Kentucky Department of Corrections v. Dixon

The Supreme Court reversed the decision of the court of appeals concluding that Appellee's aggregate sentence for three separate crimes could be separated into discrete parts and that, after completion of a portion of the sentence he received for a violent offense Appellee was entitled to work credit on the remaining portion of his sentence attributable to nonviolent crimes, holding that a violent offender's aggregate sentence cannot be separated into discrete violent and nonviolent components for the purposes of awarding work-time sentence credit.Appellee was an inmate serving an aggregate sentence for both violent and nonviolent offenses. Appellant initiated an administrative review of his sentence, arguing that because the sentence for his only violent offense had been served, he was entitled to work-time credit. The Department of Corrections denied the credit, concluding that Appellee's total combined sentence was not partition able by offense and, as a violent offender, Appellee was not allowed work-time credit under Ky. Rev. Stat. 197.047. The court of appeals reversed, concluding that Appellee was entitled to work-time credit on his nonviolent offense sentences. The Supreme Court reversed, holding that the disallowance of work-time sentence credit to a violent offender in section 197.047 applies to the single, continuous sentence. View "Kentucky Department of Corrections v. Dixon" on Justia Law