439.3405 Parole of prisoners with documented terminal medical conditions -Hearing.
(1)
(2)
(3)
(4)
(5)
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 board, may review the case of any prisoner and
release that prisoner on parole despite any elimination of or minimum time for
parole eligibility, when the prisoner has a documented terminal medical condition
likely to result in death within one (1) year or severe chronic lung disease, end-stage
heart disease, severe neuro-muscular disease such as multiple sclerosis; or has
severely limited mobility as a result of stroke, disease, or trauma; or is dependent on
external life support systems and would not pose a threat to society if paroled.
Medical information considered under this section shall be limited to the medical
findings supplied by Department of Corrections medical staff. The medical staff
shall provide in writing the prisoner's diagnosis and prognosis in support of the
conclusion that the prisoner suffers from a terminal medical condition likely to
result in death within one (1) year or because of the conditions set forth in
subsection (1) of this section he or she is substantially dependent on others for the
activities of daily living.
The medical information prepared by the Department of Corrections medical staff
under this section shall be forwarded to the medical director of the Department of
Corrections who shall submit that information and a recommendation for or against
parole review under this section to the commissioner of the Department of
Corrections or his or her designee. With the approval of the commissioner of the
Department of Corrections, a request for parole review under this section, along
with the medical information and medical director's recommendation, shall be
submitted to the board.
Medical information presented under this section shall be considered along with
other information relevant to a decision regarding the granting of parole and shall
not constitute the only reason for granting parole.
Notwithstanding KRS 439.340(5), in addition to or in conjunction with each review
conducted under subsection (1) of this section for any prisoner convicted of a Class
A or B felony, or of a Class C felony involving violence or a sexual offense and
prior to the granting of parole to any such prisoner, the Parole Board shall conduct a
hearing of which the following persons shall receive not less than fifteen (15) nor
more than thirty (30) days' notice:
(a) The Commonwealth's attorney, who shall notify the sheriff of every county
and the chief of police of every city and county in which the prisoner
committed any Class A, B, or C felony for which he or she is imprisoned; and
(b) All identified victims of the crimes or the next of kin of any victim who is
deceased.
Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means,
at the discretion of the board, and shall be in a manner that ensures receipt at the
Commonwealth attorney's business office. Notices received by chiefs of police and
sheriffs shall be posted in a conspicuous location where police employed by the
department may see it. Notices shall be posted in a manner and at a time that will
allow officers to make comment thereon to the Parole Board. Notice to victims or
their next of kin shall be made by mail, fax, or electronic means, at the discretion of
the board, to their last known address or telephone number as provided by the
Commonwealth's attorney to the Parole Board at the time of incarceration of the
prisoner. Notice to the victim or the next of kin of subsequent considerations for
parole after the initial consideration shall not be sent if the victim or the next of kin
gives notice to the board that he or she no longer wants to receive such notices. The
notice shall include the time, date, and place of the hearing provided for in this
subsection, and the name and address of a person to write if the recipient of the
notice desires to attend the hearing or to submit written comments.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 28, effective June 8, 2011. -- Amended
2007 Ky. Acts ch. 128, sec. 1, effective June 26, 2007. -- Amended 1998 Ky. Acts
ch. 606, sec. 78, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 179, sec. 5,
effective April 4, 1994.
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