.320   Parole board -- Members' qualifications, terms, compensation -- Chairman -- Administrative regulations -- Quorum -- Part-time members -- Executive director.

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439.320 Parole board -- Members' qualifications, terms, compensation -- Chairman
-- Administrative regulations -- Quorum -- Part-time members -- Executive
director.
(1)
The Governor shall appoint a Parole Board consisting of seven (7) full-time
members and two (2) part-time members, as described in subsection (7) of this
section, to be confirmed by the Senate in accordance with KRS 11.160. Each of the
two (2) part-time members shall be from a different political party. The Governor
shall make each appointment for full-time and part-time members from a list of
three (3) names given to him by the Commission on Correction and Community
Service. Each member appointed to the board shall have had at least five (5) years
of actual experience in the field of penology, correction work, law enforcement,
sociology, law, education, social work, medicine, or a combination thereof, or have
served at least five (5) years previously on the Parole Board. No more than five (5)
board members shall be of the same political party. The board shall be attached to
the Justice Cabinet for administrative purposes only; the Department of Corrections
shall provide any clerical, stenographic, administrative, and expert staff assistance
the board deems necessary to carry out its duties.
(2)
The Governor shall name one (1) full-time member as chairman of the board.
(3)
The full-time members of the board shall give full time to the duties of their office
and shall receive necessary traveling expenses and a salary to be determined
pursuant to KRS 64.640(2), except the chairman of the board shall receive
additional compensation of one thousand dollars ($1,000) per year for his services.
Their terms of office shall be four (4) years and until their successors are appointed
and have qualified. Their successors shall be appointed thereafter as provided in this
section for terms of four (4) years, and a vacancy occurring before expiration of the
term of office shall be similarly filled for the unexpired term. The chairman of the
board shall serve as such until the expiration of his term at which time the Governor
shall name his successor and designate the chairman of the board. If a vacancy
occurs in the chairmanship of the board before the expiration of the term, the
Governor may name a successor to serve for the remainder of the unexpired term.
(4)
The organization of the board shall be determined by the chairman and shall be
consistent with administrative regulations promulgated pursuant to KRS 439.340.
For policy and procedural matters, four (4) members shall constitute a quorum.
Parole and final parole revocation hearings may be done by panels of the board,
subject to the following requirements:
(a)  If a two (2) member panel is utilized, both members of the panel shall agree
on the decision or the matter shall be referred to the full board;
(b)  If a three (3) member panel is utilized, two (2) of the three (3) members of the
panel shall agree on a decision or the matter shall be referred to the full board;
and
(c)  If a panel of four (4) or more members is utilized, a majority of the panel shall
agree on a decision or the matter shall be referred to the full board.
(5)
The Governor may not remove any member of the board except for disability,
inefficiency, neglect of duty, or malfeasance in office. Before removal, he shall give
the member a written copy of the charges against him and shall fix the time when he
can be heard in his defense, which shall not be less than ten (10) days thereafter.
Upon removal, the Governor shall file in the office of the Secretary of State a
complete statement of all charges made against the member and the findings
thereupon with a record of the proceedings.
(6)
Upon the expiration of the terms of office of the two (2) full-time board members
whose terms expire May 23, 1994, the Governor shall appoint two (2) full-time
members to serve terms which will expire June 30, 1995. Thereafter, appointments
to these two (2) full-time terms shall be for four (4) years and shall be filled as
provided for in subsection (3) of this section. The Governor may reappoint present
members if they meet the qualifications set forth in subsection (1) of this section.
(7)
The part-time members may participate in considering the grant or revocation of
parole at the request of the chairman. No more than one (1) part-time Parole Board
member shall serve on any panel of the board as set forth in subsection (4) of this
section. The part-time Parole Board member called upon to serve shall be paid at a
per diem rate equal to the per diem rate for the salary of a newly appointed full-time
member and shall receive necessary travel expenses. The part-time Parole Board
member shall serve for a period of four (4) years from the date of appointment and
may be reappointed.
(8)
The office of executive director of the Parole Board is created. The office shall be
headed by an executive director who shall be appointed by and directly responsible
to the secretary of the Justice Cabinet in matters relating to administration. The
executive director shall be responsible for the support services to the Parole Board
in the area of financial, personnel, and facilities management; shall provide
recommendations on administrative issues affecting the board to the secretary of the
Justice Cabinet, the chairman of the Parole Board, and Parole Board members; shall
review and draft legislation and promulgate administrative regulations for the
board; and shall review parole data and conduct long-range planning as relevant to
the planning needs of the board.
Effective: March 18, 2005
History: Amended 2005 Ky. Acts ch. 129, sec. 1, effective March 18, 2005. --
Amended 2000 Ky. Acts ch. 298, sec. 1, effective July 14, 2000; and ch. 456, sec. 2,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 541, sec. 1, effective July 15,
1998. -- Amended 1994 Ky. Acts ch. 179, sec. 3, effective July 15, 1994; and ch.
227, sec. 11, effective July 15, 1994. ­ Amended 1992 Ky. Acts ch. 211, sec. 96,
effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 412, sec. 1, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 92, sec. 1, effective July 15, 1986. -- Amended
1982 Ky. Acts ch. 344, sec. 42, effective July 15, 1982. -- Amended 1978 Ky. Acts
ch. 155, sec. 159, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 83, sec. 14,
effective March 29, 1976. -- Amended 1972 Ky. Acts ch. 291, sec. 1. -- Amended
1963 (2nd Extra. Sess.) Ky. Acts ch. 4, sec. 4. -- Created 1956 Ky. Acts ch. 101,
sec. 8, effective May 18, 1956.