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H.B. 99 Enrolled

    

SENTENCING CREDIT FOR GOOD BEHAVIOR

    
1998 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Katherine Bryson

    AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING CREDIT FOR GOOD
    BEHAVIOR AGAINST A SENTENCE FOR FELONY OFFENSES WHERE
    IMPRISONMENT IN A COUNTY JAIL IS PART OF A PROBATION AGREEMENT.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         76-3-403, as last amended by Chapter 249, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 76-3-403 is amended to read:
         76-3-403. Credit for good behavior against jail sentence for misdemeanors and
     certain felonies.
        In any commitment [to imprisonment] for incarceration in a county jail or detention
    facility, other than the Utah State Prison, [for a misdemeanor offense,] the custodial authority may
    in its discretion and upon good behavior of the inmate allow up to ten days credit against the
    sentence to be served for every 30 days served or up to two days credit for every ten days served
    when the period to be served is less than 30 days[.] if:
        (1) the incarceration is for a misdemeanor offense, and the sentencing judge has not
    entered an order to the contrary; or
        (2) the incarceration is part of a probation agreement for a felony offense, and the
    sentencing district judge has not entered an order to the contrary.


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