Title XL, Crimes and Punishments

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…

(1) If a convict escapes from a penitentiary, or is inadvertently released prior to the expiration of the sentence, the warden of that penitentiary shall issue a warrant directed to all peace officers and other persons authorizing and requiring them to capture and convey the conv…

An escaped convict, after he is reconfined, shall remain in the penitentiary until the time of his trial for the escape without an examining trial or bail. His acquittal for the offense of escape shall not affect the original sentence.

If any person in custody under an execution, on mesne or final process, by any order of a judge or on a charge of crime escapes, any judge, upon complaint and affidavit made of the fact, shall issue as many warrants for his capture directed to all peace officers as he deems neces…

Any officer and his sureties shall be liable, in an action upon his official bond, for the use of the parties aggrieved, in any damages resulting from his voluntarily or negligently permitting the escape of a prisoner in custody. No judgment in such action shall be given unless t…

Any person who aids a prisoner to escape, or knowingly conceals him after he escapes, or in any way hinders or prevents his capture shall be liable to the party aggrieved for any damages sustained.

(1) The officer of a house of reform and any peace officer or citizen may arrest, without warrant, and return to the institution, any child who escapes from a house of reform or home in which an inmate has been placed on parole. (2) A peace officer shall arrest any child known by…

When the Governor of this state makes requisition upon the Governor of another state for a fugitive from justice, the person named in the requisition as the agent of this state shall, unless a different condition is contained in his commission, be allowed as compensation from the…

In aggravated cases of murder and other felonies against the person when the accused flees from justice, the Governor, on petition of the Circuit or District Judge of the county, may issue a proclamation offering a reward of not more than five hundred dollars ($500) for the appre…

(1) Whenever the Governor issues a proclamation offering a reward for a fugitive from justice or anyone charged with crime, he shall designate in his proclamation the jail to which the prisoner shall be delivered. It need not be the jail of the county where the offense was commit…

Anyone claiming a reward for the apprehension of a fugitive from justice shall be paid the amount of the reward as full compensation for all services and expenses in arresting and returning the fugitive.

probation or parole violator. (1) The secretary of corrections may deputize the head of an agency of another state which is charged by that state with enforcement of penal laws to act as an agent of this state in effecting the return to this state of any person who has violated t…

KRS 440.150 to 440.420 may be cited as the Uniform Criminal Extradition Act.

Where appearing in KRS 440.150 to 440.420, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state othe…

Subject to the provisions of KRS 440.150 to 440.420, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive…

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under KRS 440.210, that the accused was present in the demanding state at the time of the commission of the allege…

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any other officer of this state to investigate or assist in investigatin…

involuntary departure. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the e…

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in KRS 440.180 with committing an act in this state, or in a third state, intentionally resulting in…

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substa…

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the…

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against thos…

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a Circuit Court or District Court in this state, who shall inform hi…

extradition. (1) The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keep…

Procedure -- Warrant required. (1) Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under KRS 440.210, with having fled from ju…

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, bu…

If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under KRS 440.210, that he has fled from justice, the judge must, by a warrant reciting the accusation, commit him t…