Sentence Credits and Inmate Release

Ashley Sullivan, Branch ManagerOffender Information Services

•Types of Sentence Credit

•Basic Sentence Calculations

•Methods of Inmate Release

Sentence Credits and Inmate Release

• Day for Day credit awarded for time spent in custody

• Meritorious good time may be awarded for these types of credit

Jail credit/Credit For Time Served/Parole Violator Custody Credit

• Awarded in the amount of ten (10) days for each month served

– which is equivalent to three (3) months per year, or (1/4) of an offender sentence

• Awarded when an inmates sentence is initially calculated• May be forfeited as a result of disciplinary action• Losses may be restorable or non-restorable

Statutory Good Time

• Awarded in the amount of 7 days for each full calendar month

• Awarded monthly based on conduct/eligibility during the previous month

• May be forfeited after all statutory good time has been exhausted

• Once forfeited, Meritorious Good Time cannot be restored

Meritorious Good Time

• Awarded in the amount of 90 days for each program/educational achievement completed on or after April 15, 2008

• Awarded in the amount of 60 days for education achievement prior to April 15, 2008

• No credit may be awarded for programs completed before April 15, 2008

Program Credit/Educational Good Time

• Credit may only be awarded at the discretion of the commissioner for acts of an extraordinary nature

• Amount of Award is determined by the commissioner but cannot exceed 7 days for each

month served

Extraordinary Meritorious good Time

• Eligible inmates are awarded one day of credit for every 40 hours worked• Credit is Applied monthly• Credit may be forfeited if specified by adjustment committed after all Statutory Good Time and Meritorious Good Time have

been forfeited• Once Forfeited, work for time credit cannot

be restored

Work For Time Credit

•Effective June 8, 2011•Equivalent of sentence credits for Inmates

– Monthly Compliance Credit– Educational / Program Credit– Extraordinary Meritorious Good Time– Parolee Work for Time Credit

•Offenders on Parole and Mandatory Reentry Supervision are eligible

Parole Compliance Credit

Sentence Start Date:– First date an inmate is committed to DOC custody for a

given period of incarceration– Typically Date of Final Sentencing or Probation Revocation– Offenders May be Permitted to report to jail on a later Date – Date received by DOC when offenders are sentenced

while out of state

Basic Sentence Calculations

Total Sentence Length:

Under Kentucky Law all sentence calculations are based on an aggregate sentence

–For Concurrent sentences all sentences are satisfied by service of the longest sentence

–For Consecutive Sentences the individual sentences are added to form one total sentence, and all sentences

are satisfied by service of that total sentence

Basic Sentence Calculations

Maximum Expiration Date: An offender’s Maximum Expiration date represents the date when an offender will have served their entire sentence without the benefit of good time

– Jail Credit, Credit for Time Served, PV credit and Parole supervision credit do apply to an offender’s Maximum Expiration Date

– Time Spent out of Custody after sentencing must be added to an offenders original maximum expiration date (e.g., time on shock probation)

Basic Sentence Calculations

Maximum Expiration Date:The Maximum Expiration Date is calculated by added the offender’s Total Sentence Length to their Sentence Start date, adding any time out of custody and then subtracting any applicable credit

2010-12-31 (Sentence Start date)0005-00-00 (+ Total Sentence Length)2015-12-31 0001-00-00 (+ Time on Shock Probation)2016-12-310000-03-01 (- Jail Credit, etc.)2016-09-30 = Maximum Expiration Date

Basic Sentence Calculations

Minimum Expiration Date:

An offender’s minimum expiration date represents the date when they will have served enough time to satisfy their sentence after the application of all good time credits.

Basic Sentence Calculations

Minimum Expiration Date:The Minimum Expiration date is calculated by subtracting all good time credits from the offender’s Maximum Expiration Date

2016-09-30 (Maximum Expiration Date)0001-03-00 (- Statutory Good Time)2015-06-300000-04-13 (- Meritorious Good Time)2015-02-17 = Minimum Expiration date

Basic Sentence Calculations

As more actions occur which affect an inmate’s sentence the method of calculation remains the same with a few more intermediate credits and debits. A more complex sentence calculation may look something like this:

Basic Sentence Calculations

2009-01-01 (Sentence Start Date)0007-00-00 (+ Total Sentence Length)2016-01-010001-00-00 (+ Time on Shock Prob.)2017-01-010001-06-00 (+ Time on Parole)2018-07-010000-02-04 (- Jail Credit)2018-04-270000-05-11 (- Credit for Time Served)2017-11-160001-05-00 (- Parole Supv Credit)2016-06-160000-01-00 (- PV Custody Credit)2015-05-16 = Max Expiration date

0001-09-00 (- Statutory Good Time)2013-08-160000-04-13 (- Meritorious Good Time)2013-04-030000-01-07 (- Work For Time Credit)2013-02-260000-06-00 (- Program Credit/EGT)2012-08-260001-00-00 (+ Good Time Loss)2013-08-260000-06-00 (- Good Time Restoration)2013-02-26 = Minimum Expiration Date 

• Violent offender status is determined based on the Date the crime was committed

• Not Eligible for Statutory Good Time• All Violent Offenders Must serve at least eighty-five (85%) of their sentence before they can serve out• Capital, Class A and Class B violent offenders

must serve eighty five percent of their sentence before being considered for parole

Violent Offenders

• Sex Offender Status is determined based on the offenders conviction date

• Not Eligible for any form of good time credit until after successful completion of the sex offender treatment program

Sex Offenders

Methods of Release – Shock Probation– Parole– Mandatory Reentry Supervision– Postincarceration Supervision– Minimum Expiration of Sentence– Administrative Release

Shock Probation

• Eligibility Requirements:– Must not be serving on a Violent offense– Must not be serving on Rape 2nd Degree,

Sodomy 2nd Degree, Incest, Unlawful Transaction with a Minor 1st Degree or Use of a minor in a sexual performance

– Other Sex Crime Convictions may be eligible following a Comprehensive Sex Offender Evaluation

Shock Probation

• Shock probation falls under the sole discretion of the sentencing court

• Release followed by a period of supervision

• May be revoked or modified if conditions of supervision are violated

• If revoked, credit is not awarded for time on supervision

Parole

• Eligibility Requirements:– Class D Felons may be eligible after serving 15% of

their sentence– Must be convicted of Class D felonies only– Must not be convicted of a violent crime– Must have a total sentence of five years or less– Other Non Violent and Non-Sexual offenses are

eligible after serving 20% of their total sentence

Parole

• Eligibility Requirements:– Violent Offenses

•Must have served at least 85% of the sentence for the violent offense

– Sexual Offenses•Must Complete the Sex Offender Treatment

program prior to parole consideration

Parole• Falls under the sole discretion of Kentucky Parole Board• Possible Parole Board Actions:

– Parole – Parole Upon Completion of Reentry / Treatment Program– Deferment– Serve Out

• Release followed by a period of supervision • May be revoked or modified if conditions of supervision

are violated• If revoked, credit may awarded for time on supervision

Parole

• Parole Violators are eligible for Parole Supervision Credit except when – Returned for receiving a new felony conviction– Returned for absconding from parole supervision

• time spent on parole prior to absconding shall count as part of the prisoner's sentence

– Returned to prison as a parole violator and has a restitution arrearage.

• Any credit withheld pursuant to this subsection shall be reinstated when the arrearage is paid in full

– Serving on a violent crime – Registered as a sex offender

Mandatory Reentry Supervision

• Enacted by General assembly as art of the Public Safety and Offender Accountability Act

• Effective January 1, 2012• A six month period of supervision for qualified

offenders• Must be granted six months prior to an

inmates minimum expiration date

Mandatory Reentry Supervision

Eligibility Requirements:– Cannot be serving on a Class A felony or Capital offense– Cannot be required to complete any form of

Postincarceration Supervision– Must have a total sentence greater than 2 years– Must not be Classified as Maximum Custody or Close

custody– Must have had at least six months remaining after their

last commitment to DOC custody– Must not have previously been released on Mandatory

Reentry Supervision during their current period of incarceration

Mandatory Reentry Supervision• An offender released on Mandatory Reentry Supervision is

subject to any conditions of supervision set by the parole board

• The period of supervision concludes once the offender reaches their minimum expiration date

• May be returned to custody for a violation of supervision and is subject to revocation by the parole board

• If revoked, the offender may be eligible to receive credit for time on supervision

Sex OffenderPostincarceration Supervision

• Previously Known as Sex Offender Conditional Discharge

• Effective July 15, 1998 • Requires 3 year period of supervision after

completion of an offender’s sentence for crimes committed between July 15, 1998 and July 12, 2006

• Requires 5 year period of supervision after completion of an offender’s sentence for crimes committed on or after July 12, 2006

Sex OffenderPostincarceration Supervision

• Subject to any conditions of supervision set by the parole

board

• Concludes 3 or 5 years from the date the offender is released

• May be returned to custody for a violation of supervision and

is subject to revocation by the parole board

• If revoked the offender must serve the balance of their period

of Postincarceration supervision

Postincarceration Supervision

• Enacted by General assembly as art of the Public Safety and Offender Accountability Act

• Effective June 8, 2011• A 1 year period of supervision after

completion of an offender’s sentence• Required for qualified offenders serving a

sentence for a felony offense committed on or after June 8, 2011

Postincarceration Supervision

Who is required to complete Postincarceration Supervision?

• Any offender Convicted of a Class A felony or a capital offense committed on or after June 8, 2011

• Any offender who is classified as Close Custody or Maximum Custody with at least one conviction for an offense committed on or after June 8, 2011

Minimum Expiration of Sentenceand Administrative Release

• Minimum Expiration of sentence– Occurs when an offender reaches their minimum expiration date

– Released with no further time to serve and not supervision obligation

• Administrative Release– Eligible Offenders are released on the first day of the month of expiration of

their sentence

– Must not have a pending disciplinary violation

– Must not be serving segregation time as a result of a Disciplinary violation

– Must not have any good time loss that has not been restored

– If housed in a county jail, must not have had the equivalent of a category III or

above disciplinary violation is preceding 6 months