2014 Kentucky Revised Statutes
CHAPTER 197 - PENITENTIARIES
197.045 Credit on sentence for prior confinement, educational accomplishment, good behavior, or meritorious service -- Requirement of completion of sex offender treatment program for eligible sexual offenders -- Forfeiture of credit for certain dismissals of inmates' civil actions.
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<![CDATA[197.045
Credit on sentence for prior confinement, educational
accomplishment, good behavior, or meritorious service -- Requirement of
completion of sex offender treatment program for eligible sexual
offenders -- Forfeiture of credit for certain dismissals of inmates' civil
actions.
(1)
(2)
(3)
(4)
Any person convicted and sentenced to a state penal institution:
(a) Shall receive a credit on his or her sentence for:
1.
Prior confinement as specified in KRS 532.120;
2.
Successfully receiving a general equivalency diploma or a high
school diploma, a two (2) or four (4) year college degree, a two (2)
year or four (4) year degree in applied sciences, a completed
technical education program, or an online or correspondence
education program, each as provided and defined by the
department, or a civics education program that requires passing a
final exam, in the amount of ninety (90) days per diploma, degree, or
technical education program completed; and
3.
Successfully completing a drug treatment program or other
evidence-based program approved by the department, in the
amount of not more than ninety (90) days for each program
completed; and
(b) May receive a credit on his or her sentence for:
1.
Good behavior in an amount not exceeding ten (10) days for each
month served, to be determined by the department from the conduct
of the prisoner;
2.
Performing exceptionally meritorious service or performing duties of
outstanding importance in connection with institutional operations
and programs, awarded at the discretion of the commissioner in an
amount not to exceed seven (7) days per month; and
3.
Acts of exceptional service during times of emergency, awarded at
the discretion of the commissioner in an amount not to exceed
seven (7) days per month.
Except for a sentencing credit awarded for prior confinement, the department
may forfeit any sentencing credit awarded under subsection (1) of this section
previously earned by the prisoner or deny the prisoner the right to earn future
sentencing credit in any amount if during the term of imprisonment, a prisoner
commits any offense or violates the rules of the institution.
When two (2) or more consecutive sentences are to be served, the several
sentences shall be merged and served in the aggregate for the purposes of the
sentencing credit computation or in computing dates of expiration of sentence.
Until successful completion of the sex offender treatment program, an eligible
sexual offender may earn sentencing credit. However, the sentencing credit
shall not be credited to the eligible sexual offender's sentence. Upon the
successful completion of the sex offender treatment program, as determined by
the program director, the offender shall be eligible for all sentencing credit
earned but not otherwise forfeited under administrative regulations
promulgated by the Department of Corrections. After successful completion of
(5)
(6)
the sex offender treatment program, an eligible sexual offender may continue
to earn sentencing credit in the manner provided by administrative regulations
promulgated by the Department of Corrections. Any eligible sexual offender, as
defined in KRS 197.410, who has not successfully completed the sex offender
treatment program as determined by the program director shall not be entitled
to the benefit of any credit on his or her sentence. A sexual offender who does
not complete the sex offender treatment program for any reason shall serve his
or her entire sentence without benefit of sentencing credit, parole, or other form
of early release. The provisions of this section shall not apply to any sexual
offender convicted before July 15, 1998, or to any sexual offender with an
intellectual disability.
(a) The Department of Corrections shall, by administrative regulation, specify
the length of forfeiture of sentencing credit and the ability to earn
sentencing credit in the future for those inmates who have civil actions
dismissed because the court found the action to be malicious, harassing,
or factually frivolous.
(b) Penalties set by administrative regulation pursuant to this subsection
shall be as uniform as practicable throughout all institutions operated by,
under contract to, or under the control of the department and shall specify
a specific number of days or months of sentencing credit forfeited as well
as any prohibition imposed on the future earning of sentencing credit.
The provisions in subsection (1)(a)2. of this section shall apply retroactively to
July 15, 2011.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 94, sec. 5, effective July 15, 2014. -Amended 2013 Ky. Acts ch. 69, sec. 9, effective June 25, 2013. -- Amended
2012 Ky. Acts ch. 146, sec. 27, effective July 12, 2012. -- Amended 2011 Ky.
Acts ch. 2, sec. 36, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 107,
sec. 3, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 22,
effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 345, sec. 3, effective July
14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 24, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 118, sec. 6, effective July 15, 1996; and ch. 145,
sec. 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 42,
effective July 14, 1992; and ch. 445, sec. 7, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 497, sec. 12, effective July 13, 1990. -- Amended 1982 Ky.
Acts ch. 344, sec. 23, effective July 15, 1982. -- Amended 1974 Ky. Acts ch.
146, sec. 1. -- Amended 1970 Ky. Acts ch. 90, sec. 1. -- Amended 1962 Ky. Acts
ch. 109, sec. 1. -- Created 1956 Ky. Acts ch. 102, sec. 1.
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