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BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld
The plaintiff had a bad urine test after conviction but before sentence on federal charges and lost 27 days good time, to become effective when he was sentenced.
At 1157: "Pretrial detainees may not be punished by prison officials for the crime that led to their detention. ... They may, however, be disciplined or punished for misconduct they commit in prison while awaiting either trial or sentencing." Such punishment is reasonably related to legitimate objectives of public safety and institutional security.
Although detainees do not earn good time, under Bureau of Prisons regulations they may be recommended for good time for pre-trial detention time, and the recommendation may be reduced for misconduct; the court rejects the argument that there is no authority to take good time based on conduct preceding conviction. See: Resnick v. Adams, 37 F.Supp.2d 1154 (C.D.Cal. 1999).
At 1157: "Pretrial detainees may not be punished by prison officials for the crime that led to their detention. ... They may, however, be disciplined or punished for misconduct they commit in prison while awaiting either trial or sentencing." Such punishment is reasonably related to legitimate objectives of public safety and institutional security.
Although detainees do not earn good time, under Bureau of Prisons regulations they may be recommended for good time for pre-trial detention time, and the recommendation may be reduced for misconduct; the court rejects the argument that there is no authority to take good time based on conduct preceding conviction. See: Resnick v. Adams, 37 F.Supp.2d 1154 (C.D.Cal. 1999).
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Related legal case
Resnick v. Adams
| Year | 1999 |
|---|---|
| Cite | 37 F.Supp.2d 1154 (C.D.Cal. 1999) |
| Level | District Court |
| Injunction Status | N/A |