{"data":{"id":"us-ky/krs-532.120","jurisdiction":"us-ky","citation":"KRS 532.120","heading":"Calculation of terms of imprisonment -- Inmate's right to challenge","body":"Department of Corrections.\n(1) An indeterminate sentence of imprisonment commences when the prisoner is\nreceived in an institution under the jurisdiction of the Department of Correc tions.\nWhen a person is under more than one (1) indeterminate sentence, the sentences\nshall be calculated as follows:\n(a) If the sentences run concurrently, the maximum terms merge in and are\nsatisfied by discharge of the term which has the longest unexpired time to run;\nor\n(b) If the sentences run consecutively, the maximum terms are added to arrive at\nan aggregate maximum term equal to the sum of all the maximum terms.\n(2) A definite sentence of imprisonment commences when the prisoner is received in\nthe institution named in the commitment. When a person is under more than one (1)\ndefinite sentence, the sentences shall be calculated as follows:\n(a) If the sentences run concurrently, the terms merge in and are satisfied by\ndischarge of the term which has the longest unexpired time to run; or\n(b) If the sentences run consecutively, the terms are added to arrive at an\naggregate term and are satisfied by discharge of the aggregate term.\n(3) Time spent in custody prior to the commencement of a sentence as a resu lt of the\ncharge that culminated in the sentence shall be credited by the Department of\nCorrections toward service of the maximum term of imprisonment in cases\ninvolving a felony sentence and by the sentencing court in all other cases. If the\nsentence is t o an indeterminate term of imprisonment, the time spent in custody\nprior to the commencement of the sentence shall be considered for all purposes as\ntime served in prison.\n(4) If a person has been in custody due to a charge that culminated in a dismissal,\nacquittal, or other disposition not amounting to a conviction, the amount of time\nthat would have been credited under subsection (3) of this section if the defendant\nhad been convicted of that charge shall be credited as provided in subsection (3) of\nthis section against any sentence based on a charge for which a warrant or\ncommitment was lodged during the pendency of that custody.\n(5) If a person serving a sentence of imprisonment escapes from custody, the escape\nshall interrupt the sentence. The interrupt ion shall continue until the person is\nreturned to the institution from which he escaped or to an institution administered\nby the Department of Corrections. Time spent in actual custody prior to return under\nthis subsection shall be credited against the se ntence if custody rested solely on an\narrest or surrender for the escape itself.\n(6) As used in subsections (3) and (4) of this section, time spent in custody shall\ninclude time spent in the intensive secured substance abuse recovery program\ndeveloped under KRS 196.285 and may include, at the discretion of the sentencing\ncourt, time spent in a different residential substance abuse treatment or recovery\nfacility pursuant to KRS 431.518 or 533.251, if under each option allowed by this\nsubsection, the person h as successfully completed the program offered by the\nintensive secured substance abuse recovery program or the residential substance\nabuse treatment or recovery facility. If the defendant fails to complete a program,\nthe court may still award full or partial sentence credit if the defendant demonstrates\nthat good cause existed for the failure to complete the program.\n(7) As used in subsections (3) and (4) of this section, time spent in custody shall\ninclude time spent in pretrial home incarceration pursuant  to KRS 431.517, subject\nto the conditions imposed by KRS 532.245.\n(8) In lieu of an award by the Department of Corrections in felony cases, if a\npresentence report indicates that a defendant has accumulated sufficient sentencing\ncredits under this section  to allow for an immediate discharge from confinement\nupon pronouncement of sentence, the court may confirm the amount of the credit\nand award the credit at pronouncement.\n(9) An inmate may challenge a failure of the Department of Corrections to award a\nsentencing credit under this section or the amount of credit awarded by motion\nmade in the sentencing court no later than thirty (30) days after the inmate has\nexhausted his or her administrative remedies.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40926","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"25538409016daa8b1afb42f8a97dbe3d4499cce0f3263f56fc49b83363d6a085","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.115","next":"us-ky/krs-532.130"},"notice":"GroundRules: Original legal text. Not legal advice."}