Kan. Admin. Regs. § 44-6-115b

Current through Register Vol. 43, No. 23, June 6, 2024

Section 44-6-115b - Awarding and withholding good time credits for offenders on supervised release

(a) Offenders on supervised release may be awarded good time credits at the following rates:

(1) Offenders on parole release for indeterminate sentences shall be eligible for good time credits at the rate of one day of good time for each day under supervision and provided by K.A.R. 44-6-114d.

(2) For offenders convicted of crimes that were committed on or after July 1, 1993 but before April 20, 1995 and that fall into non-drug severity levels 1 through 4 or drug severity levels 1 or 2, the period of postrelease supervision shall be 24 months plus the amount of good time awarded and retained on the imprisonment portion of a sentence for such a conviction. Good time credits shall not be available for the reduction of postrelease supervision.

(3) For offenders convicted of crimes committed on or after April 20, 1995 that fall into non-drug severity levels 1 through 4 or drug severity levels 1 or 2, the period of postrelease supervision shall be 36 months plus the amount of good time awarded and retained on the imprisonment portion of a sentence for such a conviction. The 36-month portion of the postrelease supervision period may be reduced by up to 12 months through award of good time credits. Awarded good time credits shall be applied at the rate of one day for every two days served from the date of release from prison, but not to exceed a total of 12 months. That portion of the period of postrelease supervision resulting from the addition of good time credits awarded and retained while in prison pursuant to K.S.A. 21-4722(b) and amendments thereto shall not be reduced through application of good time credits while on postrelease supervision.

(4) For offenders who are convicted of crimes committed on or after July 1, 1993 that fall into non-drug severity levels 5 or 6 or drug severity level 3 and who are sentenced to serve a period of postrelease supervision, the period of postrelease supervision shall be 24 months plus the amount of good time awarded and retained on the imprisonment portion of the sentence for any such conviction. The 24-month portion of the postrelease supervision period may be reduced by 12 months through award of good time credits. Awarded good time credits shall be applied at the rate of one day for each day served from the date of release from prison. That portion of the postrelease supervision period resulting from application of good time credits awarded and retained while in prison shall not be subject to reduction through the application of good time credits while on postrelease supervision.

(5) For offenders who are convicted of crimes committed on or after July 1, 1993 that fall into non-drug severity levels 7 through 10 or drug severity level 4 and who are sentenced to serve a period of postrelease supervision, the period of postrelease supervision shall be 12 months plus the amount of good time awarded and retained on the imprisonment portion of the sentence for any such conviction. The 12-month portion of the period of postrelease supervision period may be reduced by six months through award of good time credits. Awarded good time credits shall be applied at the rate of one day for each day served from the date of release from prison. That portion of the postrelease supervision period resulting from application of good time credits awarded and retained while in prison shall not be subject to reduction through the application of good time credits while on postrelease supervision.

(b) All subsequent awards during a single supervision release period shall be made at six-month intervals, unless, in the judgment of the offender's parole officer, good cause exists to shorten the interval.

(c) No good time credits shall be awarded during the time an offender is on absconder status.

(d) Factors that shall be considered in determining whether or not an offender on supervised release is awarded good time credits shall include the following:

(1) Reporting to the parole officer as scheduled;

(2) maintaining steady employment, participating in treatment, or both;

(3) refraining from criminal activity;

(4) following the conditions of release; and

(5) maintaining appropriate behavior and demonstrating responsible and acceptable behavior.

(e) Any of the following violations, if committed by the offender during the review period, shall result in the withholding of 100% of the good time credits available during the review period:

(1) any felonious conduct established with probable cause by a district court, or any misdemeanor conviction, including driving under the influence (DUI) or driving while suspended (DWS);

(2) engagement in assaultive activities, violence, or threats of violence of any sort, or possession of a dangerous weapon, ammunition, or explosives as established by reliable information, including witness statements and police reports;

(3) engagement in contact with victims or contact with specific persons with whom contact is prohibited by special condition;

(4) violation of any specific prohibitions assigned to sex offenders;

(5) failure to agree to be subject to a search by any parole officer as specified by the conditions of supervision;

(6) refusal to provide urinalysis or to otherwise submit to substance abuse testing;

(7) any documented instance of use of drugs, alcohol, or inhalants, either through positive drug test results, admission, or based upon reliable information from law enforcement officials or a special enforcement officer, including police reports that an offender was drinking, huffing, or otherwise ingesting prohibited substances;

(8) refusal to take psychotropic medication as prescribed;

(9) refusal to maintain employment or participate in programs during the review period; or

(10) absconding from supervision.

(f) Any of the following violations shall result in the mandatory withholding of 50% of the good time credits available during the review period for each violation:

(1) Failure to make initial contact with the parole officer within the time frame specified on the release certificate or as otherwise directed;

(2) leaving the state of Kansas without permission;

(3) failure to report as directed on two occasions;

(4) violation of an imposed curfew;

(5) operation of a motor vehicle without a license, as established by parole officer observation; or

(6) possession of an illegal drug or commonly abused substance, including glue or paint, or of a mind-altering prescription drug prescribed for someone other than the offender as determined by admission, observation, police reports, or other reliable information.

(g) Any of the following violations shall result in the mandatory withholding of 25% of the good time credits available for the reward period for each violation:

(1) changing jobs without notifying the supervising officer;

(2) leaving the assigned supervision district without permission, but remaining in the state;

(3) failing to report once during the reporting period;

(4) moving from the place of residence without notifying the supervising officer; or

(5) failing to maintain steady employment.

(h) Failure to pay supervision fees as directed after determination that the offender is able but unwilling to pay shall result in the mandatory withholding of good time credits at the rate of 20% for each month in the review period that the offender fails to pay the monthly designated fee.

(i) The third or subsequent occurrence of one or more condition violations shall result in the withholding of an additional 50% of good time credits available, in addition to any withholding otherwise provided for by this regulation.

(j) Other violations not falling into the categories outlined in subsections (e) through (i) above may result in the withholding of 10% of the good time credits available for the reward period.

(k) If multiple violations occur resulting from the same set of circumstances, the most severe violation shall be utilized for consideration of the good time award.

(l) Violations resulting in the withholding of good time shall not serve as the basis for withholding additional good time during subsequent award periods.

(m) Good time credits shall be withheld during the award period in which the criteria for withholding good time has been met. The award of good time for a review period for which good time has already been awarded may be adjusted upon the subsequent discovery of a violation committed during the review period in question or upon discovery of any error in computing good time credits.

Kan. Admin. Regs. § 44-6-115b

Authorized by K.S.A. 2001 Supp. 22-3717; implementing K.S.A. 2001 Supp. 22-3717; effective Sept. 6, 2002.