KRS § 197.045 — KY Code / Title XVII / Chapter 197 / Section 197.045
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
Status: in_force

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) 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.

(2) 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.

(3) 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.

(4) 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, 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.

(5) (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.

(6) 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.

(7) The provisions in subsection (1)(a)2. of this section shall apply retroactively to July

1, 2018.