KentuckyHB 5292026 Regular SessionHouseWALLET

AN ACT relating to the Parole Board and declaring an emergency.

Sponsored By: Daniel Elliott (Republican)

Signed by Governor

Boards And CommissionsGovernorProbation And Parole

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Faster reviews and limits on deferrals

Nonviolent Class D felons with one- to five-year sentences get a parole review after serving 15% of the sentence or two months, whichever is longer. All sentenced felons with 180 or more days left must be considered at least 60 days before their parole-eligibility date. If parole is denied for a nonviolent, non-sex Class C or D felony, the next review can be deferred no more than 24 months. Longer than five years for others needs a majority of the full Board, and no deferment can exceed 10 years except for life sentences.

Nine-member full-time Parole Board set

The law sets a full-time Parole Board with nine members. The Governor picks members from three-name lists and the Senate confirms them. Members need at least five years of related experience, and no more than six can be from one party. The Governor names the chair, who gets an extra $1,000 a year. Terms are four years and staggered, with one successor in 2026 serving two years. The Board is attached to the Justice and Public Safety Cabinet, and the Department of Corrections supplies staff. Five members make a quorum for policy, panels vote by set rules, and members can be removed only for cause with notice. These sections take effect immediately under the emergency clause.

Risk-based parole reviews and rules

The Department of Corrections must give the Parole Board key records for each prisoner. This includes the latest risk and needs check, criminal record, conduct, work, medical exams, offense details, and social history. Before granting parole, the Board reviews the latest risk and needs assessment and interviews the prisoner. The Board may ask another state’s board to interview eligible prisoners housed out of state. The Board must set rules that follow accepted correction practices and may use objective, risk-based criteria.

More victim notice and safety options

For Class A, B, C felonies and Class D sex crimes, the Board gives hearing notice 45 to 90 days in advance to prosecutors and identified victims or next of kin. People who get notice can send comments; if sent at least seven days before, the Board must read and keep them. Victims, next of kin, or a parent/guardian of a minor victim may attend if they give seven days’ written notice. Who sends victim notice depends on incarceration dates: before July 15, 1986 the Commonwealth’s attorney sends it; on or after that date the Board mails it. For Class D sex crimes, the same rule applies using April 1, 2021 as the date. Victims can opt out of future notices. Hearings close to the public if someone entitled to appear asks for closure for safety, and details stay confidential. An unintentional failure to follow notice or hearing rules does not change a parole decision and does not create a right to sue.

Parole release to other detainers allowed

The Board may grant parole and release an eligible prisoner to another jurisdiction that has a detainer. Kentucky keeps its jurisdiction. The Board can return the person to custody if parole terms are broken.

Stricter parole conditions and placements

Parole orders must list all conditions, and the Board may require an evidence-based violence reduction program. Eligible sexual offenders must finish the Sexual Offender Treatment Program before parole. After release, they must attend regular treatment in a Department-approved mental health program. When parole is tied to program completion, the Department chooses the best placement. Nonresidential release is allowed only if the parolee has appropriate community housing.

Sponsors & Cosponsors

Sponsor

Daniel Elliott
Republican • House

Cosponsors

George Brown Jr.
Democrat • House
Jason Nemes
Republican • House

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

Senate vote • 3/25/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 2/18/2026