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Elderly Home Detention Program Eligibility Determined Based on Sentence Imposed Without Good Time

In determining eligibility for the Elderly Offender Home Detention Pilot Program (EOHDPP), the Bureau of Prisons (BOP) may not consider a prisoner’s earned good time in calculating whether a prison has served enough time to enter the program, the U.S. Court of Appeals for the tenth circuit decided September 28, 2010.

Gaetano Izzo sought habeas corpus relief after he was denied entrance into the EOHDPP. To be eligible for the program, the prisoner must have served “the greater of 10 years or 75 percent of the term of imprisonment to which the offender was sentenced.” Izzo argued his earned good time should be considered in calculating whether he had served 75 percent of his sentence.

The Tenth Circuit disagreed. “[T]he phrase ‘term of imprisonment to which the offender was sentenced’ unambiguously refers to the term imposed by the sentencing court, without any consideration of good time credit,” the court wrote.

The district court’s denial of habeas relief was accordingly affirmed.

See: Izzo v. Wiley, 620 F. 3d 1257 (10th Cir. 2010).

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Related legal case

Izzo v. Wiley