Kan. Admin. Regs. § 44-6-101 - Definitions
(a) For purposes of
sentence computation, as used in this article, terms dealing with good time
credits shall be defined as follows:
(1)
"Establishment of good time credits" means the creation of that pool of credits
that decreases part of the term of actual imprisonment for good work and
behavior over a period of time. Good time credits shall not forgive or
eliminate the sentence but shall function only to allow the inmate to earn the
privilege of being released from incarceration earlier than the full minimum,
maximum, or guidelines prison sentence, subject to conditions specified and
imposed pursuant to applicable law. Following a revocation of parole or
conditional release, good time credits shall not be available to reduce the
period of incarceration before a prisoner review board hearing for reparole.
Following a revocation of postrelease supervision, good time credits shall be
available to reduce the incarceration penalty period as authorized by
applicable statutes.
(2)
"Allocation of good time credits" means the breakdown of the total number of
established good time credits into groups of credits that are available to the
inmate in separate time periods.
(3) To "earn good time credits" means that
the inmate has acted in a way that merits a reduction of the term of actual
imprisonment by those credits.
(4)
"Award of good time credits" means the act of the unit team, as approved by the
program management committee and the warden or designee, granting all or part
of the allocation of credits available for the time period under
review.
(5) "Application of good
time credits" means the entry of the credits of forfeitures into the official
record of the inmate and the consequent adjustment of parole eligibility,
conditional release, the guidelines release date, or the guidelines sentence
discharge date.
(6) "Forfeiture of
good time credits" means the removal of the credits and consequent
reinstatement of a term of actual imprisonment by the disciplinary board
according to article 12 and article 13, as published in the inmate rule
book.
(b) For purposes
of sentence computation, as used in this article, terms dealing with sentence
structure shall be defined as follows:
(1)
"Composite sentence" means any sentence formed by the combination of two or
more sentences.
(2) "Concurrent
sentence" means two or more sentences imposed by the court with minimum and
maximum terms, respectively, to be merged, or two or more sentencing guidelines
sentences imposed by the court with their prison terms to be merged.
(3) "Consecutive sentence" means a series of
two or more sentences imposed by the court in which the minimum terms and the
maximum terms, respectively, are to be aggregated, or a series of two or more
sentencing guidelines sentences in which the prison terms are to be aggregated
pursuant to K.S.A. 2011 Supp.
21-6819 and amendments
thereto.
(4) "Controlling sentence"
means the sentence made up of the controlling minimum term and the controlling
maximum term of any sentence or composite sentence or the sentencing guidelines
sentence made up of two or more sentences, whether concurrent or consecutive,
that results in the longest prison term.
(5) "Aggregated controlling sentence" means a
controlling sentence composed of two or more sentences. An aggregated
controlling sentence has a minimum term consisting of the sum of the minimum
terms and a maximum term consisting of the sum of the maximum terms. In the
case of sentencing guidelines sentences, an aggregated controlling sentence has
a prison term that is the sum of all the prison terms of the sentences that are
aggregated, pursuant to K.S.A. 2011 Supp.
21-6819 and amendments thereto.
The term "aggregated" shall be applied only to consecutive sentences.
(c) For purposes of sentence
computation, as used in this article, terms dealing with sentence service
credits, other than good time credits, shall be defined as follows:
(1) "Jail credit" and "JC" mean the time
spent in confinement, pending the disposition of the case, before the
sentencing to the custody of the secretary of corrections pursuant to K.S.A.
2011 Supp.
21-6615, and amendments thereto,
or on or after May 19, 1988, time spent in a residential center while on
probation or assignment to a community correctional residential services
program, pursuant to K.S.A. 2011 Supp.
21-6615 and amendments
thereto.
(2) "Maximum sentence
credit" means the total period of incarceration served on a sentence beyond the
limitation for credit awarded as prison service credit. This credit shall be
used to adjust the maximum expiration date of the sentence.
(3) "Prison service credit" means the penal
time credited for time the inmate previously was incarcerated on the sentence
and time credited on the sentence while actually incarcerated during release in
custody to a law enforcement agency. Prison service credit shall be given for
time spent incarcerated on a sentence that has subsequently been aggregated due
to the imposition of a consecutive sentence.
(4) "Program credit" means the pool of
credits that serve to decrease the term of actual imprisonment awarded for a
completion of a program designated by the secretary. Program credits shall not
decrease or eliminate the sentence but shall function only to allow the inmate
to earn the privilege of being released from incarceration earlier than the
prison sentence adjusted for earned and retained good time credits. Program
credits earned and retained while an offender is incarcerated shall be added to
the offender's postrelease supervision period.
(d) For purposes of sentence computation, as
used in this article, terms dealing with terms or length of sentences shall be
defined as follows:
(1) "Controlling minimum
term" means the length of the sentence to be served to reach the controlling
minimum date as determined according to applicable case, statutory, and
regulatory law.
(2) "Controlling
maximum term" means the length of the maximum sentence imposed by the court
that constitutes the longest required period of incarceration, determined
according to applicable case and statutory law and these regulations.
(e) For purposes of sentences
computation, as used in this article, terms dealing with calculation of
specific dates in the execution of sentences shall be defined as follows:
(1) "Sentencing date" means the date on which
the sentence is imposed by the court upon conviction. "Sentencing date" is also
known as the sentence imposition date.
(2) "Sentence begins date" means the calendar
date on which service of the sentence is to begin running. This date, as
established by the court, shall reflect the time allowances as defined in jail
time credit. This date shall be adjusted by department of corrections staff if
prison service credit is applicable. If no jail credit is involved but prison
service credit exists, the prison service credit shall be subtracted from the
sentence imposition date to determine the sentence begins date.
(3) "Controlling minimum date" means the
calendar date derived by adding the controlling minimum term to the sentence
begins date.
(4) "Controlling
maximum date" means the calendar date derived by adding the controlling maximum
term imposed by the court to the sentence begins date.
(5) "Guidelines release date" means, for
offenders with sentences imposed pursuant to the sentencing guidelines act,
K.S.A. 2011 Supp.
21-6801 et seq. and amendments
thereto, the date yielded by adding the prison portion of the sentence to the
sentence, less any good time credits earned and awarded pursuant to K.S.A. 2011
Supp.
21-6821 and amendments thereto,
plus any good time credits forfeited.
(6) "Conditional release date" and "CR date"
mean the controlling maximum date minus the total number of authorized good
time credits not forfeited.
(7)
"Parole eligibility" means the status that results if the inmate has served the
sentence required by law to the extent that the law allows the inmate's
immediate release if the prisoner review board grants a parole to that
inmate.
(8) "Program release date"
means the date the offender may be released with the application of the
actually earned, awarded, and retained good time and program credits.
(f) For purposes of sentence
computation, as used in this article, terms dealing with loss of forfeiture of
sentence service credit while on parole or postrelease supervision status as
well as escape status shall be defined as follows:
(1) "Postincarceration supervision" means
supervision of any offender released to the community after service of the
requisite term of incarceration. This term shall include parole, conditional
release, and postrelease supervision.
(2) "Abscond" means departing without
authorization from a geographical area or jurisdiction prescribed by the
conditions of one's parole or postrelease supervision.
(3) "Delinquent time lost on
postincarceration status" and "DTLOPIS" mean the time lost on the service of
sentence from which the offender was paroled or released to postrelease
supervision due to being on absconder status after a condition violation
warrant was issued and until the warrant was served.
(4) "Forfeited good time on postincarceration
status" means the amount of good time ordered forfeited by the prisoner review
board from the amount earned from the date of authorized release to the date
delinquent time on parole or postincarceration began or to the date of
admission to a department of corrections facility.
(5) "Time lost on escape" means the time not
counted on the service of sentence while the inmate is on escape status. This
term shall mean the time from which the escape took place to the time of
apprehension.
Notes
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