Kan. Admin. Regs. § 123-6-103

Current through Register Vol. 43, No. 46, November 14, 2024

Section 123-6-103 - Awarding and withholding good time credits for confined offenders

(a) At each offender's initial program plan meeting, 100% of the good time credits available from the sentence begins date to the date of the initial good time award shall be awarded, unless there is written documentation of misbehavior and maladjustment before the date of the initial award, which may result in withholding up to 100% of the good time credits available for that period.

(b) Following the initial award, good time credits may be awarded at each program review from credits available since the previous program review. A program review shall occur every week.

(c) The following factors shall be considered in determining whether or not an offender is awarded good time credits:

(1) The offender's participation and performance in an education program;

(2) the offender's performance in work participation;

(3) the offender's participation and performance in a treatment program;

(4) the offender's participation and performance in a vocational program;

(5) the offender's disciplinary record; and

(6) any other factors related to the offender's general adjustment, performance, behavior, attitude, and overall demonstration of the offender's willingness to examine and confront the past behavior patterns that resulted in the commission of the offender's offense.

(d) If an offender refuses to work constructively or participate in assigned programs, up to 100% of the good time credits available for the program review period may be withheld, unless the facility's health authority determines that the offender is physically or mentally incapable of working or participating in a particular program or detail.

(e) If an offender fails to cooperate in the development of a release plan, the good time credits available for award during the 60-day period immediately before the offender's projected or scheduled release date may be withheld.

(f) The award of good time credits shall be withheld on the basis of an offender's disciplinary record in the following manner:

(1) If a facility's disciplinary hearing officer finds the offender guilty of a class I disciplinary offense, up to seven good time credits available for that program review period may be withheld.

(2) If a facility's disciplinary hearing officer finds the offender guilty of a class II disciplinary offense, up to three good time credits available for the program review period may be withheld. For purposes of this paragraph, a summary disciplinary judgment pursuant to K.A.R. 123-13-201b shall not be considered a guilty finding.

(3) If a facility's disciplinary hearing officer finds the offender guilty of a class III disciplinary offense, one good time credit available for that program review period may be withheld. For purposes of this paragraph, a summary disciplinary judgment pursuant to K.A.R. 123-13-201b shall not be considered a guilty finding.

(4) If a facility's disciplinary hearing officer finds the offender guilty of multiple disciplinary violations within a single disciplinary report, only the most serious violation shall be used in determining the number of good time credits to be withheld.

(g) The number of good time credits withheld during each program review period shall be cumulative but shall not exceed 100% of the number of good time credits available for that program review period.

(h) Good time credits forfeited as a result of a penalty imposed by a facility's disciplinary hearing officer and upheld on appeal shall not be restored to an offender.

(i) If the entire allocation of good time credits is not awarded at a program review, no part of that allocation shall be awarded at a later date.

(j) If a disciplinary offense is appealed pursuant to article 13 of these regulations and reversed, the period in which the offense occurred shall be reviewed again without reference to the reversed disciplinary offense.

Kan. Admin. Regs. § 123-6-103

Authorized by K.S.A. 38-16,130 and K.S.A. 2005 Supp. 75-7024; implementing K.S.A. 38-16,130; effective Dec. 1, 2006.