Kansas Administrative Code

Use of force or restraint on in- mates. (a) K.S.A. 21-3215, regarding use of force by a law enforcement officer in making an arrest, shall be applied to correctional officers and parole officers in making arrests, preventing escapes, ap- prehending escapees or parole violators an…

(Authorized by K.S.A. 75-5201, 75-5251, K.S.A. 1979 Supp. 75-5205, 75-5210, 75- 5210(b) and (f), 75-5252; effective May 1, 1980; revoked March 22, 2002.)

(Authorized by and implementing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210, 75- 5210(f), 75-5252; effective May 1, 1980; amended May 1, 1984; revoked March 22, 2002.)

(Authorized by K.S.A. 75-5251, K.S.A. 1979 Supp. 75-5205, 75-5206, 75-5210, 75- 5210(c) and (f), 75-5252; effective May 1, 1980; revoked March 22, 2002.)

(Authorized by and implement- ing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; effective, May 1, 1980; amended May 1, 1981; amended May 1, 1984; amended May 1, 1985; re- voked March 22, 2002.)

Disposition of contraband. (a) Contraband shall be divided into three (3) catego- ries as follows: (1) Items which are contraband because mere possession is illegal in the state of Kansas or the United States. (2) Items, including money, which are made contraband in the prison en…

Clinical services, inmate treat- ment. (a) The principal administrator in cooper- ation with the administrator’s chief physician shall arrange for services to inmates both on an outpa- tient and on a hospital basis, and shall also make proper plans and arrangements for an inmate …

(Authorized by and implement- ing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; effective May 1, 1980; amended May 1, 1981; amended May 1, 1984; amended May 1, 1985; re- voked March 22, 2002.)

(Authorized by and implement- ing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; effective May 1, 1984; revoked March 22, 2002.)

Service fees. (a) Each inmate in the custody of the secretary of corrections shall be assessed a charge of one dollar each payroll period, not to exceed $12.00 per year, as a fee for administration by the facility of the inmate’s trust account. The facility shall be authorized to…

Definitions. (a) For purposes of sentence computation, as used in this article, terms dealing with good time credits shall be de- fined as follows: (1) “Establishment of good time credits” means the creation of that pool of credits that decreases part of the term of actual impris…

(Authorized by K.S.A. 75-5251, K.S.A. 1980 Supp. 75-5205; implementing K.S.A. 1980Supp.22-3717;effectiveMay1,1981;revoked, T-84-32, Nov. 23, 1983; revoked May 1, 1984.)

Authority to interpret court documents. (a) Department of corrections’ staff, authorized by the secretary of corrections, shall have the authority to analyze and interpret the journal entry of judgment, the judgment form, and any other documents from the court to the extent neces…

Application of law on date of crime; statutes repealed still applied. (a)(1) The statutes constituting the substantive law in effect at the time the crime is committed shall apply to compute the sentence term and the re- lease dates. No subsequent change in the statute constituti…

Application of good time cred- its. (a) For the purposes of awarding and applying good time credits, all calculations shall be based upon a year, which shall be considered a 360-day period with each month consisting of 30 days. (b) Good time credits may be awarded by the warden o…

Parole eligibility computa- tion. (a) For concurrent and aggregated consecu- tive terms not involving class A felonies, parole el- igibility shall be set at the minimum term less any award for good time credits. The minimum term, less good time credits awarded and retained, shall…

Conditional release date. When computing a conditional release date, it shall be presumed that 100% of the available good time credits are earned. Conditional release good time credits may be forfeited in accordance with applicable regulations of the secretary. The con- ditional …

Guidelines release date. (a) Except for off-grid crimes, the prison portion of sentences for crimes committed on or after July 1, 1993 but before April 20, 1995, crimes at non- drug severity levels 7 through 10 committed on or after January 1, 2008, crimes at drug grid se- verity…

(Authorized by K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; implementing K.S.A. 22-3427, 75-5251, K.S.A. 1983 Supp. 21- 4608, 22-3717, 75-5210; effective, T-84-32, Nov. 23, 1983; effective May 1, 1984; revoked Sept. 6, 2002.)

Awarding and withholding good time credits for incarcerated offenders. (a) With the exception of calculation of good time credits affecting the conditional release dates, which are controlled by K.A.R. 44-6-114d, this regulation shall govern the award and withholding of good time…

Awarding, withholding, and restoring good time credits for offenders on supervised release. (a) Offenders on super- vised release may be awarded good time credits at the following rates: (1)Offendersonparolereleaseforindeterminate sentences shall be eligible for good time credits…

Service of postrelease super- vision revocation incarceration penalty peri- od; awarding, withholding, and forfeiture of good time credits for offenders serving in- carceration penalty period. (a) For offenders who were convicted of committing offenses on or after July 1, 1993, b…

Allocation of good time credits for crimes committed prior to July 1, 1982. The amount of statutory good time credit avail- able for each unit team review period, as such pe- riod is authorized by the Kansas adult authority regulations, shall be allocated as follows: TABLE: DEPAR…

(Authorized by K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; implementing K.S.A. 22-3427, 75-5251, K.S.A. 1983 Supp. 21-4608, 22- 3717, 75-5210; effective, T-84-32, Nov. 23, 1983; effective May 1, 1984; revoked Sept. 6, 2002.)

(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, 1…

Docketing parole hearings. For the purpose of docketing a parole hearing, it shall be presumed that the inmate will earn and be awarded the full amount of good time cred- it available for the period between docketing and parole eligibility. If the good time is in fact not earned …

(Authorized by and implementing K.S.A. 1993 Supp. 22-3725; effective, T-84-32, Nov. 23, 1983; amended May 1, 1984; amended Nov. 12, 1990; amended Sept. 30, 1991; amended April 6, 1992; amended Sept. 13, 1993; amended Jan. 3, 1995; revoked Sept. 6, 2002.)

Good time forfeitures not re- stored; exceptions; limits; parole; guidelines release date; program credits; withholding of good time credits subject to restoration. 423 Good Time Credits and Sentence Computation 44-6-126 (a) On and after May 1, 1981, no good time forfei- tures re…

Meritorious good time. (a) For any inmate incarcerated for crimes committed be- fore July 1, 1982, “meritorious” good time credits may be recommended to the Kansas parole board for any meritorious act by an inmate, if deemed appropriate by the unit team and subject to the approva…

Program credits. (a) Program credits may be earned on the prison portion of a sentence for crimes at non-drug severity levels 4 through 10 or drug grid severity level 3 or 4 com- mitted on or after January 1, 2008, but before July 1, 2012, or for crimes at non-drug severity level…

Adjustmentsofpreviousawards of good time credits; scope of review and decision-making procedure; effect of non- compliance with procedure. (a) The procedures specified in K.A.R. 44-6-129 through K.A.R. 44-6- 132shallbeusedbydepartmentofcorrectionsstaff to correct an error made in…

Same; notice of proposed ac- tion; service; election of hearing or waiver; hearing officer designation; issuance and service of notice of hearing; requests for witnesses. (a) The supervising correctional coun- selor in the case of inmates as well as offenders serving an incarcera…

Same; hearing procedure; written decision; service upon inmate or of- fender; effect of a denial of proposed action. (a) Each hearing shall be conducted according to the following: (1) The proposing staff member shall present a concise explanation, outlining the facts and law app…

Same; appeal procedure. (a) If an inmate or offender desires to appeal the deci- sion of a hearing officer that upholds the proposed action or modifies the decision by deciding that a greater or smaller amount of good time credit than originally proposed should be removed from th…

Entry of adjustments of good time awards in relevant departmental da- tabase or databases. (a) Unless the inmate or offender files an appeal according to K.A.R. 44- 6-131, the decision by the hearing officer either to uphold the proposed action or to modify the action to remove a…

(Authorized by K.S.A. 1990 Supp. 75-5210, 75-5251; implementing K.S.A. 22-3427, K.S.A. 1990 Supp. 21-4608, 22-3717, 75-5210, 75- 5251; effective, T-84-32, Nov. 23, 1983; effective May 1, 1984; amended Sept. 30, 1991; revoked Sept. 6, 2002.)

Jail credit time. (a) Jail credit shall not be used in the sentence computation un- less an authorization appears in the journal entry of judgment form. If only the number of days of jail credit earned is contained in the journal entry, the records officer shall compute the sente…

Prison service credit. (a) Prison service credit shall be computed and applied by department of corrections’ personnel. (b) To compute prison service credit for court releases,theeffectivedateofthesentenceshallbe subtracted from the date of the final disposition of the court by r…

Maximum sentence credit. Maximum sentence credit shall be the remaining amount of time incarcerated that exceeded the prison service credit or jail credit on an earlier sentence. For consecutive sentences aggregated to previously imposed consecutive sentences, the latest sentence…

Delinquent time lost on post- incarceration supervision (DTLOPIS). (a) Delinquent time lost on postincarceration super- vision shall be computed from the date on which the secretary’s parole violation warrant, the condi- tional release violation warrant, or parole officer’s arres…

Forfeited good time on post- incarceration supervision release. Forfeited good time on postincarceration supervision re- lease shall be computed from the date of release on supervision to the date on which delinquent time on postincarceration supervision release be- gan or to adm…

Time lost on escape. (a)(1) Time lost on escape shall be calculated by sub- tracting the date of escape from the date of ap- prehension on the Kansas charge regardless of whether the inmate is in or out of the state. The result of this computation shall be added to the minimum da…

Sentence begins date. (a) Jail credit. Each sentence begins date shall reflect all jail credit. (b) Reimposed sentence, governed by date of reimposition; adjustment alternatives. The sen- tence begins date for reimposed sentences, in- cluding those reimposed for technical probati…

Controlling minimum date; for concurrent composite sentences—merge and select longest incarceration; controlling guidelines release date. (a) For new admissions with concurrent sentences, the minimum term of each sentence shall be added to its sentence be- gins date. The sentence…

Controlling minimum date, for consecutive composite sentence add terms; controlling guidelines release date. (a) To obtain the controlling minimum date for con- secutive sentences, the minimum terms of those sentences that are consecutive shall be added, and the resulting sum of …

Controlling maximum date; controlling guidelines sentence discharge date. (a) Latest conditional release sentence controls. The sentence with the longest period of incarceration shall be designated as the sentence controlling the maximum date. The maximum term of the sentence con…

(Authorized by K.S.A. 1993 Supp. 75-5210, 75-5251; implementing K.S.A. 22-3427, K.S.A. 1993 Supp. 21-4608, 22-3717, 75-5210, 75- 5251; effective, T-84-32, Nov. 23, 1983; effective May 1, 1984; amended Sept. 30, 1991; amended Jan. 3, 1995; revoked Sept. 6, 2002.)

Computation of consecutive sentences. (a) On and after May 7, 1987, if an individual is sentenced for an offense committed while on probation, parole, conditional release, or postrelease supervision for a felony, and the pro- bation, parole, conditional release, or postrelease su…

Minimum sentence expended at parole eligibility—sentence computation. Once the inmate has become eligible for parole, or has been given a parole hearing by the Kan- sas adult authority, no other parole eligibility shall be established. However, if subsequent sentences are to be s…

Incentive good time credits. In- centive good time credits which were authorized and applied under previous policies and regula- tions shall continue to be credited to the inmate’s sentence and applied to the record. (Authorized by K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210; im- p…