2025 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 -- Payments for jails upon prisoner completion of department-approved program and sentence credit.
Universal Citation:
KY Rev Stat § 197.045 (2025)
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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 -- Payments for jails upon
prisoner completion of department-approved program and sentence credit.
(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 High School Equivalency Diploma or a high
school diploma, a college degree, a completed vocational or technical
education program, or a correspondence postsecondary education
program which results in a diploma or degree, as provided, defined, and
approved by the department in the amount of ninety (90) days per
diploma, degree, or technical education program completed;
3.
Successfully completing a drug treatment program, evidence-based
program, or any other promising practice or life skills program approved
by the department, in the amount of not more than ninety (90) days for
each program completed. The department shall determine criteria to
establish whether a life skills or promising practice program is eligible
for sentence credits. Programs shall demonstrate learning of skills
necessary for reintegration into the community to minimize barriers to
successful reentry. Approval of programs shall be subject to review by
the cabinet; 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
(5)
(6)
(7)
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, 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.
Starting in fiscal year 2021-2022 and through fiscal year 2023-2024, if a state
prisoner is confined in a jail pursuant to KRS 532.100 and earns sentencing credits
under subsection (1)(a)2. or 3. of this section while confined in that jail, at the end
of that prisoner's period of confinement in that jail, the department shall pay a fee to
the unit of local government or regional jail authority responsible for the
administration of that jail as follows:
(a) For every Department of Corrections-approved program completed which
resulted in the issuance of a ninety (90) day sentencing credit, a payment of
one thousand dollars ($1,000) shall be made;
(b) For every Department of Corrections-approved program completed which
resulted in the issuance of a sixty (60) day sentencing credit, a payment of six
hundred dollars ($600) shall be made; and
(c) For every Department of Corrections-approved program completed which
resulted in the issuance of a thirty (30) day sentencing credit, a payment of
three hundred dollars ($300) shall be made.
The provisions in subsection (1)(a)2. of this section shall apply retroactively to July
1, 2018.
Effective: April 7, 2021
History: Amended 2021 Ky. Acts ch. 194, sec. 4, effective April 7, 2021. -- Amended
2019 Ky. Acts ch. 116, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts
ch. 63, sec. 25, effective June 29, 2017. -- 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.
2024-2026 Budget Reference. See State/Executive Branch Budget, 2024 Ky. Acts ch.
175, Pt. I, H, 5, c, (9) at 1867.
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