Chapter 21: Crimes And Punishments

PART III.--CLASSIFICATION OF CRIMES AND SENTENCING

Article 47: Sentencing Guidelines

Statute 21-4722: Good time and program credits; calculation; forfeiture; rules and regulations of secretary. (a) For purposes of determining release of an inmate, the following shall apply with regard to good time calculations:

      (1)   A system shall be developed whereby good behavior by inmates is the expected norm and negative behavior will be punished; and

      (2)   the amount of good time which can be earned by an inmate and subtracted from any sentence is limited to: (A) For a crime committed on or after July 1, 1993, an amount equal to 15% of the prison part of the sentence; or (B) for a drug severity level 3 or 4 or a nondrug severity level 7 through 10 crime 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 from the prison part of the sentence of any inmate pursuant to good time calculation shall be added to such inmate's postrelease supervision obligation.

      (c)   The secretary of corrections is hereby authorized to adopt rules and regulations to carry out the provisions of this section regarding good time calculations. Such rules and regulations shall provide circumstances upon which an inmate may earn good time credits and for the forfeiture of earned credits and such circumstances may include factors substantially related to program and work participation and conduct and the inmate's willingness to examine and confront the past behavior patterns that resulted in the commission of the inmate's crimes.

      (d)   An inmate shall not be awarded good time credits pursuant to this section for any review period established by the secretary of corrections in which a court finds that the inmate has done any of the following while in the custody 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 delay or harassment;

      (3)   testified falsely or otherwise submitted false evidence or information to 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 who is serving only a sentence for a nondrug severity level 4 through 10 crime or a drug severity level 3 or 4 crime committed on or after January 1, 2008, in addition to any good time credits earned and retained, the following shall apply with regard to program credit calculations:

      (A)   A system shall be developed whereby program credits may be earned by inmates for the successful completion of a general education diploma, a technical or vocational training program, a substance abuse treatment program or any other program designated by the secretary which has been shown to reduce offender's risk after release; and

      (B)   the amount of time which can be earned and retained by an inmate for the successful completion of programs and subtracted from any sentence is limited to not more than 60 days.

      (2)   Any time which is earned and subtracted from the prison part of the sentence of any inmate pursuant to program credit calculation shall be added to such inmate's postrelease supervision obligation, if applicable.

      (3)   When separate sentences of imprisonment for different crimes are imposed on a defendant on the same date, a defendant shall only be eligible for program credits if such crimes are a nondrug severity level 4 through 10 or a drug severity level 3 or 4.

      (4)   Program credits shall not be earned by any offender successfully completing a sex offender treatment program.

      (5)   The secretary of corrections is hereby authorized to adopt rules and regulations to carry out the provisions of this subsection regarding program credit calculations. Such rules and regulations shall provide circumstances upon which an inmate may earn program credits and for the forfeiture of earned credits and such circumstances may include factors substantially related to program participation and conduct.

      (6)   The secretary of corrections shall report to the Kansas sentencing commission and the Kansas reentry policy council the data on the program credit calculations.

      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.