Sentence Credits and
Inmate Release
Ashley Sullivan, Branch Manager
Offender Information Services
Sentence Credits and Inmate Release
•Types of Sentence Credit
•Basic Sentence Calculations
•Methods of Inmate Release
Jail credit/Credit For Time Served/Parole
Violator Custody Credit
• Day for Day credit awarded for time spent in
custody
• Meritorious good time may be awarded for
these types of credit
Statutory Good Time
• Awarded in the amount of ten (10) days for each
month served
– which is equivalent to three (3) months per year, or (1/4)
of an offender sentence
• Awarded when an inmates sentence is initially
calculated
• May be forfeited as a result of disciplinary action
• Losses may be restorable or non-restorable
Meritorious Good Time
• Awarded in the amount of 7 days for each full calendar
month
• Awarded monthly based on conduct/eligibility during
the previous month
• May be forfeited after all statutory good time has been
exhausted
• Once forfeited, Meritorious Good Time cannot be
restored
Program Credit/Educational Good Time
• Awarded in the amount of 90 days for each
program/educational achievement completed on
or after April 15, 2008
• Awarded in the amount of 60 days for education
achievement prior to April 15, 2008
• No credit may be awarded for programs
completed before April 15, 2008
Extraordinary Meritorious good Time
• Credit may only be awarded at the discretion of
the commissioner for acts of an extraordinary
nature
• Amount of Award is determined by the
commissioner but cannot exceed 7 days for each
month served
Work For Time Credit
• Eligible inmates are awarded one day of
credit for every 40 hours worked
• Credit is Applied monthly
• Credit may be forfeited if specified by
adjustment committed after all Statutory
Good Time and Meritorious Good Time have
been forfeited
• Once Forfeited, work for time credit cannot
be restored
Parole Compliance Credit
•Effective June 8, 2011
•Equivalent of sentence credits for Inmates
–
–
–
–
Monthly Compliance Credit
Educational / Program Credit
Extraordinary Meritorious Good Time
Parolee Work for Time Credit
•Offenders on Parole and Mandatory Reentry
Supervision are eligible
Basic Sentence Calculations
Sentence Start Date:
– First date an inmate is committed to DOC custody for a given
period of incarceration
– Typically Date of Final Sentencing or Probation
Revocation
– Offenders May be Permitted to report to jail on a later
Date
– Date received by DOC when offenders are sentenced
while out of state
Basic Sentence Calculations
Total Sentence Length:
Under Kentucky Law all sentence calculations are based on an
aggregate sentence
– For Concurrent sentences all sentences are satisfied by
service of the longest sentence
– For Consecutive Sentences the individual sentences are
added to form one total sentence, and all sentences are
satisfied by service of that total sentence
Basic Sentence Calculations
Maximum Expiration Date:
An offender’s Maximum Expiration date represents the date
when an offender will have served their entire sentence
without the benefit of good time
– Jail Credit, Credit for Time Served, PV credit and Parole
supervision credit do apply to an offender’s Maximum
Expiration Date
– Time Spent out of Custody after sentencing must be
added to an offenders original maximum expiration date
(e.g., time on shock probation)
Basic Sentence Calculations
Maximum Expiration Date:
The Maximum Expiration Date is calculated by added the offender’s
Total Sentence Length to their Sentence Start date, adding any time
out of custody and then subtracting any applicable credit
2010-12-31 (Sentence Start date)
0005-00-00 (+ Total Sentence Length)
2015-12-31
0001-00-00 (+ Time on Shock Probation)
2016-12-31
0000-03-01 (- Jail Credit, etc.)
2016-09-30 = Maximum Expiration Date
Basic Sentence Calculations
Minimum Expiration Date:
An offender’s minimum expiration date represents the
date when they will have served enough time to satisfy
their sentence after the application of all good time
credits.
Basic Sentence Calculations
Minimum Expiration Date:
The Minimum Expiration date is calculated by subtracting
all good time credits from the offender’s Maximum
Expiration Date
2016-09-30 (Maximum Expiration Date)
0001-03-00 (- Statutory Good Time)
2015-06-30
0000-04-13 (- Meritorious Good Time)
2015-02-17 = Minimum Expiration date
Basic Sentence Calculations
As more actions occur which affect an inmate’s sentence the method of calculation
remains the same with a few more intermediate credits and debits. A more
complex sentence calculation may look something like this:
2009-01-01 (Sentence Start Date)
0007-00-00 (+ Total Sentence Length)
2016-01-01
0001-00-00 (+ Time on Shock Prob.)
2017-01-01
0001-06-00 (+ Time on Parole)
2018-07-01
0000-02-04 (- Jail Credit)
2018-04-27
0000-05-11 (- Credit for Time Served)
2017-11-16
0001-05-00 (- Parole Supv Credit)
2016-06-16
0000-01-00 (- PV Custody Credit)
2015-05-16 = Max Expiration date
0001-09-00 (- Statutory Good Time)
2013-08-16
0000-04-13 (- Meritorious Good Time)
2013-04-03
0000-01-07 (- Work For Time Credit)
2013-02-26
0000-06-00 (- Program Credit/EGT)
2012-08-26
0001-00-00 (+ Good Time Loss)
2013-08-26
0000-06-00 (- Good Time Restoration)
2013-02-26 = Minimum Expiration Date
Violent Offenders
• Violent offender status is determined based
on the Date the crime was committed
• Not Eligible for Statutory Good Time
• All Violent Offenders Must serve at least
eighty-five (85%) of their sentence before
they can serve out
• Capital, Class A and Class B violent offenders
must serve eighty five percent of their
sentence before being considered for parole
Sex Offenders
• Sex Offender Status is determined based
on the offenders conviction date
• Not Eligible for any form of good time
credit until after successful completion
of the sex offender treatment program
Methods of Release
– Shock Probation
– Parole
– Mandatory Reentry Supervision
– Postincarceration Supervision
– Minimum Expiration of Sentence
– Administrative Release
Shock Probation
• Eligibility Requirements:
– Must not be serving on a Violent offense
– Must not be serving on Rape 2nd Degree,
Sodomy 2nd Degree, Incest, Unlawful
Transaction with a Minor 1st Degree or Use of
a minor in a sexual performance
– Other Sex Crime Convictions may be eligible
following a Comprehensive Sex Offender
Evaluation
Shock Probation
• Shock probation falls under the sole
discretion of the sentencing court
• Release followed by a period of
supervision
• May be revoked or modified if conditions
of supervision are violated
• If revoked, credit is not awarded for time
on supervision
Parole
• Eligibility Requirements:
– Class D Felons may be eligible after serving 15% of
their sentence
– Must be convicted of Class D felonies only
– Must not be convicted of a violent crime
– Must have a total sentence of five years or less
– Other Non Violent and Non-Sexual offenses are
eligible after serving 20% of their total sentence
Parole
• Eligibility Requirements:
– Violent Offenses
• Must have served at least 85% of the
sentence for the violent offense
– Sexual Offenses
• Must Complete the Sex Offender Treatment
program prior to parole consideration
Parole
• Falls under the sole discretion of Kentucky Parole Board
• Possible Parole Board Actions:
–
–
–
–
Parole
Parole Upon Completion of Reentry / Treatment Program
Deferment
Serve Out
• Release followed by a period of supervision
• May be revoked or modified if conditions of supervision
are violated
• If revoked, credit may awarded for time on supervision
Parole
• Parole Violators are eligible for Parole
Supervision Credit except when
– Returned for receiving a new felony conviction
– Returned for absconding from parole supervision
• time spent on parole prior to absconding shall count as part of the
prisoner's sentence
– Returned to prison as a parole violator and has a
restitution arrearage.
• Any credit withheld pursuant to this subsection shall be reinstated
when the arrearage is paid in full
– Serving on a violent crime
– Registered as a sex offender
Mandatory Reentry Supervision
• Enacted by General assembly as art of the
Public Safety and Offender Accountability Act
• Effective January 1, 2012
• A six month period of supervision for qualified
offenders
• Must be granted six months prior to an
inmates minimum expiration date
Mandatory Reentry Supervision
Eligibility Requirements:
– Cannot be serving on a Class A felony or Capital offense
– Cannot be required to complete any form of
Postincarceration Supervision
– Must have a total sentence greater than 2 years
– Must not be Classified as Maximum Custody or Close
custody
– Must have had at least six months remaining after their
last commitment to DOC custody
– Must not have previously been released on Mandatory
Reentry Supervision during their current period of
incarceration
Mandatory Reentry Supervision
• An offender released on Mandatory Reentry Supervision is
subject to any conditions of supervision set by the parole
board
• The period of supervision concludes once the offender
reaches their minimum expiration date
• May be returned to custody for a violation of supervision and
is subject to revocation by the parole board
• If revoked, the offender may be eligible to receive credit for
time on supervision
Sex Offender
Postincarceration Supervision
• Previously Known as Sex Offender Conditional
Discharge
• Effective July 15, 1998
• Requires 3 year period of supervision after
completion of an offender’s sentence for crimes
committed between July 15, 1998 and July 12, 2006
• Requires 5 year period of supervision after
completion of an offender’s sentence for crimes
committed on or after July 12, 2006
Sex Offender
Postincarceration Supervision
• Subject to any conditions of supervision set by the parole
board
• Concludes 3 or 5 years from the date the offender is released
• May be returned to custody for a violation of supervision and
is subject to revocation by the parole board
• If revoked the offender must serve the balance of their period
of Postincarceration supervision
Postincarceration Supervision
• Enacted by General assembly as art of the
Public Safety and Offender Accountability Act
• Effective June 8, 2011
• A 1 year period of supervision after
completion of an offender’s sentence
• Required for qualified offenders serving a
sentence for a felony offense committed on or
after June 8, 2011
Postincarceration Supervision
Who is required to complete
Postincarceration Supervision?
• Any offender Convicted of a Class A felony or a
capital offense committed on or after June 8, 2011
• Any offender who is classified as Close Custody or
Maximum Custody with at least one conviction for
an offense committed on or after June 8, 2011
Minimum Expiration of Sentence
and Administrative Release
• Minimum Expiration of sentence
– Occurs when an offender reaches their minimum expiration date
– Released with no further time to serve and not supervision obligation
• Administrative Release
– Eligible Offenders are released on the first day of the month of expiration of
their sentence
– Must not have a pending disciplinary violation
– Must not be serving segregation time as a result of a Disciplinary violation
– Must not have any good time loss that has not been restored
– If housed in a county jail, must not have had the equivalent of a category III or
above disciplinary violation is preceding 6 months