Kan. Admin. Regs. § 44-6-135

Current through Register Vol. 43, No. 49, December 5, 2024

Section 44-6-135 - Prior penal credit

(a) Prior penal credit shall be computed and applied by department of corrections' personnel.

(b) To compute prior penal credit for court releases, the effective date of the sentence shall be subtracted from the date of the final disposition of the court by release on probation, appeal bond, or vacating of the sentence. Pre-sentence evaluation time spent at the Topeka correctional facility or any other facility designated by the secretary of corrections shall not be considered as prior penal credit, but shall be considered jail credit.

(c) To compute prior penal credit for an aggregate sentence, the sentence begins date of the earlier, controlling minimum sentence date shall be subtracted from the release date and applied as follows:

(1) The actual time incarcerated, not exceeding an amount equal to the previous minimum sentence less the maximum amount of good time credit that could have been earned under the law in effect at the time, shall be the prior penal credit available.

(2) The prior penal credit for a mandatory minimum sentence imposed prior to July 1, 1982 shall be restricted to a total credit equal to the actual time served prior to July 1, 1982, and the remaining minimum time to serve less all good time credits which could have been earned after July 1, 1982.

(3) The prior penal credit for a life sentence shall not exceed 15 years or the aggregated 15 years. The remainder of the credit shall be credited as maximum sentence credit.

(4) Accelerated parole eligibility dates under K.S.A. 1988 Supp. 22-3725 shall be credited to May 19, 1988 if the accelerated date was prior to the effective parole eligibility date under that statute.

(5) Accelerated parole eligibility dates under K.S.A. 1989 Supp. 22-3725 shall be credited to August 1, 1989 if the accelerated parole eligibility date was prior to the effective date of that statute.

(6) Parole eligibilities between July 1974 and January 1979, which were established at the discretion of the secretary of corrections upon attainment of the lowest minimum custody status, shall be credited with the actual time served from the sentence begins date of the earlier controlling minimum sentence. This credit shall not exceed the maximum amount of good time credits provided by K.A.R. 44-6-116 that could have been earned on the minimum sentence.

(d) Computations of prior penal credit shall be subject to the provisions of K.A.R. 44-6-134, 44-6-136, 44-6-137, and 44-6-138.

Kan. Admin. Regs. § 44-6-135

Authorized by K.S.A. 1990 Supp. 75-5210, 75-5251; implementing K.S.A. 1990 Supp. 21-4608, K.S.A. 22-3427; K.S.A. 1990 Supp. 22-3717, as amended by L. 1991, ch. 94, § 1; K.S.A. 1990 Supp. 75-5210, 75-5251; effective, T-84-32, Nov. 23, 1983; amended May 1, 1984; amended Nov. 12, 1990; amended Sept. 30, 1991; amended April 6, 1992.