.430   Parole officer may arrest parolee, when -- Detention of parolee -- Report to commissioner -- Return of prisoner to prison -- Prisoner for whose return a warrant has been issued to be deemed a fugitive from justice -- Effect of violation of parole.

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439.430 Parole officer may arrest parolee, when -- Detention of parolee -- Report to
commissioner -- Return of prisoner to prison -- Prisoner for whose return a
warrant has been issued to be deemed a fugitive from justice -- Effect of
violation of parole.
(1)
Any parole officer having reason to believe that a parolee has violated the terms of
his release may arrest the parolee without a warrant or may deputize any other peace
officer to do so by giving him a written statement setting forth that the parolee, in
the judgment of the parole officer, has violated the conditions of his release. The
written statement delivered with the parolee by the arresting officer to the official in
charge of the station house, jail, workhouse, or other place of detention, shall be
sufficient warrant for the detention of the parolee. The parole officer who arrests or
causes the arrest of the prisoner shall notify the commissioner or his designee at
once of the arrest and detention of the parolee, and shall submit in writing a report
showing in what manner there has been a violation of the conditions of release.
Thereupon, if the commissioner or his designee believes the parolee should be
returned to prison, the commissioner or his designee at once shall submit his
recommendations to the board, and, if the board approves, it shall issue a warrant
upon which the releasee shall be returned to prison; otherwise the prisoner shall be
released upon the order of the commissioner or his designee.
(2)
A written statement, approved by the commissioner or his designee, by a parole
officer, and filed with the board setting forth that the parolee in the judgment of the
officer has violated the condition of his release, shall be sufficient cause for the
board, in its discretion, to issue a warrant for the arrest of the parolee, or for his
return to prison.
(3)
A prisoner for whose return a warrant has been issued by the board, shall be deemed
a fugitive from justice or to have fled from justice. If it shall appear he has violated
the provisions of his release, the time from the issuing of the warrant to the date of
his arrest shall not be counted as any part of the time to be served in determining his
final discharge eligibility date from parole if the board in its discretion so orders.
(4)
The Parole Board may at its discretion issue a warrant for any parolee when in its
judgment the condition of release has been violated.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 211, sec. 110, July 14, 1992. -- Amended 1980
Ky. Acts ch. 208, sec. 4, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74,
Art. V, sec. 24(16). -- Amended 1966 Ky. Acts ch. 257, sec. 1. -- Amended 1962 Ky.
Acts ch. 109, sec. 3. -- Created 1956 Ky. Acts ch. 101, sec. 19.