2025 Kentucky Revised Statutes Chapter 439 - Probation and parole 439.320 Parole board -- Members' qualifications, terms, compensation -- Chairperson -- Administrative regulations -- Quorum.
Universal Citation:
KY Rev Stat § 439.320 (2025)
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439.320
Parole board -- Members' qualifications, terms, compensation -Chairperson -- Administrative regulations -- Quorum.
(1)
(2)
(3)
(4)
(5)
(6)
(a)
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.
(b) The Governor shall make each appointment from a list of three (3) names
given to him or her by the Kentucky State Corrections Commission.
(c) 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.
(d) No more than six (6) board members shall be of the same political party.
(e) 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.
(a) 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.
(b) The members of the board shall serve at the pleasure of the Governor, but for
no more than four (4) years without reappointment. Their successors shall be
appointed thereafter as provided in this section. 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) A panel shall consist of not less than three (3) and not more than six (6)
members; and
(b) All members 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: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 29, effective July 15, 2024. -- 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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