Ky. Rev. Stat. § 439.345

Current through 2024 Ky. Acts ch. 225

Section 439.345 - Compliance credits for eligible parolees - Definitions - Administrative regulations

(1) An individual on parole shall receive parole compliance credits to be applied toward the individual's sentence, if the paroled individual does all of the following:

(a) Fulfills the terms of his or her case plan;

(b) Has no new arrests; and

(c) Makes scheduled monthly payments for restitution, if any.

(2)

(a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least one (1) year on supervision, the accrued supervised compliance credits shall be applied towards the individual's sentence.

(b) As used in this subsection:

1. "Eligible" means an offender being supervised for a Class D felony that:

a. Does not qualify the offender as a violent offender as defined in KRS 439.3401 or a sexual offender as defined in KRS 17.550; and

b. Did not result from a conviction of KRS 508.025 where the victim was a peace officer; and

2. "Substantially compliant" means:

a. Compliance with the terms of his or her case plan;

b. Has no new arrests; and

c. Makes scheduled monthly payments for restitution, if any.

(3)

(a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least two (2) years on supervision, the accrued supervised compliance credits shall be applied towards the individual's sentence.

(b) As used in this subsection:

1. "Eligible" means an offender who:

a. Is not a persistent felony offender; and

b. Is being supervised for a Class C felony that:

i. Does not qualify the offender as a violent offender as defined in KRS 439.3401 or a sexual offender as defined in KRS 17.550; and

ii. Did not result from a conviction of KRS 218A.1401, 218A.1410, 218A.1411, 218A.1412, 218A.1413, 218A.1414, 218A.1421, 218A.1423, 218A.1430, 218A.1438, 218A.1439, or 218A.286; and

2. "Substantially compliant" means:

a. Compliance with the terms of his or her case plan;

b. Has no new arrests; and

c. Makes scheduled monthly payments for restitution, if any.

(4) The department shall promulgate administrative regulations for the awarding of parole compliance credits and supervised compliance credits pursuant to this section.

KRS 439.345

Amended by 2017 Ky. Acts ch. 158,§ 13, eff. 6/29/2017.

Effective:6/8/2011
Created 2011, Ky. Acts ch. 2, sec. 55, effective6/8/2011.