Guide

Getting lost good time restored

What official rules say in the 10 largest systems. Where there is no published process, we say so.

Restoration is almost always discretionary. Nothing here guarantees time will be returned.

Federal (BOP)

First Step Act time credits: lost credits may be restored in part or in full, case by case, after clear conduct for two consecutive risk and needs assessments (28 CFR 523.43(c)). Loss can be reviewed through the Administrative Remedy Program.
Good conduct time (54 days a year): we found no published process for restoring disallowed good conduct time. Challenges go through the Administrative Remedy Program (28 CFR part 542).

Under 15 CCR 3327–3329.5, credit forfeited for some lower-level rule violations is restored automatically after a set disciplinary-free period; other forfeitures can be restored on application (CDC Form 958) with a classification review, and some serious violations are not restorable. Check the current regulation text for which category applies.

Good conduct time forfeited for an offense or rule violation cannot be restored, but time placed in suspension may be reinstated (Gov't Code §498.004(a)).
After a parole or mandatory supervision revocation, two versions of §498.004(b) appear in the code: one says forfeited time cannot be restored; the other allows restoration after at least three months of good behavior when the revocation did not involve a new conviction. Ask TDCJ which version it applies.

Forfeited gain time can be considered for restoration when: at least one year has passed since the guilty finding; the person is serving the part of the sentence that would already be done but for the forfeiture; and they show positive overall institutional adjustment.
Not eligible if the person got a felony conviction for an offense during the current commitment. Some serious infractions need approval of the Secretary or designee.

A person with a recommended loss of good behavior allowance from a superintendent's hearing appears before the Time Allowance Committee, which must consider whether later behavior merits restoring all or part of the lost allowance and give its reasons (7 NYCRR 261.3).

No published restoration process found. Ohio's earned-credit rule (OAC 5120-2-06) describes forfeiture by the rules infraction board; we did not find a restoration procedure in it.

No published restoration process found. Pennsylvania does not have a general good-time system; early release programs such as RRRI (61 Pa.C.S. ch. 45) work differently.

For prisoners eligible for good time (offenses before April 1, 1987), the Good Time Committee recommends to the Warden whether forfeited credits should be restored, on a Time Review & Disposition form (CSX-482). Credits not earned because of a Class I misconduct can never be earned or restored. Most current prisoners are not in the good-time system.

Under DAC policy C.3000: Class A offenses, no restoration; Class B, a written request after one year infraction-free with a behavior agreement; Class C, automatic after six months, up to 10 days a month. Restoration is capped at 30 days a month and never applies to assault on staff with injury.