Opinion
NO. 2011-CA-001676-MR
02-01-2013
KEATH BRAMBLETT APPELLANT v. COMMISSIONER LADONNA THOMPSON, KENTUCKY DEPARTMENT OF CORRECTIONS APPELLEE
BRIEF FOR APPELLANT: Keath Bramblett, pro se LaGrange, Kentucky BRIEF FOR APPELLEE: Brenn O. Combs Department of Corrections Frankfort, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM FRANKLIN CIRCUIT COURT
HONORABLE PHILLIP J. SHEPHERD, JUDGE
ACTION NO. 08-CI-01843
OPINION
AFFIRMING
BEFORE: NICKELL, TAYLOR, AND VANMETER, JUDGES. TAYLOR, JUDGE: Keath Bramblett brings this appeal from an order entered April 9, 2010, by the Franklin Circuit Court that denied his Petition for Declaration of Rights. We affirm.
At all times relevant to this appeal, Bramblett was an inmate at Luther Luckett Correctional Complex (LLCC). Bramblett argues on appeal that pursuant to Kentucky Revised Statutes (KRS) 197.045(1)(a)(3), he is entitled to good-time credit for participation in Alcoholics Anonymous (AA). However, because this statutory provision for good-time credit was a substantive change in the law and otherwise was not in effect at the time of his participation in the AA program in 2006, we believe the circuit court properly dismissed this action.
Our review is focused on KRS 197.045(1)(a)(3). The construction and application of a statute is a question of law subject to de novo review. Bob Hook Chevrolet Isuzu, Inc. v. Com. Transp. Cabinet, 983 S.W.2d 488 (Ky. 1998).
Bramblett commendably participated in the AA program for two years and received a certificate for his participation in August of 2006. As a result, he avers he is entitled to ninety days of good-time credit pursuant to KRS 197.045(1)(a)(3). The statute provides that good-time credit shall be awarded for "successfully completing a drug treatment program or other program as defined by the department that requires participation for a minimum of six months, in the amount of ninety (90) days for each program completed." KRS 197.045(1)(a)(3).
However, KRS 197.045(1) was amended in 2010 to enact the express substantive provisions found in Section (1)(a)(3), regarding the award of good-time credit for completion of a drug treatment program. 2010 Ky. Acts ch. 107 § 1. Those provisions were not part of the statute prior to 2010 and were specifically added as a new program or vested right for inmates to obtain treatment while receiving good-time credit for their participation in the program. Again, this program was not in effect in 2006.
The issue thus looks to whether the amended statute can be applied retroactively. "Kentucky law prohibits the amended version of a statute from being applied retroactively to events which occurred prior to the effective date of the amendment unless the amendment expressly provides for retroactive application." Com., Dept. of Revenue v. Vinson, 30 S.W.3d 162, 168 (Ky. 2000). As concerns Bramblett's claim, the statute does not provide for retroactive application.
Keath Bramblett argues in his brief that "House Bill 406," presumably included as part of the 2008 House budget bill, amended Kentucky Revised Statutes 197.045(1) to permit the credit for completion of a drug treatment program. Our review of the statutes and legislative history does not reflect that this amendment was actually passed by the General Assembly in 2008 or was otherwise enacted into law. Even if the law had been enacted in 2008, it would still face the same retroactive limitations as the 2010 amendment, given Bramblett completed the Alcoholics Anonymous program in 2006.
Accordingly, the statute cannot be applied to award good-time credit to Bramblett for activities occurring before the enactment date. Even if this court could apply the statute in this case, the Department of Corrections has discretion to define what treatment programs qualify for credit. See KRS 197.045 (1)(a)(3). There is nothing in the record of this case to support any allegation that the Department of Corrections abused its discretion. Thus, the circuit court properly dismissed Bramblett's motion for declaration of rights.
For the foregoing reasons, the order of the Franklin Circuit Court dismissing Bramblett's petition is affirmed.
ALL CONCUR. BRIEF FOR APPELLANT: Keath Bramblett, pro se
LaGrange, Kentucky
BRIEF FOR APPELLEE: Brenn O. Combs
Department of Corrections
Frankfort, Kentucky