subsection (5).
- (6) Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. The period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.
- (7) If the earned-release supervision is revoked, the inmate shall serve the remainder of the sentence, but the time the inmate served on earned-release supervision before revocation, shall be applied to reduce his sentence.
Laws, 1977, ch. 479, § 6; brought forward, Laws, 1981, ch. 465, § 73; reenacted and amended, Laws, 1984, ch. 386; reenacted, Laws, 1984, ch. 471, § 65; Laws, 1985, ch. 531, § 2; reenacted, Laws, 1986, ch. 413, § 65; Laws, 1992, ch. 520, § 1; Laws, 1993, ch. 403, § 1; Laws, 1995, ch. 596, § 4; Laws, 1996, ch. 350, § 1; Laws, 1996, ch. 418, § 1; Laws, 1998, ch. 402, § 1; Laws, 2001, ch. 393, § 5; Laws, 2005, ch. 471, § 9; Laws, 2012, ch. 486, § 1, eff. 4/26/2012.
Brought forward by Laws, 2014, ch. 457, HB 585, 72, eff. 7/1/2014.
Notes of Decisions
Cited in 61
cases (2 in the last 5 years), 1983–2026 · leading case: Puckett v. Abels, 684 So. 2d 671 (Miss. 1996).
Puckett v. Abels, 684 So. 2d 671 (Miss. 1996). “This complaint asked for a declaratory judgment as to the applicability of Senate Bill 2175, Section 4, paragraph 4, amending Miss. Code Ann. § 47-5-138 (1993) (Earned Release), as unconstitutional to crimes that occurred prior to the effective date of this bill.”
Tubwell v. Anderson, 776 So. 2d 654 (Miss. 2000). “The present appeal arises from the MDOC's revocation of Tubwell's earned "good time" credits pursuant to the mandate of Miss.Code Ann. § 47-5-138 (Supp. 1999), following the dismissal as frivolous of various lawsuits filed by Tubwell.”
Patrick Fluker v. State of Mississippi, 170 So. 3d 471 (Miss. 2015). “Miss. Code Ann. 47-5-138(6) (Rev. 2011). 12 his petitions for PCR, it is clear that not all identities are present, because Fluker’s claims regarding the revocation of his conditional release were not identical.”
Morris v. State, 66 So. 3d 716 (Miss. Ct. App. 2011). “" Miss.Code Ann. § 47-5-138(2) (Rev.2004). If the ERS is revoked, "the inmate shall serve the remainder of the sentence and the time the inmate was on earned-release supervision, shall not be applied to and shall not reduce his sentence.”
Dock v. State, 802 So. 2d 1051 (Miss. 2001). “In denying Dock's motion for post-conviction relief, the circuit court deemed the motion frivolous and directed that Dock forfeit sixty days of earned time for the filing of a frivolous motion pursuant to Miss.Code Ann. § 47-5-138 (Supp.2001). Dock now argues that the circuit…”
Ex Parte Rieck, 144 S.W.3d 510 (Tex. Crim. App. 2004). “We note that, once the habeas application is under consideration, the judge trying the habeas corpus action has discretion to assess costs under TEX.”
Hall v. State, 800 So. 2d 1202 (Miss. Ct. App. 2001). “Miss.Code Ann. § 47-5-138 (Rev.2000). At such time as the earned time allowance equals the unexpired portion of the inmate's sentence, the inmate is entitled to release "under earned-release supervision until the expiration of the term of sentence.”
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-138(3) (Supp.2007).”
Bessent v. Clark, 974 So. 2d 928 (Miss. Ct. App. 2007). “Miss. Code Ann. § 47-5-138 (Rev. 2004). To be precise, after one such lawsuit, "the department shall forfeit .”
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “Miss.Code Ann. § 47-5-138(6). To remain an inmate on ERS, Sobrado was obligated to observe certain conditions set by the MDOC.”
Tiller v. State, 440 So. 2d 1001 (Miss. 1983). “Miss. Code Ann. § 47-5-138 (Supp. 1982). The earned time accumulated by an inmate is subject to forfeiture if he commits offenses of a serious nature and an offender may also be demoted to a less favorable earned time class if it serves to maintain good discipline and efficiency…”
Holt v. State, 757 So. 2d 1088 (Miss. Ct. App. 2000). “The trial court further found that Holt's request for a sentence modification was frivolous and ordered that a certified copy of the trial court dismissal of Holt's petition be sent to the Mississippi Department of Corrections for action pursuant to Miss. Code Ann. § 47-5-138…”
— Miss. Code Ann. § 47-5-138(1) — 1 case
Boler v. Bailey, 840 So. 2d 734 (Miss. Ct. App. 2003).
— Miss. Code Ann. § 47-5-138(2) — 2 cases
Morris v. State, 66 So. 3d 716 (Miss. Ct. App. 2011). “" Miss.Code Ann. § 47-5-138(2) (Rev.2004). If the ERS is revoked, "the inmate shall serve the remainder of the sentence and the time the inmate was on earned-release supervision, shall not be applied to and shall not reduce his sentence.”
Huggins v. State, 928 So. 2d 981 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 47-5-138(3) — 4 cases
McKenzie v. State, 66 So. 3d 1274 (Miss. Ct. App. 2011).
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-138(3) (Supp.2007).”
McLamb v. State, 974 So. 2d 935 (Miss. Ct. App. 2008).
Field v. State, 856 So. 2d 492 (Miss. Ct. App. 2003).
— Miss. Code Ann. § 47-5-138(3)(a) — 7 cases
Ex Parte Rieck, 144 S.W.3d 510 (Tex. Crim. App. 2004). “We note that, once the habeas application is under consideration, the judge trying the habeas corpus action has discretion to assess costs under TEX.”
Tubwell v. Anderson, 776 So. 2d 654 (Miss. 2000). “The present appeal arises from the MDOC's revocation of Tubwell's earned "good time" credits pursuant to the mandate of Miss.Code Ann. § 47-5-138 (Supp. 1999), following the dismissal as frivolous of various lawsuits filed by Tubwell.”
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-138(3) (Supp.2007).”
Huggins v. State, 928 So. 2d 981 (Miss. Ct. App. 2006).
Holt v. State, 757 So. 2d 1088 (Miss. Ct. App. 2000). “The trial court further found that Holt's request for a sentence modification was frivolous and ordered that a certified copy of the trial court dismissal of Holt's petition be sent to the Mississippi Department of Corrections for action pursuant to Miss. Code Ann. § 47-5-138…”
— Miss. Code Ann. § 47-5-138(3)(b) — 1 case
Holt v. State, 757 So. 2d 1088 (Miss. Ct. App. 2000). “The trial court further found that Holt's request for a sentence modification was frivolous and ordered that a certified copy of the trial court dismissal of Holt's petition be sent to the Mississippi Department of Corrections for action pursuant to Miss. Code Ann. § 47-5-138…”
— Miss. Code Ann. § 47-5-138(3)(b)(i) — 2 cases
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012). “Miss.Code Ann. § 47-5-138(3) (Supp.2007).”
McLamb v. State, 974 So. 2d 935 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 47-5-138(3)(b)(ii) — 1 case
Roland v. State, 939 So. 2d 810 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 47-5-138(4) — 1 case
Taylor v. State, 766 So. 2d 830 (Miss. Ct. App. 2000).
— Miss. Code Ann. § 47-5-138(5) — 6 cases
Hall v. State, 800 So. 2d 1202 (Miss. Ct. App. 2001). “Miss.Code Ann. § 47-5-138 (Rev.2000). At such time as the earned time allowance equals the unexpired portion of the inmate's sentence, the inmate is entitled to release "under earned-release supervision until the expiration of the term of sentence.”
Golden v. Epps, 958 So. 2d 271 (Miss. Ct. App. 2007).
Richburg v. State, 724 So. 2d 444 (Miss. Ct. App. 1998).
Peters v. State, 935 So. 2d 1064 (Miss. Ct. App. 2006).
McKnight v. State, 751 So. 2d 471 (Miss. Ct. App. 1999).
— Miss. Code Ann. § 47-5-138(6) — 9 cases
Patrick Fluker v. State of Mississippi, 170 So. 3d 471 (Miss. 2015). “Miss. Code Ann. 47-5-138(6) (Rev. 2011). 12 his petitions for PCR, it is clear that not all identities are present, because Fluker’s claims regarding the revocation of his conditional release were not identical.”
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “Miss.Code Ann. § 47-5-138(6). To remain an inmate on ERS, Sobrado was obligated to observe certain conditions set by the MDOC.”
Morris v. State, 66 So. 3d 716 (Miss. Ct. App. 2011). “" Miss.Code Ann. § 47-5-138(2) (Rev.2004). If the ERS is revoked, "the inmate shall serve the remainder of the sentence and the time the inmate was on earned-release supervision, shall not be applied to and shall not reduce his sentence.”
Hall v. State, 800 So. 2d 1202 (Miss. Ct. App. 2001). “Miss.Code Ann. § 47-5-138 (Rev.2000). At such time as the earned time allowance equals the unexpired portion of the inmate's sentence, the inmate is entitled to release "under earned-release supervision until the expiration of the term of sentence.”
Putnam v. Epps, 63 So. 3d 547 (Miss. 2011).
— Miss. Code Ann. § 47-5-138(7) — 2 cases
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “Miss.Code Ann. § 47-5-138(6). To remain an inmate on ERS, Sobrado was obligated to observe certain conditions set by the MDOC.”
Peters v. State, 935 So. 2d 1064 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 47-5-138(l) — 1 case
Lizana v. Scott, 910 So. 2d 31 (Miss. Ct. App. 2005).
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