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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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