Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-115c - Service of postrelease supervision revocation incarceration penalty period; awarding, withholding, and forfeiture of good time credits for offenders serving incarceration penalty period

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 offenders who were convicted of committing offenses on or after July 1, 1993,
			 but before April 20, 1995, and whose postrelease supervision is revoked for
			 reasons other than commission of a new crime, good time credits shall not be
			 available for the purpose of reducing the applicable 90-day incarceration
			 penalty period.
(b) For offenders
			 convicted of crimes committed on or after April 20, 1995, and whose postrelease
			 supervision is revoked for reasons other than commission of a new crime, good
			 time credits may be earned toward reduction of the applicable six-month
			 incarceration penalty period by up to three months. Awarded good time credits
			 shall be applied at the rate of one day for each day served from the date of
			 the revocation hearing or, if applicable, the effective date of waiver of the
			 revocation hearing before the Kansas parole board.
(c) For offenders who are serving a
			 sentencing guidelines sentence and whose postrelease supervision is revoked due
			 to commission of a new crime, good time credits shall not be available to
			 reduce the period of the incarceration penalty.
Offenders whose postrelease supervision is revoked due to
				commission of a new felony shall serve the entire remaining balance of
				postrelease supervision in prison. Offenders whose postrelease supervision is
				revoked due to commission of a misdemeanor shall serve the remaining balance of
				postrelease supervision in prison unless released by order of the Kansas parole
				board.
(d) Awards of good
			 time shall be made at 30-day intervals from the date of the revocation hearing
			 before the board, or from the effective date of the waiver of the revocation
			 hearing, as applicable. If an offender who waives the revocation hearing has
			 not yet been transferred to a correctional facility when any 30-day interval
			 occurs, the initial award shall be made when the offender is so transferred.
			 When the offender waives the revocation hearing before the board, 100% of good
			 time credits available for any time spent in detention from the effective date
			 of the waiver and before the offender's transfer to a correctional facility
			 shall be awarded, unless there is written documentation of maladjustment during
			 the detention.
(e) For purposes of
			 forfeiture, award, and withholding of good time credits, offenders serving a
			 postrelease revocation penalty period for reasons other than commission of a
			 new crime shall be subject to the provisions of articles 12 and 13 of these
			 regulations that prescribe rules of inmate conduct, penalties for violation
			 thereof, and the procedures employed for processing charges of rules
			 violations.
(f) The following
			 factors shall be considered in determining whether or not an offender is
			 awarded good time credits:
(1) The offender's
			 performance in a work assignment;
(2) the offender's performance in a program
			 assignment;
(3) the offender's
			 maintenance of an appropriate personal and group living environment;
(4) the offender's participation in release
			 planning activities;
(5) the
			 offender's disciplinary record, unless the offender incurred a forfeiture of
			 good time credits based on the same disciplinary conviction; and
(6) any other factors related to the
			 offender's general adjustment, performance, behavior, attitude, and overall
			 demonstration of individual responsibility and accountability.