.340 Parole of prisoners confined in adult penal or correctional institutions.
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439.340 Parole of prisoners confined in adult penal or correctional institutions.
(1)
The board may release on parole persons confined in any adult state penal or
correctional institution of Kentucky or sentenced felons incarcerated in county jails
eligible for parole. All paroles shall issue upon order of the board duly adopted. As
soon as practicable after his admission to an adult state penal or correctional
institution or county jail if he is a sentenced felon, and at such intervals thereafter as
it may determine, the Department of Corrections shall obtain all pertinent
information regarding each prisoner, except those not eligible for parole. The
information shall include his criminal record, his conduct, employment, and attitude
in prison, and the reports of physical and mental examinations that have been made.
The Department of Corrections shall furnish the circumstances of his offense and
his previous social history to the institution and the board. The Department of
Corrections shall prepare a report on any information it obtains. It shall be the duty
of the Department of Corrections to supplement this report with any material the
board may request and submit the report to the board.
(2)
Before granting the parole of any prisoner, the board shall consider the pertinent
information regarding the prisoner and shall have him appear before it for interview
and hearing. The board in its discretion may hold interviews and hearings for
prisoners convicted of Class D felonies. The board in its discretion may request the
parole board of another state confining prisoners pursuant to KRS 196.610 to
interview eligible prisoners and make a parole recommendation to the board. A
parole shall be ordered only for the best interest of society and not as an award of
clemency, and it shall not be considered a reduction of sentence or pardon. A
prisoner shall be placed on parole only when arrangements have been made for his
proper employment or for his maintenance and care, and when the board believes he
is able and willing to fulfill the obligations of a law abiding citizen.
Notwithstanding any statute to the contrary, including KRS 440.330, when a
prisoner is otherwise eligible for parole and the board has recommended parole for
that prisoner for the reasons set forth in subsection (2) of this section, the board may
grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the
prisoner shall be released to the detainer from that jurisdiction. Such parole shall
not constitute a relinquishment of jurisdiction over the prisoner, and the board in all
cases expressly reserves the right to return the prisoner to confinement in a
correctional institution of the Commonwealth if the prisoner violates the terms of
his or her parole.
(3)
The board shall adopt administrative regulations with respect to the eligibility of
prisoners for parole, the conduct of parole and parole revocation hearings and all
other matters that come before it, or conditions to be imposed upon parolees.
Regulations governing the eligibility of prisoners for parole shall be in accordance
with professionally accepted ideas of correction and reform and may utilize in part
objective, performance-based criteria; however, nothing herein contained shall
preclude the board from utilizing its present regulations in conjunction with other
factors involved that would relate to the inmate's needs and the safety of the public.
(4)
The board shall insure that sentenced felons confined in county jails are considered
for parole within thirty (30) days of their parole eligibility date and the Department
of Corrections shall provide the necessary assistance and information to the board in
order for it to conduct timely parole reviews.
(5)
In addition to or in conjunction with each hearing conducted under subsection (2) of
this section for any prisoner convicted of a Class A, B, or C felony and prior to the
granting of a parole to any such prisoner, the parole board shall conduct a hearing of
which the following persons shall receive not less than forty-five (45) nor more than
ninety (90) days' notice: 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 is imprisoned, and 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, for prisoners incarcerated prior to July 15, 1986, by
mail, fax, or electronic means at the discretion of the board, and shall be in a
manner that ensures receipt by the Commonwealth's attorney, who shall forward the
notice promptly to the victims or their next of kin at their last known address. For
prisoners incarcerated on or after July 15, 1986, notice to the victims or their next of
kin shall be by mail from the Parole Board to their last known address 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.
(6)
Persons receiving notice as provided for in subsection (5) of this section may
submit comments, in person or in writing, to the board upon all issues relating to the
parole of the prisoner. The board shall read and consider all comments prior to
making its parole decision, if they are received by the board not less than seven (7)
days before the date for the hearing. The board shall retain all comments in the
prisoner's permanent Parole Board file, and shall consider them in conjunction with
any subsequent parole decisions affecting the prisoner. In addition to officers listed
in subsection (5) of this section, the crime victims or the next of kin of any victim
who is deceased or who is disabled and cannot attend the hearing or the parent or
legal guardian of any victim who is a minor may attend the hearing provided for in
subsection (5) of this section and present oral and written comments upon all issues
relating to the parole of the prisoner, if they have advised the board, in writing
received by the board not less than seven (7) days prior to the date set for the
hearing, of their intention to attend the hearing. The board shall receive and
consider all comments, shall make a record of them which it shall retain in the
prisoner's permanent Parole Board file, and shall consider them in conjunction with
any subsequent parole decision affecting the prisoner. Persons appearing before the
Parole Board pursuant to this subsection may elect to make their presentations
outside of the presence of the prisoner.
(7)
Victims of Class D felonies may submit comments in person or in writing to the
board upon all issues relating to the parole of a prisoner.
(8)
Any hearing provided for in subsections (5), (6), and (7) of this section shall be
open to the public unless the persons having a right to appear before the board as
specified in those subsections request closure of hearing for reasons of personal
safety, in which event the hearing shall be closed. The time, date, and location of
closed hearings shall not be disclosed to the public.
(9)
Except as specifically set forth in this section, nothing in this section shall be
deemed to expand or abridge any existing rights of persons to contact and
communicate with the Parole Board or any of its members, agents, or employees.
(10)
The unintentional failure by the Parole Board, sheriff, chief of police, or any of its
members, agents, or employees or by a Commonwealth's attorney or any of his
agents or employees to comply with any of the provisions of subsections (5), (6),
and (8) of this section shall not affect the validity of any parole decision or give rise
to any right or cause of action by the crime victim, the prisoner, or any other person.
(11)
No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be
granted parole unless he has successfully completed the Sexual Offender Treatment
Program.
(12)
Any prisoner who is granted parole after completion of the Sexual Offender
Treatment Program shall be required, as a condition of his parole, to participate in
regular treatment in a mental health program approved or operated by the
Department of Corrections.
(13)
When an order for parole is issued, it shall recite the conditions thereof.
Effective: March 18, 2005
History: Amended 2005 Ky. Acts ch. 129, sec. 2, effective March 18, 2005. --
Amended 2002 Ky. Acts ch. 179, sec. 1, effective July 15, 2002; and ch. 232, sec. 1,
effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 541, sec. 2, effective July 15,
1998. -- Amended 1994 Ky. Acts ch. 179, sec. 2, effective April 4, 1994. Amended
1992 Ky. Acts ch. 211, sec. 97, effective July 14, 1992. -- Amended 1990 Ky. Acts
ch. 435, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 133, sec. 1,
effective July 15, 1986; ch. 382, sec. 1, effective July 15, 1986; and ch. 478, sec. 6,
effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 344, sec. 44, effective July
15, 1982. -- Amended 1978 Ky. Acts ch. 259, sec. 2, effective June 17, 1978. --
Amended 1976 Ky. Acts ch. 190, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. V,
sec. 24(15). -- Amended 1963 (2nd Extra. Sess.) Ky. Acts ch. 4, sec. 6. -- Created
1956 Ky. Acts ch. 101, sec. 10, effective May 18, 1956.