KRS 532.120: Calculation of terms of imprisonment -- Inmate's right to challenge

Department of Corrections.

(1) An indeterminate sentence of imprisonment commences when the prisoner is

received in an institution under the jurisdiction of the Department of Correc tions.

When a person is under more than one (1) indeterminate sentence, the sentences

shall be calculated as follows:

(a) If the sentences run concurrently, the maximum terms merge in and are

satisfied by discharge of the term which has the longest unexpired time to run;

or

(b) If the sentences run consecutively, the maximum terms are added to arrive at

an aggregate maximum term equal to the sum of all the maximum terms.

(2) A definite sentence of imprisonment commences when the prisoner is received in

the institution named in the commitment. When a person is under more than one (1)

definite sentence, the sentences shall be calculated as follows:

(a) If the sentences run concurrently, the terms merge in and are satisfied by

discharge of the term which has the longest unexpired time to run; or

(b) If the sentences run consecutively, the terms are added to arrive at an

aggregate term and are satisfied by discharge of the aggregate term.

(3) Time spent in custody prior to the commencement of a sentence as a resu lt of the

charge that culminated in the sentence shall be credited by the Department of

Corrections toward service of the maximum term of imprisonment in cases

involving a felony sentence and by the sentencing court in all other cases. If the

sentence is t o an indeterminate term of imprisonment, the time spent in custody

prior to the commencement of the sentence shall be considered for all purposes as

time served in prison.

(4) If a person has been in custody due to a charge that culminated in a dismissal,

acquittal, or other disposition not amounting to a conviction, the amount of time

that would have been credited under subsection (3) of this section if the defendant

had been convicted of that charge shall be credited as provided in subsection (3) of

this section against any sentence based on a charge for which a warrant or

commitment was lodged during the pendency of that custody.

(5) If a person serving a sentence of imprisonment escapes from custody, the escape

shall interrupt the sentence. The interrupt ion shall continue until the person is

returned to the institution from which he escaped or to an institution administered

by the Department of Corrections. Time spent in actual custody prior to return under

this subsection shall be credited against the se ntence if custody rested solely on an

arrest or surrender for the escape itself.

(6) As used in subsections (3) and (4) of this section, time spent in custody shall

include time spent in the intensive secured substance abuse recovery program

developed under KRS 196.285 and may include, at the discretion of the sentencing

court, time spent in a different residential substance abuse treatment or recovery

facility pursuant to KRS 431.518 or 533.251, if under each option allowed by this

subsection, the person h as successfully completed the program offered by the

intensive secured substance abuse recovery program or the residential substance

abuse treatment or recovery facility. If the defendant fails to complete a program,

the court may still award full or partial sentence credit if the defendant demonstrates

that good cause existed for the failure to complete the program.

(7) As used in subsections (3) and (4) of this section, time spent in custody shall

include time spent in pretrial home incarceration pursuant to KRS 431.517, subject

to the conditions imposed by KRS 532.245.

(8) In lieu of an award by the Department of Corrections in felony cases, if a

presentence report indicates that a defendant has accumulated sufficient sentencing

credits under this section to allow for an immediate discharge from confinement

upon pronouncement of sentence, the court may confirm the amount of the credit

and award the credit at pronouncement.

(9) An inmate may challenge a failure of the Department of Corrections to award a

sentencing credit under this section or the amount of credit awarded by motion

made in the sentencing court no later than thirty (30) days after the inmate has

exhausted his or her administrative remedies.