Good time prison credit and statute not retroactive: NOLAND v. DEPARTMENT OF CORRECTIONS (COA 9/12/2008)

NOLAND v. DEPARTMENT OF CORRECTIONS
CRIMINAL:  Good time credit
2007-CA-002411
Published: Affirming
Panel:  Acree presiding; Dixon concurs; Taylor concurs in result only
Franklin County
Date Rendered: 9/12/2008

The Court affirmed an order of the circuit court dismissing appellant’s petition for declaration of rights seeking to compel the Department of Corrections to credit time spent on parole against his imposed sentence after his parole was revoked.  The Court held that House Bill 269 § 36(a), temporarily suspending the operation of KRS 439.344, which was meant to alleviate overcrowding of penal institutions and decrease the amount spent to incarcerate offenders, did not apply retroactively.  Since appellant’s parole was revoked prior to the effective
date of the bill, he was ineligible for the relief provided by the Bill.

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