Ky. Rev. Stat. § 439.340

Current through 2024 Ky. Acts ch. 225

Section 439.340 - Parole of prisoners confined in adult penal or correctional institutions, halfway houses, and reentry centers - Notice of prisoner's parole to be given to certain law enforcement officers, and to victims or their next of kin

(1) The board may release on parole persons confined in any adult state penal or correctional institution of Kentucky or sentenced felons incarcerated in county jails eligible for parole. All paroles shall issue upon order of the board duly adopted. As soon as practicable after his or her admission to an adult state penal or correctional institution or county jail if he or she is a sentenced felon, and at such intervals thereafter as it may determine, the Department of Corrections shall obtain all pertinent information regarding each prisoner, except those not eligible for parole. The information shall include the results of his or her most recent risk and needs assessment, his or her criminal record, his or her conduct, employment, and the reports of physical and mental examinations that have been made. The Department of Corrections shall furnish the circumstances of his or her offense, the results of his or her most recent risk and needs assessment, and his or her previous social history to the board. The Department of Corrections shall prepare a report on any information it obtains. It shall be the duty of the Department of Corrections to supplement this report with any material the board may request and submit the report to the board.

(2) Before granting the parole of any prisoner, the board shall consider the pertinent information regarding the prisoner, including the results of his or her most recent risk and needs assessment, and shall have him or her appear before it for interview and hearing. The board in its discretion may hold interviews and hearings for prisoners convicted of Class C felonies not included within the definition of "violent offender" in KRS 439.3401 and Class D felonies not included within the definition of "sex crime" in KRS 17.500. The board in its discretion may request the parole board of another state confining prisoners pursuant to KRS 196.610 to interview eligible prisoners and make a parole recommendation to the board. A parole shall be ordered only for the best interest of society and not as an award of clemency, and it shall not be considered a reduction of sentence or pardon. A prisoner shall be placed on parole only when arrangements have been made for his or her proper employment or for his or her maintenance and care, and when the board believes he or she is able and willing to fulfill the obligations of a law abiding citizen. Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the prisoner shall be released to the detainer from that jurisdiction. Such parole shall not constitute a relinquishment of jurisdiction over the prisoner, and the board in all cases expressly reserves the right to return the prisoner to confinement in a correctional institution of the Commonwealth if the prisoner violates the terms of his or her parole.

(3)

(a) A nonviolent offender convicted of a Class D felony with an aggregate sentence of one (1) to five (5) years who is confined to a state penal institution or county jail shall have his or her case reviewed by the Parole Board after serving fifteen percent (15%) or two (2) months of the original sentence, whichever is longer.

(b) Except as provided in this section, the board shall adopt administrative regulations with respect to the eligibility of prisoners for parole, the conduct of parole and parole revocation hearings and all other matters that come before it, or conditions to be imposed upon parolees. Regulations governing the eligibility of prisoners for parole shall be in accordance with professionally accepted ideas of correction and reform and may utilize in part objective, performance-based criteria and risk and needs assessment information; however, nothing herein contained shall preclude the board from utilizing its present regulations in conjunction with other factors involved that would relate to the inmate's needs and the safety of the public.

(4) The board shall ensure that all sentenced felons who have longer than ninety (90) days to serve in state penal institutions, halfway houses, reentry centers, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date, and the Department of Corrections shall provide the necessary assistance and information to the board in order for it to conduct timely parole reviews.

(5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony or a Class D felony included within the definition of "sex crime" in KRS 17.500 and prior to the granting of a parole to any such prisoner, the Parole Board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice: the Commonwealth's attorney who shall notify the sheriff of every county and the chief of police of every city and county in which the prisoner committed any Class A, B, or C felony or a Class D felony included within the definition of "sex crime" in KRS 17.500 for which he or she is imprisoned, and all identified victims of the crimes or the next of kin of any victim who is deceased. Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt at the Commonwealth's attorney's business office. Notices received by chiefs of police and sheriffs shall be posted in a conspicuous location where police employed by the department may see it. Notices shall be posted in a manner and at a time that will allow officers to make comment thereon to the Parole Board. Notice to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt by the Commonwealth's attorney, who shall forward the notice promptly to the victims or their next of kin at their last known address. For prisoners incarcerated on or after July 15, 1986, notice to the victims or their next of kin shall be by mail from the Parole Board to their last known address as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner. For prisoners incarcerated prior to April 1, 2021, for a Class D felony included within the definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin shall be in a manner that ensures receipt by the Commonwealth's attorney, who shall forward the notice promptly to the victims or their next of kin at their last known address. For prisoners incarcerated on or after April 1, 2021, for a Class D felony included within the definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin shall be by mail from the Parole Board to their last known address as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner. Notice to the victim or the next of kin of subsequent considerations for parole after the initial consideration shall not be sent if the victim or the next of kin gives notice to the board that he or she no longer wants to receive such notices. The notice shall include the time, date, and place of the hearing provided for in this subsection, and the name and address of a person to write if the recipient of the notice desires to attend the hearing or to submit written comments.

(6) Persons receiving notice as provided for in subsection (5) of this section may submit comments, in person or in writing, to the board upon all issues relating to the parole of the prisoner. The board shall read and consider all comments prior to making its parole decision, if they are received by the board not less than seven (7) days before the date for the hearing. The board shall retain all comments in the prisoner's permanent Parole Board file, and shall consider them in conjunction with any subsequent parole decisions affecting the prisoner. In addition to officers listed in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing. The board shall receive and consider all comments, shall make a record of them which it shall retain in the prisoner's permanent Parole Board file, and shall consider them in conjunction with any subsequent parole decision affecting the prisoner. Persons appearing before the Parole Board pursuant to this subsection may elect to make their presentations outside of the presence of the prisoner.

(7) Victims of Class D felonies not included within the definition of "sex crime" in KRS 17.500 may submit comments in person or in writing to the board upon all issues relating to the parole of a prisoner.

(8) Any hearing provided for in subsections (5), (6), and (7) of this section shall be open to the public unless the persons having a right to appear before the board as specified in those subsections request closure of hearing for reasons of personal safety, in which event the hearing shall be closed. The time, date, and location of closed hearings shall not be disclosed to the public.

(9) Except as specifically set forth in this section, nothing in this section shall be deemed to expand or abridge any existing rights of persons to contact and communicate with the Parole Board or any of its members, agents, or employees.

(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its members, agents, or employees or by a Commonwealth's attorney or any of his or her agents or employees to comply with any of the provisions of subsections (5), (6), and (8) of this section shall not affect the validity of any parole decision or give rise to any right or cause of action by the crime victim, the prisoner, or any other person.

(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be granted parole unless he or she has successfully completed the Sexual Offender Treatment Program.

(12) Any prisoner who is granted parole after completion of the Sexual Offender Treatment Program shall be required, as a condition of his or her parole, to participate in regular treatment in a mental health program approved or operated by the Department of Corrections.

(13) When the board grants parole contingent upon completion of a program, the commissioner, or his or her designee, shall determine the most appropriate placement in a program operated by the department or a residential or nonresidential program within the community approved by the department. If the department releases a parolee to a nonresidential program, the department shall release the parolee only if he or she will have appropriate community housing pursuant to KRS 439.3408.

(14) If the Parole Board does not grant parole to a prisoner, the maximum deferment for a prisoner convicted of a non-violent, non-sexual Class C or Class D felony shall be twenty-four (24) months. For all other prisoners who are eligible for parole:

(a) No parole deferment greater than five (5) years shall be ordered unless approved by a majority vote of the full board; and

(b) No deferment shall exceed ten (10) years, except for life sentences.

(15) When an order for parole is issued, it shall recite the conditions thereof, which may include requiring the person to participate in a specific evidence-based program designed to reduce violence.

KRS 439.340

Effective: April 1, 2021

Amended 2021 Ky. Acts ch. 175, sec. 1, effective April 1, 2021. -- Amended 2017 Ky. Acts ch. 158, sec. 91, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 2, sec. 32, effective June 8, 2011. -- Repealed and reenacted 2010 Ky. Acts ch. 107, sec. 5, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 57, sec. 1, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 158, sec. 2, effective July 1, 2008. -- Amended 2005 Ky. Acts ch. 129, sec. 2, effective March 18, 2005. -- Amended 2002 Ky. Acts ch. 179, sec. 1, effective July 15, 2002; and ch. 232, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 541, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 179, sec. 2, effective April 4, 1994. Amended 1992 Ky. Acts ch. 211, sec. 97, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 435, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 133, sec. 1, effective July 15, 1986; ch. 382, sec. 1, effective July 15, 1986; and ch. 478, sec. 6, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 344, sec. 44, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 259, sec. 2, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 190, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(15). -- Amended 1963 (2nd Extra. Sess.) Ky. Acts ch. 4, sec. 6. -- Created 1956 Ky. Acts ch. 101, sec. 10, effective May 18, 1956.

Amended by 2024 Ky. Acts ch. 174,§ 42, eff. 7/15/2024.

Amended by 2021 Ky. Acts ch. 175,§ 1, eff. 4/1/2021.

Amended by 2017 Ky. Acts ch. 158,§ 91, eff. 6/29/2017.

Effective:6/8/2011
Amended 2011, Ky. Acts ch. 2, sec. 32, effective6/8/2011. -- Repealed and reenacted 2010, Ky. Acts ch. 107, sec. 5, effective 7/15/2010. -- Amended 2009, Ky. Acts ch. 57, sec. 1, effective 6/25/2009. -- Amended 2008, Ky. Acts ch. 158, sec. 2, effective 7/1/2008. -- Amended 2005, Ky. Acts ch. 129, sec. 2, effective 3/18/2005. -- Amended 2002, Ky. Acts ch. 179, sec. 1, effective 7/15/2002; and ch. 232, sec. 1, effective 7/15/2002. -- Amended 1998, Ky. Acts ch. 541, sec. 2, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 179, sec. 2, effective 4/4/1994. - Amended 1992 Ky. Acts ch. 211, sec. 97, effective 7/14/1992. --Amended 1990 Ky. Acts ch. 435, sec. 1, effective 7/13/1990. -- Amended 1986 Ky. Acts ch. 133, sec. 1, effective 7/15/1986; ch. 382, sec. 1, effective 7/15/1986; and ch. 478, sec. 6, effective 7/15/1986. -- Amended 1982 Ky. Acts ch. 344, sec. 44, effective 7/15/1982. -- Amended 1978 Ky. Acts ch. 259, sec. 2, effective 6/17/1978. -- Amended 1976 Ky. Acts ch. 190, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(15). -- Amended 1963 (2nd Extra. Sess.) Ky. Acts ch. 4, sec. 6. -- Created 1956 Ky. Acts ch. 101, sec. 10, effective 5/18/1956.

Legislative Research Commission Note (7/15/2010). 2008 Ky. Acts ch. 107, sec. 12, provides that "The intent of the General Assembly in repealing and reenacting KRS 439.320, 439.340, and 532.200 in Sections 4, 5, and 10 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 158. The specific textual provisions of Sections 4, 5, and 10 of this Act which reflect amendments made to those sections by 2008 Ky. Acts ch. 158 shall be deemed effective as of April 24, 2008, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text from those sections being unaffected by the provisions of this section." This statute is affected by that language.