2014 Kentucky Revised Statutes CHAPTER 439 - PROBATION AND PAROLE 439.430 Parole officer may arrest parolee or person subject to postincarceration supervision, when -- Detention -- 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 or person subject to
postincarceration supervision, when -- Detention -- 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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Any parole officer having reason to believe that a parolee or a person on
postincarceration supervision pursuant to KRS 532.043 or 532.400 has
violated the terms of his or her release may arrest the parolee or offender on
postincarceration supervision without a warrant or may deputize any other
peace officer to do so by giving him or her a written statement setting forth that
the parolee or offender on postincarceration supervision, in the judgment of the
parole officer, has violated the conditions of his or her release. The written
statement delivered with the parolee or offender on postincarceration
supervision 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 or offender on postincarceration supervision. The
parole officer who arrests or causes the arrest of the prisoner shall notify the
commissioner or his or her designee at once of the arrest and detention of the
parolee or offender on postincarceration supervision, 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 or her designee believes the
parolee or offender on postincarceration supervision should be returned to
prison, the commissioner or his or her designee at once shall submit his or her
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 or her
designee.
A written statement, approved by the commissioner or his or her designee, by
a parole officer, and filed with the board setting forth that the parolee or
offender on postincarceration supervision in the judgment of the officer has
violated the condition of his or her release, shall be sufficient cause for the
board, in its discretion, to issue a warrant for the arrest of the parolee or
offender on postincarceration supervision or for his or her return to prison.
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
or she has violated the provisions of his or her release, the time from the
issuing of the warrant to the date of his or her arrest shall not be counted as
any part of the time to be served in determining his or her final discharge
eligibility date from parole if the board in its discretion so orders.
The Parole Board may at its discretion issue a warrant for any parolee or
offender on postincarceration supervision when in its judgment the condition of
release has been violated.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 90, effective March 3, 2011; and ch. 2,
sec. 102, effective June 8, 2011. -- 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.
Legislative Research Commission Note (6/8/2011). This section was amended
by 2011 Ky. Acts ch. 2, secs. 90 and 102, which do not appear to be in conflict
and have been codified together.
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