Department of Corrections.
(1) An indeterminate sentence of imprisonment commences when the prisoner is
received in an institution under the jurisdiction of the Department of Corrections.
When a person is under more than one (1) indeterminate sentence, the sentences
shall be calculated as follows:
(a) If the sentences run concurrently, the maximum terms merge in and are
satisfied by discharge of the term which has the longest unexpired time to run;
or
(b) If the sentences run consecutively, the maximum terms are added to arrive at
an aggregate maximum term equal to the sum of all the maximum terms.
(2) A definite sentence of imprisonment commences when the prisoner is received in
the institution named in the commitment. When a person is under more than one (1)
definite sentence, the sentences shall be calculated as follows:
(a) If the sentences run concurrently, the terms merge in and are satisfied by
discharge of the term which has the longest unexpired time to run; or
(b) If the sentences run consecutively, the terms are added to arrive at an
aggregate term and are satisfied by discharge of the aggregate term.
(3) Time spent in custody prior to the commencement of a sentence as a result of the
charge that culminated in the sentence shall be credited by the Department of
Corrections toward service of the maximum term of imprisonment in cases
involving a felony sentence and by the sentencing court in all other cases. If the
sentence is to an indeterminate term of imprisonment, the time spent in custody
prior to the commencement of the sentence shall be considered for all purposes as
time served in prison.
(4) If a person has been in custody due to a charge that culminated in a dismissal,
acquittal, or other disposition not amounting to a conviction, the amount of time
that would have been credited under subsection (3) of this section if the defendant
had been convicted of that charge shall be credited as provided in subsection (3) of
this section against any sentence based on a charge for which a warrant or
commitment was lodged during the pendency of that custody.
(5) If a person serving a sentence of imprisonment escapes from custody, the escape
shall interrupt the sentence. The interruption shall continue until the person is
returned to the institution from which he escaped or to an institution administered
by the Department of Corrections. Time spent in actual custody prior to return under
this subsection shall be credited against the sentence if custody rested solely on an
arrest or surrender for the escape itself.
(6) As used in subsections (3) and (4) of this section, time spent in custody shall
include time spent in the intensive secured substance abuse recovery program
developed under KRS 196.285 and may include, at the discretion of the sentencing
court, time spent in a different residential substance abuse treatment or recovery
facility pursuant to KRS 431.518 or 533.251, if under each option allowed by this
subsection, the person has successfully completed the program offered by the
intensive secured substance abuse recovery program or the residential substance
abuse treatment or recovery facility. If the defendant fails to complete a program,
the court may still award full or partial sentence credit if the defendant demonstrates
that good cause existed for the failure to complete the program.
(7) As used in subsections (3) and (4) of this section, time spent in custody shall
include time spent in pretrial home incarceration pursuant to KRS 431.517, subject
to the conditions imposed by KRS 532.245.
(8) In lieu of an award by the Department of Corrections in felony cases, if a
presentence report indicates that a defendant has accumulated sufficient sentencing
credits under this section to allow for an immediate discharge from confinement
upon pronouncement of sentence, the court may confirm the amount of the credit
and award the credit at pronouncement.
(9) An inmate may challenge a failure of the Department of Corrections to award a
sentencing credit under this section or the amount of credit awarded by motion
made in the sentencing court no later than thirty (30) days after the inmate has
exhausted his or her administrative remedies.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 25, effective July 12, 2012. -- Amended
2011 Ky. Acts ch. 2, sec. 98, effective June 8, 2011. -- Amended 2009 Ky. Acts ch.
96, sec. 6, effective March 24, 2009. -- Amended 1992 Ky. Acts ch. 211, sec. 136,
effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 60, effective July
15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 284, effective January 1, 1975; and
ch. 74, Art. V, sec. 24(14).
Notes of Decisions
Martin v. Chandler (2003)
ky · cites it 14×
“[15] And, under KRS 532.120, [16] Appellant will not be released from prison until he satisfies this second sentence.”
Bowling v. White (2015)
ky · cites it 17×
“Pursuant to KRS 532.120(1), the Laurel and Rockcastle sentences merged into one “aggregate” sentence of death.”
Bard v. Commonwealth (2011)
ky · cites it 11×
“KRS 532.120.” At the time of sentencing, Probation and Parole calculated Appellant’s presentencing custody credit at 3,086 days.”
Albert Jones v. Dan Bottom (2023)
ca6 · cites it 11×
“6 :270 (listing the “Calculation of Custody Time Credit” as within the Division of Probation and Parole’s domain); see also Ky. Rev. Stat. Ann. § 532.120 (3) (detailing that an inmate is entitled to time-served credit).”
Commonwealth v. Nicely (2010)
ky · cites it 12×
“This follows from KRS 532.120(2), which states, "A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment.”
Caraway v. Commonwealth (2015)
ky · cites it 8×
“Accordingly, since KRS 532.120 no longer authorizes trial courts to credit felony sentences for time spent in custody before sentencing, the Harlan Circuit Court did not err by entering final judgment that failed to reflect Caraway’s presentencing custody credit.”
Polsgrove v. Kentucky Bureau of Corrections (1977)
ky · cites it 4×
“” KRS 532.120(3) provides: “Time spent in custody prior to the commencement of a sentence as a result of the charge that culminated in the sentence shall be credited by the court imposing sentence toward service of the maximum term of imprisonment.”
Commonwealth v. Higgs (2001)
ky · cites it 2×
“045, and "credit for time served," KRS 532.120(3). Subsequent to the rendition of the Court of Appeals' opinion, we held in Cornelison v.”
Staples v. Commonwealth (2014)
ky
“” Finally, in a different context, KRS 532.120 pertaining to the calculation of terms of imprisonment uses "actual custody” to refer to the period of time an inmate is held by authorities following an escape but prior to return to the institution from which the escape occurred…”
Porter v. Commonwealth (2011)
ky
“1986); and the right to receive jail-time credit pursuant to KRS 532.120(3), Propes v. Commonwealth, 257 S.”
— Ky. Rev. Stat. § 532.120(1) — 6 cases
Bowling v. White (2015)
ky
“Pursuant to KRS 532.120(1), the Laurel and Rockcastle sentences merged into one “aggregate” sentence of death.”
— Ky. Rev. Stat. § 532.120(1)(a) — 2 cases
Martin v. Chandler (2003)
ky
“[15] And, under KRS 532.120, [16] Appellant will not be released from prison until he satisfies this second sentence.”
— Ky. Rev. Stat. § 532.120(1)(b) — 2 cases
— Ky. Rev. Stat. § 532.120(2) — 1 case
Commonwealth v. Nicely (2010)
ky
“This follows from KRS 532.120(2), which states, "A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment.”
— Ky. Rev. Stat. § 532.120(2)(b) — 1 case
— Ky. Rev. Stat. § 532.120(3) — 47 cases
Bowling v. White (2015)
ky
“Pursuant to KRS 532.120(1), the Laurel and Rockcastle sentences merged into one “aggregate” sentence of death.”
Bard v. Commonwealth (2011)
ky
“KRS 532.120.” At the time of sentencing, Probation and Parole calculated Appellant’s presentencing custody credit at 3,086 days.”
Albert Jones v. Dan Bottom (2023)
ca6
“6 :270 (listing the “Calculation of Custody Time Credit” as within the Division of Probation and Parole’s domain); see also Ky. Rev. Stat. Ann. § 532.120 (3) (detailing that an inmate is entitled to time-served credit).”
Martin v. Chandler (2003)
ky
“[15] And, under KRS 532.120, [16] Appellant will not be released from prison until he satisfies this second sentence.”
— Ky. Rev. Stat. § 532.120(4) — 2 cases
— Ky. Rev. Stat. § 532.120(5) — 2 cases
— Ky. Rev. Stat. § 532.120(6) — 1 case
— Ky. Rev. Stat. § 532.120(7) — 1 case
— Ky. Rev. Stat. § 532.120(8) — 6 cases
Bowling v. White (2015)
ky
“Pursuant to KRS 532.120(1), the Laurel and Rockcastle sentences merged into one “aggregate” sentence of death.”
Caraway v. Commonwealth (2015)
ky
“Accordingly, since KRS 532.120 no longer authorizes trial courts to credit felony sentences for time spent in custody before sentencing, the Harlan Circuit Court did not err by entering final judgment that failed to reflect Caraway’s presentencing custody credit.”
— Ky. Rev. Stat. § 532.120(9) — 10 cases
Albert Jones v. Dan Bottom (2023)
ca6
“6 :270 (listing the “Calculation of Custody Time Credit” as within the Division of Probation and Parole’s domain); see also Ky. Rev. Stat. Ann. § 532.120 (3) (detailing that an inmate is entitled to time-served credit).”
Caraway v. Commonwealth (2015)
ky
“Accordingly, since KRS 532.120 no longer authorizes trial courts to credit felony sentences for time spent in custody before sentencing, the Harlan Circuit Court did not err by entering final judgment that failed to reflect Caraway’s presentencing custody credit.”
— Ky. Rev. Stat. § 532.120(B) — 1 case
Bowling v. White (2015)
ky
“Pursuant to KRS 532.120(1), the Laurel and Rockcastle sentences merged into one “aggregate” sentence of death.”
— Ky. Rev. Stat. § 532.120(l)(a) — 1 case
Martin v. Chandler (2003)
ky
“[15] And, under KRS 532.120, [16] Appellant will not be released from prison until he satisfies this second sentence.”
— Ky. Rev. Stat. § 532.120(l)(b) — 2 cases
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