454.415 Prohibition against civil action filed by or on behalf of inmate prior to

364 words·~2 min read·/ky/454-415

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

exhaustion of administrative remedies -- Dismissal of action and assessment of

costs -- Period of limitations.

(1)No action shall be brought by or on behalf of an inmate, with respect to:

(a)An inmate disciplinary proceeding;

(b)Challenges to a sentence calculation;

(c)Challenges to custody credit; or

(d)A conditions-of-confinement issue;

until administrative remedies as set forth in the policies and procedures of the

Department of Corrections, county jail, or other local or regional correctional

facility are exhausted.

(2)Administrative remedies shall be exhausted even if the remedy the inmate seeks is

unavailable.

(3)The inmate shall attach to any complaint filed documents verifying that

administrative remedies have been exhausted.

(4)A court shall dismiss a civil action brought by an inmate for any of the reasons set

out in subsection

(1)of this section if the inmate has not exhausted administrative

remedies, and may include as part of its order an assessment of court costs against

the inmate as the court may deem reasonable and prudent. The correctional facility

may enforce this assessment against the inmate's canteen account and against any

other assets of the inmate through any other mechanism provided by law.

(5)A court which dismisses a civil action brought by an inmate for the reasons set out

in this section shall include as part of its order specific findings as to the reasons for

the dismissal. The court shall, upon issuing the order, direct the circuit clerk to

transmit a copy of the entire court order to the official having custody of the inmate,

to all persons named as a party defendant in the action, and also, by certified mail,

return receipt requested, to the inmate.

(6)The period of limitations applicable to the cause of action after it has been

dismissed by a court under this section for failure to exhaust administrative

remedies is the period fixed by the applicable statute or ninety

(90)days following

the exhaustion of administrative remedies if the grievance is filed within the

applicable period of limitations, whichever is later. Nothing in this subsection shall

be construed to revive a cause of action that is barred by the applicable period of

limitations.