21-4722. Good time and program credits; calculation; forfeiture; rules and regulations of secretary.
21-4722
21-4722. Good time and program credits; calculation;forfeiture; rules and regulationsof secretary.(a) For purposes of determining release of an inmate, the following shallapply with regard to good time calculations:
(1) A system shall be developed whereby good behavior by inmates is theexpected norm and negative behavior will be punished; and
(2) the amount of good time which can be earned by an inmate andsubtractedfrom any sentence is limited to: (A) For a crime committed on or after July1, 1993, an amount equal to 15% of the prison part of the sentence; or(B) for adrugseverity level 3 or 4 or a nondrug severity level 7 through 10crime committed on or after January 1, 2008, an amount equal to 20%of the prison part of the sentence.
(b) Any time which is earned and subtracted fromthe prison part of the sentence ofany inmatepursuant to good time calculation shall be added to such inmate's postreleasesupervision obligation.
(c) The secretary of corrections is hereby authorized to adopt rules andregulations to carry out the provisions of this sectionregarding good timecalculations. Such rules and regulations shall provide circumstances uponwhich an inmate may earn good time credits and for the forfeiture of earnedcredits and suchcircumstances may include factors substantially related to program and workparticipation and conduct and the inmate'swillingness toexamine and confront the past behavior patterns that resulted in the commissionof the inmate's crimes.
(d) An inmate shall not be awarded good time credits pursuant to thissection for any review period established by the secretary of corrections inwhich a court finds that the inmate has done any of the following while in thecustody of the secretary of corrections:
(1) Filed a false or malicious action or claim with the court;
(2) brought an action or claim with the court solely or primarily for delayor harassment;
(3) testified falsely or otherwise submitted false evidence or informationto the court;
(4) attempted to create or obtain a false affidavit, testimony or evidence;or
(5) abused the discovery process in any judicial action or proceeding.
(e) (1) For purposes of determining release of an inmate whois serving only a sentence for a nondrug severity level 4 through 10 crime or adrugseverity level 3 or 4 crime committed on or afterJanuary 1, 2008, in addition to any good time credits earned and retained, thefollowing shall apply with regard to program credit calculations:
(A) A system shall be developed whereby program credits may be earned byinmates for the successful completion of a general education diploma, atechnicalor vocational training program, a substance abuse treatment program or anyother program designated by the secretary which has been shown to reduceoffender's risk after release; and
(B) the amount of time which can be earned and retained by an inmate for thesuccessful completion of programs and subtracted fromany sentence is limited to not more than 60 days.
(2) Any time which is earned and subtracted from the prison part of thesentence of any inmate pursuant to program creditcalculation shall be added tosuch inmate's postrelease supervision obligation, if applicable.
(3) When separate sentences of imprisonment for different crimes are imposedon a defendant on the same date, a defendant shall only be eligible for programcredits if such crimes are a nondrug severity level 4 through 10 or a drugseverity level 3 or 4.
(4) Program credits shall not be earned by any offender successfullycompleting a sex offender treatment program.
(5) The secretary of corrections is hereby authorized to adopt rules andregulations to carry out the provisions of this subsection regarding programcredit calculations. Such rules and regulations shall provide circumstancesupon which an inmate may earn program credits and for the forfeiture of earnedcredits and such circumstances may include factors substantially related toprogram participation and conduct.
(6) The secretary of corrections shall report to the Kansas sentencingcommission and the Kansas reentry policy council the data on the program creditcalculations.
History: L. 1992, ch. 239, § 22;L. 1993, ch. 291, § 267;L. 1995, ch. 121, § 3;L. 1996, ch. 148, § 1;L. 2007, ch. 197, § 3; July 1.