Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-138 - Sentence begins date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Jail credit.
			 Each sentence begins date shall reflect all jail credit.
(b) Reimposed sentence, governed by date of
			 reimposition; adjustment alternatives. The sentence begins date for reimposed
			 sentences, including those reimposed for technical probation violators or
			 persons returned by appellate mandates, shall be the date the court reimposed
			 the sentence unless jail credit or prior penal credit is due. If the court
			 instructs the inmate to surrender to correctional authorities after the
			 sentence imposition date, that surrender date shall become the sentence begins
			 date. This date may be further adjusted by jail credit.
(c) Multiple concurrent sentences governed by
			 court order. The court orders in which multiple, nonconsecutive sentences were
			 imposed shall serve as the reference to ascertain the sentence begins date for
			 use in computing the controlling minimum, maximum, conditional release dates,
			 or guidelines release date, as applicable, subject to the provisions of K.A.R.
			 44-6-137, K.A.R. 44-6-138, and K.A.R. 44-6-139.
(d) Multiple consecutive sentences. When
			 multiple sentences are imposed on the same date with the stipulation that one
			 is to be consecutive to another, that date shall be used for the sentence
			 begins date unless adjustments are necessary to allow for jail credit. Jail
			 credits allowed shall reflect the largest amount given on any sentence.
(e) Consecutive before 1979 or
			 after 1982. If a sentence for a crime committed before January 1, 1979 or after
			 July 1, 1982 is to be consecutive with any previously imposed sentence, all
			 dates shall be computed from the earliest sentence imposition date, allowing
			 for jail credit and prior penal credit earned on that earliest sentence. If an
			 inmate has been on probation, parole, or conditional release, as a result of a
			 previously imposed sentence, parole eligibility, conditional release, and
			 maximum dates shall also be adjusted to give credit for time served on
			 probation, parole, or conditional release, subject to K.S.A. 21-4608, and
			 amendments thereto.
(f)
			 Consecutive sentences between 1979 and 1982. If a sentence for a crime
			 committed on or after January 1, 1979 and through June 30, 1982 is to be
			 consecutive with any previously imposed sentence, the sentence begins date
			 shall be determined by the imposition date of the latest sentence. The sentence
			 begins date shall then be moved to an earlier date by an amount of time equal
			 to jail credit and prior penal credit earned on the earlier sentence. Credit
			 shall also be allowed for the time on the minimum term of the earlier sentence,
			 including any time on probation or parole, up to a maximum reduction equal to
			 the minimum term of the earlier sentence.
(g)
(1) If a
			 sentence for a crime committed on or after July 1, 1983 is to be consecutive
			 with some previously imposed sentence, the aggregated minimums and maximums
			 shall be computed, and the aggregate sentence shall have the same sentence
			 begins date as the newly imposed sentence. Credit shall be given on the
			 aggregate in an amount equal to the time served on the earlier sentences
			 included in the aggregate. However, for the purpose of computing the sentence
			 begins date, the parole eligibility date, and the conditional release date,
			 this credit shall not exceed the amount of time equal to the period from the
			 sentence begins date, for the previous sentence, to the earliest possible
			 parole eligibility date as if all good time credits had been earned on that
			 previous sentence. An inmate serving a life sentence shall be allowed credit
			 for the total time served, not to exceed 15 years. An inmate serving a
			 mandatory minimum sentence shall be allowed credit for all time served on the
			 sentence before July 1, 1982 plus the remaining minimum time to serve, less all
			 good time credits allowable. When computing the maximum date, the inmate shall
			 receive credit for all time served on the previous sentence.
(2) If the aggregate includes a sentence on
			 which the inmate was serving probation, parole, or conditional release, no
			 credit for time spent on that probation, parole, or conditional release shall
			 be given in computations for the aggregate sentence.