Filed: May 22, 2015
Latest Update: May 22, 2015
Summary: NOT TO BE PUBLISHED OPINION D. LAMBERT , Judge . Appellant (hereinafter, Mr. Fryar) appeals from the Boone Circuit Court's order which denied his motion for meritorious good time credits. At issue is whether the trial court erred in failing to direct the Department of Corrections to grant meritorious good time credits to Mr. Fryar. Finding ample evidence in support of the trial court's ruling, we affirm. Mr. Fryar is currently an inmate at the Kentucky State Reformatory located in LaGrang
Summary: NOT TO BE PUBLISHED OPINION D. LAMBERT , Judge . Appellant (hereinafter, Mr. Fryar) appeals from the Boone Circuit Court's order which denied his motion for meritorious good time credits. At issue is whether the trial court erred in failing to direct the Department of Corrections to grant meritorious good time credits to Mr. Fryar. Finding ample evidence in support of the trial court's ruling, we affirm. Mr. Fryar is currently an inmate at the Kentucky State Reformatory located in LaGrange..
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NOT TO BE PUBLISHED
OPINION
D. LAMBERT, Judge.
Appellant (hereinafter, Mr. Fryar) appeals from the Boone Circuit Court's order which denied his motion for meritorious good time credits. At issue is whether the trial court erred in failing to direct the Department of Corrections to grant meritorious good time credits to Mr. Fryar. Finding ample evidence in support of the trial court's ruling, we affirm.
Mr. Fryar is currently an inmate at the Kentucky State Reformatory located in LaGrange, Kentucky. He was previously housed at the Eastern Kentucky Correctional Complex in West Liberty, Kentucky. On December 19, 2013, while housed at the Kentucky State Reformatory, Mr. Fryar filed a request for meritorious good time for time served at the Eastern Kentucky Correctional Complex. Mr. Fryar had previously been denied the meritorious good time by the warden at the Eastern Kentucky Correctional Complex.
On December 26, 2013, he received a letter from William Mustage, Kentucky State Reformatory Offender Information Specialist. Mr. Mustage informed Mr. Fryar that meritorious good time was a privilege, not a right and that the Kentucky State Reformatory warden would not lift the meritorious good time block/denial placed by his prior warden at the Eastern Kentucky Correctional Complex.
Mr. Fryar appealed this decision to the Department of Corrections on January 2, 2014. The Department of Corrections thereafter concurred with the findings of the Kentucky State Reformatory warden. Mr. Fryar was informed by the Department of Corrections that he could appeal that decision to his sentencing court within thirty days1 of his exhausting all other administrative remedies.
On March 14, 2014, Mr. Fryar filed a motion appealing this decision in Boone Circuit Court, from which he received his original sentencing. The Boone Circuit Court denied his motion on April 10, 2014, acknowledging that pursuant to Kentucky Revised Statutes (KRS) 197.045(1)(b)(2), meritorious good time is a privilege, not a right, and is to be given solely at the discretion of the Department of Corrections. This appeal follows.
KRS 197.045 states in part:
(1) Any person convicted and sentenced to a state penal institution:
(b)May receive a credit on his or her sentence for:
1. Good behavior in an amount not exceeding ten (10) days for each month served, to be determined by the department from the conduct of the prisoner;
2. Performing exceptionally meritorious service or performing duties of outstanding importance in connection with institutional operations and programs, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month; and
3. Acts of exceptional service during times of emergency, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month.
KRS 197.045(1)(b) (emphasis added). It is firmly established that awards of meritorious good time credits are purely in the discretion of the Department of Corrections. In Hill v. Thompson, 297 S.W.3d 892, 897 (Ky. App. 2009), this court held that "such awards are entirely discretionary and inmates possess no automatic entitlement to them. Further, inmates do not have a liberty interest in the receipt of meritorious good time. Hill at 897. See also Anderson v. Parker, 964 S.W.2d 809 (Ky. App. 2009).
Mr. Fryar argues that he was denied his meritorious good time credits while at Eastern Kentucky Correctional Complex due to an error in the calculation of his time sheets. He claims that he was an exceptional inmate who was very active in programs while at Eastern Kentucky Correctional Complex, and therefore, should be awarded meritorious good time.
Because it is clear that any award of meritorious good time is purely at the discretion of the Department of Corrections, and after reviewing the record, finding no abuse of discretion on the part of the Department of Corrections or the trial court, we must affirm. Mr. Fryar has no right to the award of any meritorious good time, as it is clearly a privilege. This court will not disturb the discretionary findings of the Department of Corrections.
Finding no error, the order of the Boone Circuit Court is affirmed.
VANMETER, JUDGE, CONCURS.
THOMPSON, JUDGE, CONCURS IN RESULT ONLY.
