Any person sentenced before the effective date of the new Penal Code of the Commonwealth of Puerto Rico to a term of imprisonment in any institution, or who is enjoying a furlough granted pursuant to the provisions of this chapter or who is confined in any government or private entity as part of a rehabilitation program or is on parole, who observes good conduct and assiduity, shall be entitled to the following reductions in the term of his/her sentence to be computed from the date of his/her confinement in the institution in question or from the moment he/she is granted parole:
(a) For a sentence that does not exceed fifteen (15) years, twelve (12) days in each month, or
(b) for a sentence of fifteen (15) years or more, thirteen (13) days for each month.
This reduction shall be made by calendar month and if the sentence contains a fraction of a month, either at the beginning or at the end of the sentence, he/she shall be accredited two (2) days for every five (5) days or part thereof, contained in said fraction.
The reduction for good conduct and assiduity may be made for the time that any person accused of committing any public offense has been deprived of his/her freedom if he/she is sentenced for the same deeds for which he/she has suffered said deprivation of freedom.
Those convictions that entail the penalty of imprisonment for ninety-nine (99) years and those that have given rise to a determination of aggravated recidivism or habitual recidivism pursuant to subsections (b) and (c) of Section 62 of Act No. 115 of July 22, 1974, as amended, known as the “Penal Code of the Commonwealth of Puerto Rico”, as well as those convictions imposed for lack of payment of a fine or that must be served in calendar years, are excluded from the credits provided in this section. Any person sentenced to serve a prison term under the new Penal Code of 2004 shall also be excluded from the credits provided in this section.
Provided, That any inmate sentenced to serve a prison term of ninety-nine (99) years before July 20, 1989, including any inmates whose conviction has given rise to a determination of aggravated recidivism or habitual recidivism, under the repealed Penal Code, shall be credited as set forth in subsection (c) of this section, in computing the maximum and the minimum term of their sentence.
History —July 22, 1974, No. 116, Part 1, p. 501, § 16; July 20, 1989, No. 27, p. 93, § 3; June 3, 2004, No. 135, § 2; Sept. 15, 2004, No. 315, § 4; July 27, 2009, No. 44, § 1.