Title XL, Crimes and Punishments

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…

(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…

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…

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…

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…

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…

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…

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…

(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 …

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…

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…

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…

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 …

-- 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…

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…

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…

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…

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…

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…

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…

The board may retain any prisoner on parole for a period of at least one (1) year.

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…

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…

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.

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…

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…

(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…

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.

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…

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…

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 …

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…

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.

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.

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…

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.

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.

(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…

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…

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) …