2015 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 evidencebased 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 the sex offender treatment program,
(5)
(6)
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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