518
Stevens, J., dissenting
omitted). As we stated succinctly in Weaver v. Graham, 450 U. S., at 33, "[t]he inquiry looks to the challenged provision, and not to any special circumstances that may mitigate its effect on the particular individual."
Second, we have noted that an impermissible increase in the punishment for a crime may result not only from statutes that govern initial sentencing but also from statutes that govern parole or early release. Thus, in Weaver v. Graham, we addressed a Florida statute that altered the availability of good-time credits. We rejected any notion that the removal of good-time credits did not constitute an increase in punishment, explaining that "a prisoner's eligibility for reduced imprisonment is a significant factor entering into both the defendant's decision to plea bargain and the judge's calculation of the sentence to be imposed." Id., at 32, citing Wolff v. McDonnell, 418 U. S. 539, 557 (1974); Warden v. Marrero, 417 U. S. 653, 658 (1974). See also Greenfield v. Scafati, 277 F. Supp. 644, 645 (Mass. 1967) (three-judge court) ("The availability of good conduct deductions is considered an essential element of the sentence"), summarily aff'd, 390 U. S. 713 (1968).
Finally, we have held that an increase in punishment occurs when the State deprives a person of the opportunity to take advantage of provisions for early release. Thus, in Weaver we emphasized that "petitioner is . . . disadvantaged by the reduced opportunity to shorten his time in prison simply through good conduct." 450 U. S., at 33-34. Our statement in Weaver was consistent with our holding in Lindsey that "[i]t is plainly to the substantial disadvantage of petitioners to be deprived of all opportunity to receive a sentence which would give them freedom from custody and control prior to the expiration of the 15-year term." 301 U. S., at 401-402. See also Greenfield v. Scafati, 277 F. Supp. 644 (Mass. 1967) (three-judge court), summarily aff'd, 390 U. S. 713 (1968) (affirming judgment of a three-judge court that
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