Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
49.480,
119.025,
197.410(2),
439.340,
439.3401,
439.563,
532.043,
532.060,
532.080,
640.080
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
439.340(3) requires the Kentucky
Parole Board to promulgate administrative regulations with respect to eligibility of
prisoners for parole. This administrative regulation establishes the criteria for
determining parole eligibility.
Section 1.
Definitions.
(1) "Board" is defined by
KRS
439.250(5).
(2) "Deferment" means a decision by the board that
an inmate shall serve a specific number of months before further parole
consideration.
(3) "Detainer" means a
document issued or made by a legal authority, authorizing the keeper of a prison or
jail to keep the person named in the document in custody.
(4) "Parole" means the release of an inmate with a
signed parole certificate to:
(a) The community
prior to the expiration of his sentence, subject to conditions imposed by the board
and subject to its supervision; or
(5)
"Parole eligibility date" means the date set by the board for conducting parole
hearings at the location designated for an inmate's parole release hearing to take
place during the month the inmate becomes eligible for parole.
(6) "Parole recommendation" means a decision of
the board that an inmate may be released from incarceration prior to the expiration
of his sentence.
(7) "Parole for violent
offender" is defined in
KRS
439.3401.
(8) "Physical injury" is defined in
KRS
500.080(13).
(9) "Serious physical injury" is defined in
KRS
500.080(15).
(10) "Serve-out", "SOT", or "serve-out-time" means
a decision of the board that an inmate shall serve until the completion of his
sentence.
(11) "SOTP" means Sex Offender
Treatment Program.
Section 2.
Ineligibility.
(1) An eligible sex offender, as
defined in
KRS
197.410(2), convicted prior to
July 15, 1998 shall not be eligible for a parole consideration hearing unless:
(a) He has been denied entrance into the Sex
Offender Treatment Program;
(b) He has
been terminated from the SOTP; or
(c) He
has successfully completed the SOTP.
(2) On or after July 15, 1998, a sex offender's
eligibility shall be governed by
KRS
197.045(4).
(3) On or after July 15, 1998, a person confined
to a state penal institution or county jail as a result of the revocation of his
postincarceration supervision by the court pursuant to
KRS
532.043 and
532.060
shall not be eligible for parole consideration.
(4) If an inmate is within sixty (60) days of
being released by minimum expiration, administrative release, or maximum expiration
at the time of his next scheduled parole hearing, the inmate shall not be eligible
for parole.
Section 3. Parole
Eligibility.
(1) Initial parole review. Except as
provided by Section 2 of this administrative regulation, a person confined to a
state penal institution or county jail shall have his case reviewed by the board, in
accordance with the following schedules:
(a) A
nonviolent offender convicted of a Class D felony with an aggregate sentence of one
(1) to five (5) years shall have his or her case reviewed by the Parole Board upon
reaching his or her parole eligibility date as established in
KRS
439.340(3)(a).
(b) For a felony offense committed prior to
December 3, 1980:
Sentence Being Served
|
Time Service Required Before First Review (Minus Jail
Credit)
|
1 year
|
4 months |
More than 1 year and less than 18 months
|
5 months
|
18 months up to and including 2 years
|
6 months
|
More than 2 years and less than 2 1/2 years
|
7 months
|
2 1/2 years up to 3 years
|
8 months
|
3 years
|
10 months
|
More than 3 years, up to and including 9 years
|
1 year
|
More than 9 years, up to and including 15 years
|
2 years
|
More than 15 years, up to and including 21 years
|
4 years
|
More than 21 years, up to and including life
|
6 years
|
(c) For a
felony offense committed after December 3, 1980:
Sentence Being Served
|
Time Service Required Before First Review (Minus Jail
Credit)
|
1 year, up to but not including 2 years
|
4 months
|
2 years, up to and including 39 years
|
20% of sentence received
|
More than 39 years, up to and including life
|
8 years
|
Persistent felony offender I in conjunction with a Class
A, B, or C felony
|
10 years
|
(d) For any
crime, committed on or after July 15, 1986, but prior to July 15, 1998, which is a
capital offense, Class A felony, or Class B felony where the elements of the offense
or the judgment of the court demonstrate that the offense involved death or serious
physical injury to the victim or Rape 1 or Sodomy 1:
Sentences of a number of years
|
50% of the sentence received or 12 years, whichever is
less
|
Sentence of life
|
12 years
|
(e) For a
crime:
1. Committed on or after July 15, 1998,
which is a capital offense, Class A felony, or Class B felony where the elements of
the offense or the judgment of the court demonstrate that the offense involved death
or serious physical injury to the victim or Rape 1 or Sodomy 1;
2. Committed on or after July 15, 2002, which is:
a. Burglary in the first degree accompanied by the
commission or attempted commission of a felony sexual offense in KRS Chapter
510;
b. Burglary in the first degree
accompanied by the commission or attempted commission of an assault described in
KRS
508.010,
508.020,
508.032,
or
508.060;
c. Burglary in the first degree accompanied by
commission or attempted commission of kidnapping as prohibited by
KRS 509.040; or
d. Robbery in the first degree;
3. Committed on or after July 12, 2006,
which is:
c. Complicity to a Class A felony;
d. Class B felony involving the death of the
victim or serious physical injury to a victim;
e. The commission or attempted commission of a
Class A or B felony sex offense in KRS Chapter 510;
f. The use of a minor in a sexual performance as
described in
KRS
531.310(2)(b) and
531.310(2)(c);
g. Promoting a sexual performance by a minor as
described in
KRS
531.320(2)(b) and
531.320(2)(c);
h. Unlawful transaction with a minor in the first
degree as described in
KRS
530.064(1)(a) when the minor is
less than sixteen (16) years old or if the minor incurs physical injury;
i. Promoting prostitution in the first degree as
described in
KRS
529.030(1)(a) when the minor is
less than sixteen (16) years old or if the minor incurs physical injury;
j. Burglary in the first degree accompanied by the
commission or attempted commission of an assault described in
KRS
508.010,
508.020,
508.032,
or
508.060;
k. Burglary in the first degree accompanied by the
commission or attempted commission of kidnapping as prohibited by
KRS 509.040; or
l. Robbery in the first degree; or
4. Committed on or after June 26, 2007,
which is:
c. Complicity to a Class A felony;
d. Class B felony involving the death of the
victim or serious physical injury to a victim;
e. The commission or attempted commission of a
Class A or B felony sex offense in KRS Chapter 510;
f. The use of a minor in a sexual performance as
described in
KRS
531.310(2)(b) and
531.310(2)(c);
g. Promoting a sexual performance by a minor as
described in
KRS
531.320(2)(b) and
531.320(2)(c);
h. Unlawful transaction with a minor in the first
degree as described in
KRS
530.064(1)(a) when the minor is
less than sixteen (16) years old or if the minor incurs physical injury;
i. Human trafficking as described in
KRS
529.010(5)(b) when the victim is
a minor;
j. Burglary in the first degree
accompanied by the commission or attempted commission of an assault described in
KRS
508.010,
508.020,
508.032,
or
508.060;
k. Burglary in the first degree accompanied by the
commission or attempted commission of kidnapping as prohibited by
KRS 509.040; or
l. Robbery in the first degree:
Sentences of a number of years
|
85% of sentence received or 20 years, whichever is
less
|
Sentences of life
|
20 years
|
(f) For an individual serving multiple sentences,
if one (1) or more of the crimes resulted in a conviction committed under paragraph
(e) of this subsection and one (1) or more of the crimes resulted in a conviction
committed under paragraph (c) of this subsection, parole eligibility shall be
calculated by applying the parole eligibility criteria in effect at the time the
most recent crime was committed.
(2) Subsequent parole review. Except as provided
in
KRS
439.340(14):
(a) After the initial review for parole, a
subsequent review, during confinement, shall be at the discretion of the board;
and
(b) The board, at the initial or a
subsequent review, may order a serve-out on a sentence.
(3) Parole review with new felony conviction.
(a) If a confined prisoner is sentenced for a
felony committed prior to the date of his current incarceration, he has not been
discharged since his original admission, and if this new conviction will be served
consecutively, the sentence received for the latter conviction shall be added to the
sentence currently being served to determine his parole eligibility.
(b)
1. If a
confined prisoner is a returned parole violator who receives an additional
consecutive sentence, his parole eligibility shall be set on the length on the new
sentence only, beginning from the date of his final sentencing, unless the board has
previously set a new parole eligibility date.
2. If the board has previously set a new parole
eligibility date, the parole eligibility date shall be the date which last
occurs.
(c) If parole is
recommended, and a confined prisoner receives an additional sentence after board
consideration, but before his release:
1. The
recommendation of parole shall automatically be voided; and
2. The new parole eligibility date shall be set
based upon the date of original admission on the aggregate sentences.
(4) Parole review for crimes
committed while in an institution or while on escape. If an inmate commits a crime
while confined in an institution or while on an escape and receives a concurrent or
consecutive sentence for this crime, eligibility time towards parole consideration
on the latter sentence shall not begin to accrue until he becomes eligible for
parole on his original sentence. This shall include a life sentence.
(a) Except as provided by paragraph (b) of this
subsection, in determining parole eligibility for an inmate who receives a sentence
for an escape, a sentence for a crime committed while in the institution, or on a
sentence for a crime committed while on an escape, the total parole eligibility
shall be set by adding the following, regardless of whether the sentences are
ordered to run concurrently or consecutively:
1.
The amount of time to be served for parole eligibility on the original
sentence;
2. If the inmate has an
additional sentence for escape, the amount of time to be served for parole
eligibility on the additional sentence for the escape;
3. If the inmate has an additional sentence for a
crime committed while in the institution, the amount of time to be served for parole
eligibility on the additional sentence for the crime committed while in the
institution; and
4. If the inmate has an
additional sentence for a crime committed while on escape, the amount of time to be
served for parole eligibility on the additional sentence for the crime committed
while on escape.
(b) If the
board has previously set a parole eligibility date for an inmate described in
paragraph (a) of this subsection, and that date is later than that set under
paragraph (a) of this subsection, the later date shall be the parole eligibility
date.
(c)
1. Except as provided by paragraph (b) of this
subsection, if a confined prisoner who has previously met the board is given a
deferment, escapes during the period of the deferment, and returns from that escape
without a new sentence for the escape, the time out on the escape shall be added to
the original deferment date to arrive at the new adjusted date.
2.
a. If the
prisoner later receives a sentence for the escape, the previous deferment shall be
automatically voided and the new parole eligibility date shall be set based on the
new sentence beginning from the date of sentencing for the new sentence, unless the
deferment date set by the board is a later date than that set based on the new
sentence.
b. If the deferment date set
by the board is a later date, the parole eligibility date shall be the date which
last occurs.
(d) If
an inmate receives a serve-out or deferment on his original sentence prior to
receiving an escape sentence or a sentence for a crime committed while on escape or
confined in an institution, his parole eligibility date shall be set from the date
of his new sentence or from the date previously set by the board, whichever occurs
last.
(e) If an inmate receives a parole
recommendation but escapes prior to being released, the parole recommendation shall
be void. Upon return to a state institution, the board shall, as soon as possible,
conduct a file review and set or fix his parole eligibility date. If the board so
determines it may conduct a face-to-face hearing with this person at the institution
with a three (3) member panel.
(5) Parole reviews for persons on shock probation
or on prerelease probation. If a person is shock probated, or on prerelease
probation, and is later returned to the institution as a shock probation violator or
prerelease probation violator, his new parole eligibility shall be calculated by
adding the period of time the inmate is on shock probation or prerelease probation
to his original parole eligibility date.
(a) If a
person on shock probation or prerelease probation is returned to the institution
with a new consecutive sentence acquired while on shock probation or prerelease
probation, he shall be eligible for a parole hearing if he has reached parole
eligibility on the aggregate of the two (2) sentences. The time served toward parole
eligibility prior to discharge by shock probation or prerelease probation shall be
included as part of the total period of time to be served for parole eligibility on
the aggregate sentences. The time spent out on shock probation or prerelease
probation shall not be included as part of the total period of time to be served for
parole eligibility.
(b) If a person on
parole is returned to the institution, has received a new sentence for a crime
committed while on parole, and is probated or shock probated on the new sentence,
the board shall, as soon as possible, conduct a file review and set or fix his
parole eligibility date. If the board so determines, it may conduct a face-to-face
hearing with this person at the institution with a panel of at least two (2)
members.
Section
4. Emergency Authority. If the Commissioner of the Department of
Corrections gives notice to the board of a need to relieve state prison or local
jail overpopulation, the board may authorize the Commissioner to release one (1) or
more persons who have been granted parole but who remain in custody solely to meet
the time service requirements of this administrative regulation, if:
(1) Sixty (60) or fewer days remain between the
date of the actual release and the date on which the inmate would otherwise be
physically released on parole;
(2) The
release would not result in a violation of a statutorily set minimum service of time
requirement, including that set out for violent offenders under
KRS
439.3401; and
(3) All other release requirements, including
victim notification and re-entry planning, are completed.
STATUTORY AUTHORITY:
KRS
439.340(3)