Q: my offense was in 1985. should I be under the good-time act in effect in 1985, or the act in effect when sentenced in 19
offense occurred in 1985, per bill of information. arrested 1988. Convicted 1989 and sentenced 1989. placed on good-time act 376 in effect at time of sentence.
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A:
In general, criminal laws and penalties that are in effect at the time an offense is committed are the ones that apply to the defendant, in order to avoid ex post facto implications. The Ex Post Facto Clause of the Constitution prohibits the government from enacting laws that retroactively increase the punishment for a criminal act.
However, when it comes to administrative matters, such as good-time credits or parole eligibility, the application can be more complex. It often depends on the specific language of the law, as well as judicial interpretations.
If the good-time act in effect at the time of sentencing was applied to you, it would seem that the relevant authorities deemed it the appropriate one.
However, if you believe there is an inconsistency or error in the application, it would be prudent to consult directly with an attorney familiar with your jurisdiction and the specifics of your case to get a definitive answer.
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