Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-125 - Good time forfeitures not restored; exceptions; limits; parole; guidelines release date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On and after
			 May 1, 1981, no good time restored. For all inmates, good time that was
			 forfeited on and after May 1, 1981 shall not be restored at a later date. An
			 exception may be requested by the warden in order that standards of basic
			 fairness, equity, and justice may be met. In such a case, good cause for
			 restoration of good time credits shall be shown, in writing, by the warden to
			 the secretary or the secretary's designee. Restoration of good time credits by
			 exception shall be granted only upon written approval by the secretary or the
			 secretary's designee. Good time forfeited before the first effective date of
			 this regulation, May 15, 1980, may be restored in accordance with the secretary
			 of corrections' policies and procedures then in force and effect. Good time
			 credits that are eligible for award but have not yet actually been awarded due
			 to an administrative error or omission may be forfeited.
(b) Forfeit only on minimum until parole
			 eligibility. Before parole eligibility, forfeited good time credits shall be
			 subtracted from the amount of good time credits earned toward the parole
			 eligibility only, and not from those credits used to create the conditional
			 release date. After parole eligibility is achieved, subsequent forfeited
			 credits shall be subtracted from the credits used to form the conditional
			 release date.
(c) Forfeitures
			 limited to awards; no extension of maximum. Good time credits shall not be
			 forfeited in an amount in excess of the good time earned before the
			 disciplinary conviction. If an inmate receives an award of jail credit from the
			 sentencing court after issuance of the original journal entry of sentencing and
			 the sentence computation is revised accordingly, previous forfeitures of good
			 time credits shall not be revised or modified. In cases of a new sentence
			 conviction, disciplinary offenses occurring before the effective date of the
			 new sentence that result in the forfeiture of good time credits shall not be
			 applied to the computation. In no case shall forfeiture of good time credits
			 extend the controlling maximum sentence, nor shall the forfeiture interfere
			 with or bypass any statutorily fixed parole eligibility that is not controlled
			 by good time credits.
(d) No
			 parole eligibility if forfeited time remains unserved. If good time credits on
			 the term have been forfeited, an inmate shall not be eligible for parole until
			 the inmate has served the time that otherwise would have been subtracted from
			 the term by the application of the credits, or has obtained a restoration of
			 those credits.
(e) In the case of
			 an offender serving a guidelines sentence, forfeiture of good time credits
			 shall affect the guidelines release date. Good time credits shall not be
			 forfeited in an amount in excess of good time previously earned.
(f) Forfeitures made by disciplinary process.
			 Forfeiture of good time credits or program credits may be ordered by the
			 disciplinary board or hearing officer as a penalty for the inmate's commission
			 of certain offenses as set out in articles 12 and 13 of these regulations.