Title XL, Crimes and Punishments

registration laws -- Necessary documents. (1) Each probation and parole officer shall be trained in the requirements of the sexual offender registration laws and shall be able to: (a) Register or reregister a sexual offender; and (b) Answer questions about the sexual offender reg…

retirement purposes. The position of probation and parole officer shall be considered as a hazardous duty position within the meaning of KRS 61.592 and the department shall make the employer contributions required for participation in the Hazardous Duty Retirement Program.

(1) No probation or parole officer of the department shall: (a) Use his office to influence elections, or to influence the political action of any person; (b) Serve as a member of the campaign committee of any political party; (c) Interfere with or participate in the preparation …

Exception. All information obtained in the discharge of official duty by any probation or parole officer shall be privileged and shall not be received as evidence in any court. Such information shall not be disclosed directly or indirectly to any person other than the court, boar…

The department, with the written approval of the secretary and the Governor, may: (1) Enter into an agreement with the governing body of any county or city of this state for their payment of part of the costs of the performance of services within the county or city by the departm…

Corrections, or by adult misdemeanant probation and work release agency of urban-county government. (1) If any District Court places a person on probation following a conviction of crime, either upon verdict or plea, the court may request that the defendant be under the supervisi…

regulations. (1) The department shall promulgate administrative regulations to develop a system of graduated sanctions for responding to technical violations of probation. The department shall consult with the Supreme Court when promulgating these administrative regulations. (2) …

(1) The department shall promulgate administrative regulations in consultation with the Supreme Court to establish procedures to: (a) Recommend to the court the early termination of probation for a supervised individual who has: 1. Fulfilled the terms of his or her case plan; 2. …

For supervised individuals on probation, the court having jurisdiction of the case shall determine the conditions of community supervision and may impose as a condition of community supervision that the department supervising the individual shall, in accordance with KRS 439.3108,…

Any prisoner having served the term for which he has been sentenced for a crime he committed after June 16, 1972, less good time deduction, if any has been accumulated, shall be released by minimum expiration of sentence.

(1) The Governor of this Commonwealth is authorized and directed to execute a compact on behalf of the Commonwealth with any of the United States legally joining therein in the form substantially as follows: ARTICLE I PURPOSE The compacting states to this Interstate Compact recog…

Membership -- Meetings -- Reimbursement -- Administrative regulations. (1) To oversee the intrastate affairs of the Interstate Compact for Adult Offender Supervision, the Kentucky Council for Interstate Adult Offender Supervision is created and attached to the Office of the Secre…

parole. (1) When there is an identified victim of a defendant's crime to whom restitution has been ordered but not yet paid in full, or restitution has been ordered paid to a government agency and has not yet been paid in full, the Parole Board shall order the defendant to pay re…

detention -- Notice to sending state -- Applicability of supervision fee and of drug testing and substance abuse treatment fee. (1) All persons accepted for supervision under the terms of the interstate compact as set forth in KRS 439.560 shall be subject to arrest or detention b…

(1) There is hereby created a program for prerelease probation of inmates confined in correctional facilities under the jurisdiction of or under contract to the Department of Corrections. (2) Any inmate who is in a prerelease program or eligible for a prerelease program as specif…

As used in KRS 439.590 to 439.630, unless the context otherwise requires: (1) "Secretary" means the secretary of the Justice and Public Safety Cabinet; (2) "Commissioner" means the commissioner of the Department of Corrections; (3) "Department" means the Department of Corrections…

The Department of Corrections may establish community residential correctional centers at locations approved by the legislative body of the area where located as places of confinement for convicted felons. The commissioner, or a person the commissioner delegates, may, at his own …

(1) The commissioner, or a person he delegates, may extend the limits of the place of confinement of a prisoner if there is reasonable cause to believe the prisoner will honor his trust, by authorizing him, under prescribed conditions, to: (a) Visit specifically designated places…

The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to an institution or facility to which he was committed or transferred to after commitment, constitutes an escape from custody punishable as provided…

Before securing employment for any prisoner under the provisions of KRS 439.600, the commissioner shall determine: (1) That the paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of avail…

The authority conferred upon the commissioner, or the person the commissioner delegates, to extend the limits of confinement of a prisoner or to grant furloughs by KRS 439.580 to 439.630, extends to all persons committed to any correctional institution or facility.

- Commissioner to recommend regulations. (1) The commissioner of the Department of Corrections may, during the last ninety (90) days of confinement of an inmate committed to a correctional facility maintained and operated by the department, permit an inmate to participate in a vo…

As used in KRS 439.650 to 439.657: (1) "Department" means the Department of Corrections; (2) "Drug" means alcohol or a controlled substance as defined in KRS 218A.010; (3) "Drug supervision session" means a meeting between the reentry team and the participant to discuss the parti…

Evaluation -- Reports -- Administrative regulations. (1) By March 2018, the department shall implement a reentry drug supervision pilot program with the goal of restoring lives and reducing recidivism through oversight and behavior modification. (2) The reentry drug supervision p…

members, training, and functions -- Confidentiality of proceedings -- Exception. (1) The reentry team shall administer and oversee the reentry drug supervision pilot program. The team shall consist of the following members: (a) A department hearing officer shall lead the reentry …

assessments -- Factors to be considered -- Conditions of referral. (1) The department shall implement the reentry drug supervision pilot program created under KRS 439.651 for inmates or parolees placed in the pilot program pursuant to this section. (2) Inmates or parolees may be …

(1) The reentry drug supervision pilot program shall consist of two (2) phases lasting a minimum of twelve (12) months or until sentence completion, whichever occurs first. Both phases shall occur after the participant is paroled. (2) The first phase is an education phase. For th…

If reentry drug supervision pilot program participation as outlined in KRS 439.654 is impracticable due to inpatient treatment or similar circumstances in which the participant is being monitored by an authorized third party, the participant shall be placed in suspended status. U…

fault of his or her own. If a participant cannot complete the pilot program through no fault of his or her own, he or she may be administratively discharged. If the reentry team determines that administrative discharge is appropriate, the department shall determine whether to mov…

Participants may request voluntary termination from the pilot program. If the reentry team determines the request is knowingly and voluntarily made, the participant shall be referred to the Parole Board for revocation. If voluntarily terminated, the reentry team shall determine w…

(1) Any warden or other officer of any prison or any peace officer who willfully fails or refuses to execute or obey the orders of the department, one (1) of its divisions, or the board, under any provision of KRS 439.250 to 439.560, shall be fined not less than twenty-five dolla…