Kevin Sieben Law Blog

Even if you’ve never spent a second behind bars, you likely have an image in your mind. It’s an image built on a Hollywood sound stage and featured widely in TV shows and movies.

Some TV shows and movies portray prison as gritty and violent, while others have more of a “country club” feel.

So what’s the real story?

In short, it depends where you are. In the United States, the prison classification system ranges from Supermax prisons (which house those who are considered a threat to national security), to minimum security prisons (which are often work-oriented and typically house those convicted of less serious offenses).

The common theme: restrictions on personal freedom and privacy.

Prisoners are bound by the rules and regulations of those charged with operating the prison. There’s no craft services table full of snacks. There’s no wardrobe trailer. There’s no hair and make-up team. And, perhaps most importantly, there’s no director around to yell, “Cut!”

Photo via Tim Pearce

Between the television news, newspapers, and movies, you’ve certainly heard it: “The prisoner got out early on good behavior.” But what exactly does this mean? And who is eligible?

“Good behavior” is the colloquial term for what the corrections system officially calls the “good conduct allowance,” or “diminution of sentence.”

Good conduct allowance policies vary by state. Here’s how it works in Minnesota, according to MN statute 643.29: any prisoner serving a sentence of at least ten days is eligible for a potential good conduct allowance. For every two days of the sentence during which the prisoner follows all the rules and does what is asked of him or her, that prisoner is eligible to receive a one-day sentence reduction.

This means that a model prisoner could theoretically reduce his or her sentence by 33%. But there’s a catch: any corrections officer — or individual within a position of authority within the corrections system — can revoke or reinstate “banked” good conduct time at any point.

Good conduct allowances serve several purposes: they provide incentives for good behavior in prison, they help to reduce prison crowding, and they can help the system identify prisoners who are least likely to reoffend after release.

Want to learn more? Contact us today.

Jail. Prison. The words are often used interchangeably, but there’s actually a significant difference between the two.

The first difference has to do with crime severity. In Minnesota, a prison is used to house only felony level offenders. So if you haven’t been convicted of a felony, you won’t end up in a prison in Minnesota.

Jails, on the other hand, are used to house individuals convicted of misdemeanors and gross misdemeanors. In addition, individuals charged with felonies are often held in a jail before trial.

The other primary difference between jails and prisons concerns the governing authority. In Minnesota, prisons are operated by the Minnesota Commissioner of Corrections. Jails are maintained by precinct in which the building is located. This could be a county, or even an individual city.

One thing that jails and prisons have in common? You don’t want to end up in either one. That’s why, if you’ve been charged with a crime, it’s crucial to have a legal expert fighting to keep you on the correct side of the bars.