Disgraced gubernatorial candidate Eliot Cutler was released from jail Thursday, about a month and a half early — a standard practice under Maine law.
Cutler was released because of good behavior after serving 33 weeks. The state’s “Good Time” law allows incarcerated people to earn five to seven days per month of good behavior.
Cutler could have earned up to 35 days for the time he was incarcerated, according to the law.
Cutler, 77, pleaded guilty to four felony counts of possessing child pornography in Hancock County court on May 4. He was sentenced to four years in prison on June 1, with all but nine months suspended.
He has to serve six years of probation following his release. Cutler served his sentence at the Hancock County Jail because only sentences longer than nine months are served in the Maine Department of Corrections.
The wealthy Maine attorney had 142,000 pornographic images and videos of children saved on his electronic devices and nearly 84,000 of those images depicted children under age 12. Some images showed children as young as 4 to 6.
What is Maine’s Good Time law?
The first version of the law took effect in 1976, the same year Maine abolished its parole system.
Maine does not have a parole system, unlike the majority of states. An attempt to bring it back did not make it through the Legislature during the summer. Parole allows people to leave prison before their sentence is complete while being monitored. A decision about parole typically goes through a review board.
The most recent version of the Good Time law is from 2004 and outlines how much time people can earn, based on their behavior and the reason they are incarcerated.
Who is eligible, and for how much time?
People serving a life sentence are not eligible for the “good time” credit.
People convicted of murder, domestic violence and sex offenses, including possession of child pornography, can earn up to five days per month of good behavior. Two of those days are earned through good conduct, while three can be earned through participating in a work program.
Up to seven days can be earned a month for people convicted of charges that are not murder, domestic violence or sex offenses. Those people can earn four days for good conduct, three days of work program participation and two days for certain work, education or rehabilitation programs.
How is the early release calculated?
If someone receives a suspended sentence, like Cutler being sentenced to four years with all but nine months suspended, the good time calculations are made on the suspended sentence amount, not the overall length, per the law.
How does it affect probation?
If someone is released early, and their sentence includes probation, they still have to follow their probation requirements.
Are there other reasons a prisoner can get early release?
Incarcerated people can request early release. The form asks for details about medical conditions, extraordinary circumstances and the reason for requesting early release. It also asks if the person has already talked with the district attorney about their case.
