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439.177 Parole privileges for certain misdemeanants -- Duties of sentencing
judge.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Any misdemeanant may petition the sentencing court for parole privileges.
The sentencing judge shall study the record of all persons petitioning for parole
and, in his discretion, may:
(a) Cause additional background or character information to be collected or
reduced to writing by the Department of Corrections;
(b) Conduct hearings on the desirability of granting parole;
(c) Impose on the parolee the conditions he sees fit;
(d) Order the granting of parole;
(e) Issue warrants for persons when there is reason to believe they have
violated the conditions of their parole and conduct hearings on such
matters;
(f) Determine the period of supervision for parolees, which period may be
subject to extension or reduction;
(g) Grant final discharge to parolees.
The sentencing judge shall keep a record of his acts, and shall notify the
appropriate jail official of his decision relating to the persons who are or have
been confined therein.
When an order for parole is issued, it shall recite the conditions thereof, and
such orders shall be transmitted to the Department of Corrections.
The period of time spent on parole shall not count as a part of the prisoner's
maximum sentence except in determining the parolee's eligibility for a final
discharge from parole as set out in subsection (7).
Paroled prisoners shall be under the supervision of the department and subject
to its decision for the duration of parole. Supervision of the parolee by the
Department of Corrections shall cease at the time of recommitment of the
prisoner to the jail as a parole violator, or at the time a final discharge from
parole is granted by the sentencing judge.
When any paroled prisoner has performed the obligations of his parole during
his period of active parole supervision, the sentencing judge may, at the
termination of a period to be determined by the sentencing judge, issue a final
discharge from parole to the prisoner. Unless ordered earlier by the sentencing
judge, a final discharge shall be issued when the prisoner has been out of jail
on parole a sufficient period of time to have been eligible for discharge from jail
by maximum expiration of sentence had he not been paroled, if before this date
he had not absconded from parole supervision or that a warrant for parole
violation had not been issued.
The prisoner convicted of a misdemeanor and released on parole under the
provisions of this statute shall be subject to all reasonable Department of
Corrections regulations.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 211, sec. 88, effective July 14, 1992. -Amended 1982 Ky. Acts ch. 344, sec. 35, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 200, sec. 9, effective January 17, 1978. -- Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 14, sec. 446, effective January 2, 1978. -- Amended
1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Created 1972 Ky. Acts ch. 294,
sec. 1.
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