{"data":{"id":"us-ky/krs-197.045","jurisdiction":"us-ky","citation":"KRS 197.045","heading":"Credit on sentence for prior confinement, educational accomplishment,","body":"good behavior, or meritorious service -- Requirement of completion of sex\noffender treatment program for eligible sexual offenders -- Forfeiture of credit\nfor certain dismissal s of inmates' civil actions -- Payments for jails upon\nprisoner completion of department-approved program and sentence credit.\n(1) Any person convicted and sentenced to a state penal institution:\n(a) Shall receive a credit on his or her sentence for:\n1. Prior confinement as specified in KRS 532.120;\n2. Successfully receiving a High School Equivalency Diploma or a high\nschool diploma, a college degree, a completed vocational or technical\neducation program, or a correspondence postsecondary education\nprogram which results in a diploma or degree, as provided, defined, and\napproved by the department in the amount of ninety (90) days per\ndiploma, degree, or technical education program completed;\n3. Successfully completing a drug treatment program, evidence -based\nprogram, or any other promising practice or life skills program approved\nby the department, in the amount of not more than ninety (90) days for\neach program completed. The department shall determine criteria to\nestablish whether a life skills or promisin g practice program is eligible\nfor sentence credits. Programs shall demonstrate learning of skills\nnecessary for reintegration into the community to minimize barriers to\nsuccessful reentry. Approval of programs shall be subject to review by\nthe cabinet; and\n(b) May receive a credit on his or her sentence for:\n1. Good behavior in an amount not exceeding ten (10) days for each month\nserved, to be determined by the department from the conduct of the\nprisoner;\n2. Performing exceptionally meritorious service or performing duties of\noutstanding importance in connection with institutional operations and\nprograms, awarded at the discretion of the commissioner in an amount\nnot to exceed seven (7) days per month; and\n3. Acts of exceptional service during times of emergency, awarded at the\ndiscretion of the commissioner in an amount not to exceed seven (7)\ndays per month.\n(2) Except for a sentencing credit awarded for prior confinement, the department may\nforfeit any sentencing credit awarded under subsection (1) of this section previously\nearned by the prisoner or deny the prisoner the right to earn future sentencing credit\nin any amount if during the term of imprisonment, a prisoner commits any offense\nor violates the rules of the institution.\n(3) When two (2) or more consecutive sentences are to be served, the several sentences\nshall be merged and served in the aggregate for the purposes of the sentencing\ncredit computation or in computing dates of expiration of sentence.\n(4) Until successful completion of the sex offender treatment program, an eligible\nsexual offender may earn sentencing credit. However, the sentencing credit shall\nnot be credited to the eligible sexual offender's sentence. Upon the successful\ncompletion of the sex offender treatment program, as determined by the program\ndirector, the offender shall be eligible for all sentencing credit earned but not\notherwise forfeited under administrative regulations promulgated by the\nDepartment of Corrections. After s uccessful completion of the sex offender\ntreatment program, an eligible sexual offender may continue to earn sentencing\ncredit in the manner provided by administrative regulations promulgated by the\nDepartment of Corrections. Any eligible sexual offender, as defined in KRS\n197.410, who has not successfully completed the sex offender treatment program as\ndetermined by the program director shall not be entitled to the benefit of any credit\non his or her sentence. A sexual offender who does not complete the se x offender\ntreatment program for any reason shall serve his or her entire sentence without\nbenefit of sentencing credit, parole, or other form of early release. The provisions of\nthis section shall not apply to any sexual offender convicted before July 15,  1998,\nor to any sexual offender with an intellectual disability.\n(5) (a) The Department of Corrections shall, by administrative regulation, specify the\nlength of forfeiture of sentencing credit and the ability to earn sentencing\ncredit in the future for those inmates who have civil actions dismissed because\nthe court found the action to be malicious, harassing, or factually frivolous.\n(b) Penalties set by administrative regulation pursuant to this subsection shall be\nas uniform as practicable throughout al l institutions operated by, under\ncontract to, or under the control of the department and shall specify a specific\nnumber of days or months of sentencing credit forfeited as well as any\nprohibition imposed on the future earning of sentencing credit.\n(6) Starting in fiscal year 2021 -2022 and through fiscal year 2023 -2024, if a state\nprisoner is confined in a jail pursuant to KRS 532.100 and earns sentencing credits\nunder subsection (1)(a)2. or 3. of this section while confined in that jail, at the end\nof that prisoner's period of confinement in that jail, the department shall pay a fee to\nthe unit of local government or regional jail authority responsible for the\nadministration of that jail as follows:\n(a) For every Department of Corrections -approved program completed which\nresulted in the issuance of a ninety (90) day sentencing credit, a payment of\none thousand dollars ($1,000) shall be made;\n(b) For every Department of Corrections -approved program completed which\nresulted in the issuance of a sixty (60) day  sentencing credit, a payment of six\nhundred dollars ($600) shall be made; and\n(c) For every Department of Corrections -approved program completed which\nresulted in the issuance of a thirty (30) day sentencing credit, a payment of\nthree hundred dollars ($300) shall be made.\n(7) The provisions in subsection (1)(a)2. of this section shall apply retroactively to July\n1, 2018.","path":["KRS Chapter 197"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50894","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:49Z","sha256":"7af642ad13088d8564a5e3f7fb7c532f30d72fdb8e2e71de237014c781201d40","source_id":"us-ky","stale":false,"prev":"us-ky/krs-197.041","next":"us-ky/krs-197.047"},"notice":"GroundRules: Original legal text. Not legal advice."}