CRIMINAL – Sentence credit, parolee: Hill v. Thompson (COA 10/23/2009)

Hill v. Thompson
2009-CA-000015 10/23/09 2009 WL 3400680
Opinion by Judge Caperton; Judges Clayton and Dixon concurred.

The Court affirmed an order of the circuit court denying appellant’s petitions for declaration of rights under House Bill 406 and the rules of policy and procedure of the Kentucky Department of Corrections (DOC). The Court first held that a literal interpretation of KRS 439.344, as it pertains to credit toward a criminal sentence for time spent on parole by a parolee, was against the clear intent of the legislature and would yield different, if not conflicting, results. Thus, the trial court properly concluded that appellant was not entitled to credit against his sentence for time spent while on parole when he was returned to prison for absconding from parole supervision and not for a new felony conviction for which he was convicted after he had already returned to prison for the parole violation. The Court next held that the DOC did not abuse its discretion in declining to award good time credit to appellant under KRS 197.045(3), particularly in light of appellant’s successful escape during the time he was being considered for a good time award. Further, the one-year statue of limitations set forth in KRS 413.140 barred appellant’s action for declaration of rights brought 13 years later.

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