2014 Kentucky Revised Statutes
CHAPTER 439 - PROBATION AND PAROLE
439.320 Parole board -- Members' qualifications, terms, compensation -- Chairperson -- Administrative regulations -- Quorum.
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<![CDATA[439.320 Parole board -- Members' qualifications, terms, compensation -Chairperson -- Administrative regulations -- Quorum.
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The Governor shall appoint a Parole Board consisting of nine (9) full-time
members to be confirmed by the Senate in accordance with KRS 11.160. The
Governor shall make each appointment from a list of three (3) names given to
him or her by the Kentucky State Corrections Commission. 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 six (6) board members shall be of the same political party. The board shall
be attached to the Justice and Public Safety 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.
The Governor shall designate one (1) member as chairperson of the board.
The member designated as chairperson shall serve in that capacity at the
pleasure of the Governor or until his or her term expires.
The 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 chairperson of the board shall receive
additional compensation of one thousand dollars ($1,000) per year for his or
her 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 organization of the board shall be determined by the chairperson and shall
be consistent with administrative regulations promulgated pursuant to KRS
439.340. For policy and procedural matters, five (5) 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.
The Governor may not remove any member of the board except for disability,
inefficiency, neglect of duty, or malfeasance in office. Before removal, he or
she shall give the member a written copy of the charges against him or her and
shall fix the time when he or she can be heard in his or her 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.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 72, sec. 4, effective June 25, 2013. -Amended 2012 Ky. Acts ch. 156, sec. 12, effective July 12, 2012. -- Repealed,
reenacted, and amended 2010 Ky. Acts ch. 107, sec. 4, effective July 15, 2010.
-- Amended 2008 Ky. Acts ch. 158, sec. 1, effective July 1, 2008. -- Amended
2007 Ky. Acts ch. 85, sec. 319, effective June 26, 2007. -- 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.
Legislative Research Commission Note (7/15/2010). 2008 Ky. Acts ch. 107,
sec. 12, provides that "The intent of the General Assembly in repealing and
reenacting KRS 439.320, 439.340, and 532.200 in Sections 4, 5, and 10 of this
Act is to affirm the amendments made to these sections in 2008 Ky. Acts
ch. 158. The specific textual provisions of Sections 4, 5, and 10 of this Act which
reflect amendments made to those sections by 2008 Ky. Acts ch. 158 shall be
deemed effective as of April 24, 2008, and those provisions are hereby made
expressly retroactive to that date, with the remainder of the text from those
sections being unaffected by the provisions of this section." This statute is
affected by that language.
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