Title XL, Crimes and Punishments
11 chapters · 441 sections in this title.
KRS § 439.177 Parole privileges for certain misdemeanants -- Duties of sentencing judge
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(1) Any misdemeanant may petition the sentencing court for parole privileges. (2) The sentencing judge shall study the record of all persons petitioning for parole and, in his discretion, may: (a) Cause additional background or character information to be collected or reduced to …
KRS § 439.179 Release of misdemeanants -- Purposes for which permitted -- Earnings of prisoner, records, and disposition -- Authority of District Judge and jailer
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Earnings of prisoner, records, and disposition -- Authority of District Judge and jailer. (1) Any person sentenced to a jail for a misdemeanor, nonpayment of a fine or forfeiture, or contempt of court, may be granted the privilege of leaving the jail during necessary and reasonab…
KRS § 439.250 Definitions for KRS 439.250 to 439.560
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As used in KRS 439.250 to 439.560, unless the context requires otherwise: (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…
KRS § 439.265 Shock probation in felony conviction -- Procedure -- Exclusions -- Comprehensive sex offender presentence evaluation -- Exercise of authority
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Comprehensive sex offender presentence evaluation -- Exercise of authority. (1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any Circuit Court may, upon motion of the defendant made not earlier than thirty (30) days nor later than one hundred eighty (180)…
KRS § 439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of authority -- Availability for sexual offenders
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authority -- Availability for sexual offenders. (1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District Court, or any Circuit Court with respect to a defendant convicted in Circuit Court of a misdemeanor, may, upon motion of the defendant made not e…
KRS § 439.268 Probation program credits
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(1) Any supervised individual on probation, probation with an alternative sentence, or conditional discharge shall receive credit on his or her sentence for: (a) Successfully receiving a High School Equivalency Diploma or a high school diploma, a college degree, a completed vocat…
KRS § 439.310 Administration of probation and parole laws
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The commissioner, with the approval of the secretary and the Governor, shall appoint a person charged with the administration of probation and parole laws, who, with the approval of the commissioner, shall appoint a number of probation and parole officers and other employees suff…
KRS § 439.3101 Administrative regulations requiring supervision and treatment in accordance with evidence-based practices
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accordance with evidence-based practices. (1) The department shall promulgate administrative regulations that require the supervision and treatment of supervised individuals in accordance with evidence- based practices. (2) The administrative regulations shall, at a minimum, incl…
KRS § 439.3102 Training and professional development for department personnel concerning implementation of evidence-based practices
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concerning implementation of evidence-based practices. (1) The department shall provide its employees with intensive initial and on-going training and professional development services to support the implementation of evidence-based practices. (2) The training and professional de…
KRS § 439.3103 Annual report on efforts to implement evidence-based practices to reduce recidivism -- Administrative regulations
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recidivism -- Administrative regulations. (1) By December 1 of each year the department shall submit to the Governor, the Legislative Research Commission for referral to the Interim Joint Committee on Judiciary, and the Chief Justice a comprehensive report on its efforts to imple…
KRS § 439.3104 Duties of department concerning risk and needs assessment instrument
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The department shall: (1) Conduct an initial administration of a validated risk and needs assessment instrument on an individual upon intake to community supervision, unless an initial assessment has been previously conducted within a reasonable time period as specified in depart…
KRS § 439.3105 Administrative caseload supervision program for supervised offenders -- Administrative regulations
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Administrative regulations. (1) The department shall promulgate administrative regulations in accordance with the provisions of this section to establish an administrative caseload supervision program for supervised individuals whose results from a risk and needs assessment indic…
KRS § 439.3106 Sanctions to which supervised individuals are subject
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(1) Supervised individuals shall be subject to: (a) Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individual or the community…
KRS § 439.3107 System of graduated sanctions for violations of conditions of community supervision -- Administrative regulations
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supervision -- Administrative regulations. (1) The department shall, by January 1, 2012, adopt a system of graduated sanctions for violations of conditions of community supervision. Notwithstanding KRS Chapter 533, the system shall set forth a menu of presumptive sanctions for th…
KRS § 439.3108 Modification of conditions of community supervision -- Department to reimburse local correctional or detention facilities or residential centers -- Imposition of graduated sanctions
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reimburse local correctional or detention facilities or residential centers -- Imposition of graduated sanctions. (1) Notwithstanding any administrative regulation or law to the contrary, including KRS 439.340(3)(b), the department or board may: (a) Modify the conditions of commu…
KRS § 439.3109 Quarterly review of recommended confinement sanctions
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The probation and parole district supervisor shall review confinement sanctions recommended by probation and parole officers on a quarterly basis to assess any disparities that may exist among officers, evaluate the effectiveness of the sanction as measured by the supervised indi…
KRS § 439.3110 Pregnancy release conditions for eligible persons reasonably believed to have a substance use disorder
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have a substance use disorder. (1) As used in this section: (a) "Eligible person" means a person who is: 1. A pregnant woman; 2. Reasonably believed by a court or the department to have a substance use disorder; 3. Not charged or convicted of an offense that would qualify the per…
KRS § 439.315 Payment of fee by released person -- Amount -- Waiver of payment -- Applicable to persons released by county containing a city of the first class or urban-county government
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Applicable to persons released by county containing a city of the first class or urban-county government. (1) A person placed by a releasing authority on probation, parole, or other form of release subject to supervision by the Department of Corrections and all persons supervised…
KRS § 439.320 Parole Board -- Member qualifications, terms, compensation -- Chairperson -- Administrative regulations -- Quorum
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Chairperson -- Administrative regulations -- Quorum. (1) (a) The Governor shall appoint a Parole Board consisting of nine (9) full-time members to be confirmed by the Senate in accordance with KRS 11.160. (b) The Governor shall make each appointment from a list of three (3) names…
KRS § 439.330 Duties of board
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(1) The board shall: (a) Study the case histories of persons eligible for parole, and deliberate on that record; (b) Conduct reviews and hearings on the desirability of granting parole; (c) Impose upon the parolee or conditional releasee such conditions as it sees fit; (d) Order …
KRS § 439.331 Risk and needs assessment of criminal risk factors of parole-eligible inmates
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inmates. The department shall: (1) Administer a validated risk and needs assessment to assess the criminal risk factors of all inmates who are eligible for parole, or a reassessment of a previously administered risk and needs assessment, before the case is considered by the board…
KRS § 439.335 Scientific means of personality analysis to be used to establish level, intensity, terms, and conditions of supervision
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intensity, terms, and conditions of supervision. (1) In considering the granting of parole and the terms of parole, the parole board shall use the results from an inmate's validated risk and needs assessment and any other scientific means for personality analysis that may hereaft…
KRS § 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
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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 senten…
KRS § 439.3401 Violent offenders -- Conditions for release -- Applicability of section to victim of domestic violence or abuse -- Time of offense -- Prohibition against award of credit
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victim of domestic violence or abuse -- Time of offense -- Prohibition against award of credit. (1) As used in this section, "violent offender" means any person who has been convicted of or pled guilty to the: (a) Commission or attempted commission of: 1. A capital offense; 2. A …
KRS § 439.3402 Exemption from KRS 439.3401 for victims of domestic violence and abuse -- Procedures -- Effect
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-- Procedures -- Effect. (1) Any violent offender as defined in KRS 439.3401 who was convicted prior to July 14, 1992, who claims to come within the definitions of KRS 503.050 and 533.060 and the purview of this section as the victim of domestic violence and abuse may be exempt f…
KRS § 439.3403 Reconsideration of parole of inmate given deferment or serve-out longer than sixty months -- Exceptions -- Hearings
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than sixty months -- Exceptions -- Hearings. (1) Except as provided in subsection (2) of this section, the board shall reconsider the parole of any prisoner as of June 8, 2011, who was given a deferment or serve-out of longer than sixty (60) months at the prisoner's most recent p…
KRS § 439.3405 Parole of prisoners with documented terminal medical conditions -- Hearing
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Hearing. (1) Notwithstanding any statute eliminating parole or establishing minimum time for parole eligibility for a certain class or status of offender, including KRS 439.340(11), 439.3401, 532.080(7), and 533.060, the board, with the written consent of a majority of the full b…
KRS § 439.3406 Mandatory reentry supervision six months prior to projected completion date of inmate's sentence for inmate not granted discretionary parole -- Exceptions -- Terms of supervision -- No credit for time absconding -- Report
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date of inmate's sentence for inmate not granted discretionary parole -- Exceptions -- Terms of supervision -- No credit for time absconding -- Report. (1) The board shall order mandatory reentry supervision six (6) months prior to the projected completion date of an inmate's sen…
KRS § 439.3407 Conditional parole of state inmates to be served in local correctional facility, jail, or reentry center -- Administrative regulations -- Work release
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facility, jail, or reentry center -- Administrative regulations -- Work release. (1) The department may promulgate administrative regulations to implement conditional parole of state inmates incarcerated in state corrections institutions or local correctional facilities or county…
KRS § 439.3408 Department to approve any acceptable housing for parolees
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When considering appropriate housing options for a person considered for parole or a person who is being paroled, the department shall approve any form of acceptable housing, including but not limited to apartments, shelters for homeless or other persons, county jails or restrict…
KRS § 439.341 Probable cause revocation hearings of probation, parole, and postincarceration supervision violators
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postincarceration supervision violators. Probable cause revocation hearings of probation, parole, and postincarceration supervision violators shall be conducted by hearing officers. These hearing officers shall be attorneys, appointed by the board and admitted to practice in Kent…
KRS § 439.342 Retention of prisoner on parole
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The board may retain any prisoner on parole for a period of at least one (1) year.
KRS § 439.344 Effect of parole time on sentence -- Exceptions
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The period of time spent on parole shall count as a part of the prisoner's sentence, except when a parolee is: (1) Returned to prison as a parole violator for a new felony conviction; (2) Returned to prison as a parole violator after charges have been filed or an indictment has b…
KRS § 439.345 Compliance credits for eligible parolees -- Definitions -- Administrative regulations
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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) Mak…
KRS § 439.346 Prisoner paroled or under postincarceration supervision subject to orders of board
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of board. During the period of his or her parole or postincarceration supervision, the prisoner shall be amenable to the orders of the board and the department.
KRS § 439.348 Paroled prisoner under supervision of department -- Cessation
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Paroled prisoners shall be under the supervision of the department and subject to its direction for the duration of parole. Supervision of the parolee by the department shall cease at the time: (1) Of recommitment of the prisoner to prison as a parole violator, including recommit…
KRS § 439.352 Recommitment of supervised individual on parole or post-release supervision -- Effect
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supervision -- Effect. Recommitment of a supervised individual on parole or post-release supervision to prison or jail on a new sentence received for commission of a crime while on parole or other post-release supervision shall automatically terminate his or her parole or other p…
KRS § 439.354 Final discharge of paroled prisoner -- Conditions
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(1) Except as provided in subsection (2) of this section, when any paroled prisoner has performed the obligations of his or her parole during his or her period of active parole supervision the board may, at the termination of such period to be determined by the board, issue a fin…
KRS § 439.356 Final discharge -- Effect
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After final discharge has been ordered and a certificate issued by the board, or after the parolee's civil rights have been restored by an act of the Governor, the parolee may not be held again for a violation of that parole.
KRS § 439.358 Final discharge provisions -- Application
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The provisions of granting final discharges from parole, and the release from being again confined on the same sentence in the penitentiary following the granting of such discharge or following the restoration of the parolee's civil rights, as set out in KRS 439.342 to 439.358, s…
KRS § 439.370 Commonwealth's attorney to cause to be transmitted to the institution a concise statement of facts adduced at trial or hearing
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concise statement of facts adduced at trial or hearing. It shall be the duty of the Commonwealth's attorney after the imposition of prison sentence, unless the defendant is granted probation, to cause to be forthwith transmitted to the institution with the commitment papers, a co…
KRS § 439.380 Prison officials to furnish members of board with access to prisoner, facilities for communicating with prisoner, reports and other facts
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facilities for communicating with prisoner, reports and other facts. It shall be the duty of all prison officials to furnish members of the board, or its properly accredited representatives: (1) Access at all reasonable times, to any prisoner over whom the board has jurisdiction …
KRS § 439.390 Board may issue subpoenas -- Penalty for false testimony or failure to comply with subpoena -- Circuit Court may compel the attendance of witnesses, production of documents and giving of testimony before board
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comply with subpoena -- Circuit Court may compel the attendance of witnesses, production of documents and giving of testimony before board. The board shall have the power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, pape…
KRS § 439.410 Board's order to be sufficient authority to officer in charge of state penal institution to release from custody paroled or conditionally released prisoner
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institution to release from custody paroled or conditionally released prisoner. An order of the board shall be sufficient warrant and authority to the officer in charge of any state penal institution to release from custody any paroled prisoner or conditionally released prisoner.
KRS § 439.420 Person out on parole not to be required to wear regulation dress of penitentiary
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penitentiary. No person shall be required to wear the regulation dress of the penitentiary or other thing indicating he is under conviction for a crime while out on parole.
KRS § 439.430 Parole officer may arrest parolee or person subject to postincarceration supervision, when -- Detention -- Report to commissioner -- Return of prisoner to prison -- Prisoner for whose return a warrant has been issued to be deemed a fugitive from justice -- Effect of violation of parole
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supervision, when -- Detention -- Report to commissioner -- Return of prisoner to prison -- Prisoner for whose return a warrant has been issued to be deemed a fugitive from justice -- Effect of violation of parole. (1) Any parole officer having reason to believe that a parolee or…
KRS § 439.440 Prisoner returned to state custody for violation of release to be heard by board -- Time
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board -- Time. Any prisoner returned to state custody for violation of his or her release shall be heard by the board within sixty (60) days on the propriety of his or her rerelease.
KRS § 439.450 Board to make investigation and report to Governor
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On request of the Governor the board shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve or remission of fine or forfeiture.
KRS § 439.470 Powers and duties of commissioner
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(1) The commissioner shall promulgate administrative regulations for the conduct of persons placed on probation or parole, except that the commissioner shall not promulgate any administrative regulation which conflicts with the conditions of probation imposed by the court or cond…
KRS § 439.480 Duties of probation and parole officers
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Probation and parole officers shall: (1) Investigate all cases referred to them for investigation by the commissioner or by any court in which they are authorized to serve; (2) Furnish to each person released under their supervision a written statement of the conditions of probat…