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AN ACT relating to conditions of supervision. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 439.340 is amended to read as follows: 3
(1) The board may release on parole persons confined in any adult state penal or 4
correctional institution of Kentucky or sentenced felons incarcerated in county jails 5
eligible for parole. All paroles shall issue upon order of the board duly adopted. As 6
soon as practicable after his or her admission to an adult state penal or correctional 7
institution or county jail if he or she is a sentenced felon, and at such intervals 8
thereafter as it may determine, the Department of Corrections shall obtain all 9
pertinent information regarding each prisoner, except those not eligible for parole. 10
The information shall include the results of his or her most recent risk and needs 11
assessment, his or her criminal record, his or her conduct, employment, and the 12
reports of physical and mental examinations that have been made. The Department 13
of Corrections shall furnish the circumstances of his or her offense, the results of 14
his or her most recent risk and needs assessment, and his or her previous social 15
history to the board. The Department of Corrections shall prepare a report on any 16
information it obtains. It shall be the duty of the Department of Corrections to 17
supplement this report with any material the board may request and submit the 18
report to the board. 19
(2) Before granting the parole of any prisoner, the board shall consider the pertinent 20
information regarding the prisoner, including the results of his or her most recent 21
risk and needs assessment, and shall have him or her appear before it for interview 22
and hearing. The board in its discretion may hold interviews and hearings for 23
prisoners convicted of Class C felonies not included within the definition of 24
"violent offender" in KRS 439.3401 and Class D felonies not included within the 25
definition of "sex crime" in KRS 17.500. The board in its discretion may request the 26
parole board of another state confining prisoners pursuant to KRS 196.610 to 27 UNOFFICIAL COPY 24 RS BR 2010
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interview eligible prisoners and make a parole recommendation to the board. A 1
parole shall be ordered only for the best interest of society and not as an award of 2
clemency, and it shall not be considered a reduction of sentence or pardon. A 3
prisoner shall be placed on parole only when arrangements have been made for his 4
or her proper employment or for his or her maintenance and care, and when the 5
board believes he or she is able and willing to fulfill the obligations of a law abiding 6
citizen. Notwithstanding any statute to the contrary, including KRS 440.330, when 7
a prisoner is otherwise eligible for parole and the board has recommended parole 8
for that prisoner for the reasons set forth in this subsection, the board may grant 9
parole to any prisoner wanted as a fugitive by any other jurisdiction, and the 10
prisoner shall be released to the detainer from that jurisdiction. Such parole shall 11
not constitute a relinquishment of jurisdiction over the prisoner, and the board in all 12
cases expressly reserves the right to return the prisoner to confinement in a 13
correctional institution of the Commonwealth if the prisoner violates the terms of 14
his or her parole. 15
(3) (a) A nonviolent offender convicted of a Class D felony with an aggregate 16
sentence of one (1) to five (5) years who is confined to a state penal institution 17
or county jail shall have his or her case reviewed by the Parole Board after 18
serving fifteen percent (15%) or two (2) months of the original sentence, 19
whichever is longer. 20
(b) Except as provided in this section, the board shall adopt administrative 21
regulations with respect to the eligibility of prisoners for parole, the conduct 22
of parole and parole revocation hearings and all other matters that come 23
before it, or conditions to be imposed upon parolees. Regulations governing 24
the eligibility of prisoners for parole shall be in accordance with 25
professionally accepted ideas of correction and reform and may utilize in part 26
objective, performance-based criteria and risk and needs assessment 27 UNOFFICIAL COPY 24 RS BR 2010
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information; however, nothing herein contained shall preclude the board from 1
utilizing its present regulations in conjunction with other factors involved that 2
would relate to the inmate's needs and the safety of the public. 3
(4) The board shall ensure[insure] that all sentenced felons who have longer than 4
ninety (90) days to serve in state penal institutions, halfway houses, reentry centers, 5
and county jails are considered for parole not less than sixty (60) days prior to their 6
parole eligibility date, and the Department of Corrections shall provide the 7
necessary assistance and information to the board in order for it to conduct timely 8
parole reviews. 9
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of 10
this section for any prisoner convicted of a Class A, B, or C felony or a Class D 11
felony included within the definition of "sex crime" in KRS 17.500 and prior to the 12
granting of a parole to any such prisoner, the Parole Board shall conduct a hearing 13
of which the following persons shall receive not less than forty-five (45) nor more 14
than ninety (90) days' notice: the Commonwealth's attorney who shall notify the 15
sheriff of every county and the chief of police of every city and county in which the 16
prisoner committed any Class A, B, or C felony or a Class D felony included within 17
the definition of "sex crime" in KRS 17.500 for which he or she is imprisoned, and 18
all identified victims of the crimes or the next of kin of any victim who is deceased. 19
Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means at 20
the discretion of the board, and shall be in a manner that ensures receipt at the 21
Commonwealth's[Commonwealth] attorney's business office. Notices received by 22
chiefs of police and sheriffs shall be posted in a conspicuous location where police 23
employed by the department may see it. Notices shall be posted in a manner and at 24
a time that will allow officers to make comment thereon to the Parole Board. Notice 25
to victims or their next of kin shall be made, for prisoners incarcerated prior to July 26
15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall 27 UNOFFICIAL COPY 24 RS BR 2010
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be in a manner that ensures receipt by the Commonwealth's attorney, who shall 1
forward the notice promptly to the victims or their next of kin at their last known 2
address. For prisoners incarcerated on or after July 15, 1986, notice to the victims 3
or their next of kin shall be by mail from the Parole Board to their last known 4
address as provided by the Commonwealth's attorney to the Parole Board at the 5
time of incarceration of the prisoner. For prisoners incarcerated prior to April 1, 6
2021, for a Class D felony included within the definition of "sex crime" in KRS 7
17.500, notice to the victims or their next of kin shall be in a manner that ensures 8
receipt by the Commonwealth's attorney, who shall forward the notice promptly to 9
the victims or their next of kin at their last known address. For prisoners 10
incarcerated on or after April 1, 2021, for a Class D felony included within the 11
definition of "sex crime" in KRS 17.500, notice to the victims or their next of kin 12
shall be by mail from the Parole Board to their last known address as provided by 13
the Commonwealth's attorney to the Parole Board at the time of incarceration of the 14
prisoner. Notice to the victim or the next of kin of subsequent considerations for 15
parole after the initial consideration shall not be sent if the victim or the next of kin 16
gives notice to the board that he or she no longer wants to receive such notices. The 17
notice shall include the time, date, and place of the hearing provided for in this 18
subsection, and the name and address of a person to write if the recipient of the 19
notice desires to attend the hearing or to submit written comments. 20
(6) Persons receiving notice as provided for in subsection (5) of this section may 21
submit comments, in person or in writing, to the board upon all issues relating to 22
the parole of the prisoner. The board shall read and consider all comments prior to 23
making its parole decision, if they are received by the board not less than seven (7) 24
days before the date for the hearing. The board shall retain all comments in the 25
prisoner's permanent Parole Board file, and shall consider them in conjunction with 26
any subsequent parole decisions affecting the prisoner. In addition to officers listed 27 UNOFFICIAL COPY 24 RS BR 2010
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in subsection (5) of this section, the crime victims or the next of kin of any victim 1
who is deceased or who is disabled and cannot attend the hearing or the parent or 2
legal guardian of any victim who is a minor may attend the hearing provided for in 3
subsection (5) of this section and present oral and written comments upon all issues 4
relating to the parole of the prisoner, if they have advised the board, in writing 5
received by the board not less than seven (7) days prior to the date set for the 6
hearing, of their intention to attend the hearing. The board shall receive and 7
consider all comments, shall make a record of them which it shall retain in the 8
prisoner's permanent Parole Board file, and shall consider them in conjunction with 9
any subsequent parole decision affecting the prisoner. Persons appearing before the 10
Parole Board pursuant to this subsection may elect to make their presentations 11
outside of the presence of the prisoner. 12
(7) Victims of Class D felonies not included within the definition of "sex crime" in 13
KRS 17.500 may submit comments in person or in writing to the board upon all 14
issues relating to the parole of a prisoner. 15
(8) Any hearing provided for in subsections (5), (6), and (7) of this section shall be 16
open to the public unless the persons having a right to appear before the board as 17
specified in those subsections request closure of hearing for reasons of personal 18
safety, in which event the hearing shall be closed. The time, date, and location of 19
closed hearings shall not be disclosed to the public. 20
(9) Except as specifically set forth in this section, nothing in this section shall be 21
deemed to expand or abridge any existing rights of persons to contact and 22
communicate with the Parole Board or any of its members, agents, or employees. 23
(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its 24
members, agents, or employees or by a Commonwealth's attorney or any of his or 25
her agents or employees to comply with any of the provisions of subsections (5), 26
(6), and (8) of this section shall not affect the validity of any parole decision or give 27 UNOFFICIAL COPY 24 RS BR 2010
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rise to any right or cause of action by the crime victim, the prisoner, or any other 1
person. 2
(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be 3
granted parole unless he or she has successfully completed the Sexual Offender 4
Treatment Program. 5
(12) Any prisoner who is granted parole after completion of the Sexual Offender 6
Treatment Program shall be required, as a condition of his or her parole, to 7
participate in regular treatment in a mental health program approved or operated by 8
the Department of Corrections. 9
(13) When the board grants parole contingent upon completion of a program, the 10
commissioner, or his or her designee, shall determine the most appropriate 11
placement in a program operated by the department or a residential or 12
nonresidential program within the community approved by the department. If the 13
department releases a parolee to a nonresidential program, the department shall 14
release the parolee only if he or she will have appropriate community housing 15
pursuant to KRS 439.3408. 16
(14) If the Parole Board does not grant parole to a prisoner, the maximum deferment for 17
a prisoner convicted of a non-violent, non-sexual Class C or Class D felony shall be 18
twenty-four (24) months. For all other prisoners who are eligible for parole: 19
(a) No parole deferment greater than five (5) years shall be ordered unless 20
approved by a majority vote of the full board; and 21
(b) No deferment shall exceed ten (10) years, except for life sentences. 22
(15) When an order for parole is issued, it shall recite the conditions thereof, which may 23
include requiring the person to participate in a specific program designed to 24
reduce violence. 25
Section 2. KRS 533.030 is amended to read as follows: 26
(1) The conditions of probation and conditional discharge shall be such as the court, in 27 UNOFFICIAL COPY 24 RS BR 2010
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its discretion, deems reasonably necessary to ensure that the defendant will lead a 1
law-abiding life or to assist him or her to do so. The court shall provide as an 2
explicit condition of every sentence to probation or conditional discharge that the 3
defendant not commit another offense during the period for which the sentence 4
remains subject to revocation. 5
(2) When imposing a sentence of probation or conditional discharge, the court may, in 6
addition to any other reasonable condition, require that the defendant: 7
(a) Avoid injurious or vicious habits; 8
(b) Avoid persons or places of disreputable or harmful character; 9
(c) Work faithfully at suitable employment as far as possible; 10
(d) Undergo available medical or psychiatric treatment and remain in a specific 11
institution as required for that purpose; 12
(e) Post a bond, without surety, conditioned on performance of any of the 13
prescribed conditions; 14
(f) Support his or her dependents and meet other family responsibilities; 15
(g) Pay the cost of the proceeding as set by the court; 16
(h) Remain within a specified area; 17
(i) Report to the probation officer as directed; 18
(j) Permit the probation officer to visit him or her at his or her home or 19
elsewhere; 20
(k) Answer all reasonable inquiries by the probation officer and promptly notify 21
the probation officer of any change in address or employment; 22
(l) Submit to periodic testing for the use of controlled substances or alcohol, if 23
the defendant's record indicates a controlled substance or alcohol problem, 24
and to pay a reasonable fee, as determined by the court, which fee shall not 25
exceed the actual cost of the test and analysis and shall be paid directly to the 26
agency or agencies responsible for testing and analysis as compensation for 27 UNOFFICIAL COPY 24 RS BR 2010
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the cost of the testing and analysis, as specified by written order of the court, 1
performed under this subsection. For good cause shown, the testing fee may 2
be waived by the court; 3
(m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs 4
associated with the device, including administrative and operating costs, shall 5
be paid by the defendant. If the court determines that the defendant is 6
indigent, and a person, county, or other organization has not agreed to pay the 7
costs for the defendant in an attempt to reduce incarceration expenses and 8
increase public safety, the court shall consider other conditions of probation or 9
conditional discharge provided for in this section;[ or] 10
(n) During all or part of the period of probation or conditional discharge, 11
participate in a global positioning monitoring system program operated by a 12
county pursuant to KRS 67.372 and 67.374 under the same terms and 13
conditions as provided in KRS 431.517; or 14
(o) Participate in a specific program designed to reduce violence. 15
(3) When imposing a sentence of probation or conditional discharge in a case where a 16
victim of a crime has suffered monetary damage as a result of the crime due to his 17
or her property having been converted, stolen, or unlawfully obtained, or its value 18
substantially decreased as a result of the crime, or where the victim suffered actual 19
medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of 20
the crime, or where the victim incurred expenses in relocating for the purpose of the 21
victim's safety or the safety of a member of the victim's household, or if as a direct 22
result of the crime the victim incurred medical expenses that were paid by the 23
Cabinet for Health and Family Services, the Crime Victims Compensation Board, 24
or any other governmental entity, the court shall order the defendant to make 25
restitution in addition to any other penalty provided for the commission of the 26
offense. Payment of restitution to the victim shall have priority over payment of 27 UNOFFICIAL COPY 24 RS BR 2010
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restitution to any government agency. Restitution shall be ordered in the full 1
amount of the damages, unless the damages exceed one hundred thousand dollars 2
($100,000) or twice the amount of the gain from the commission of the offense, 3
whichever is greater, in which case the higher of these two (2) amounts shall be 4
awarded. The court may, in lieu of ordering monetary restitution, order the 5
defendant to make restitution by working for or on behalf of the victim. The court 6
shall determine the number of hours of work necessary by applying the then-7
prevailing federal minimum wage to the total amount of monetary damage caused 8
by or incidental to the commission of the crime. The court may, with the consent of 9
the agency, order the defendant to work as specified in KRS 533.070. Any work 10
ordered pursuant to this section shall not be deemed employment for any purpose, 11
nor shall the person performing the work be deemed an employee for any purpose. 12
Where there is more than one (1) defendant or more than one (1) victim, restitution 13
may be apportioned. Restitution shall be subject to the following additional terms 14
and conditions: 15
(a) Where property which is unlawfully in the possession of the defendant is in 16
substantially undamaged condition from its condition at the time of the taking, 17
return of the property shall be ordered in lieu of monetary restitution; 18
(b) The circuit clerk shall assess an additional fee of five percent (5%) to defray 19
the administrative costs of collection of payments or property. This fee shall 20
be paid by the defendant and shall inure to a trust and agency account which 21
shall not lapse and which shall be used to hire additional deputy clerks and 22
office personnel or increase deputy clerk or office personnel salaries, or 23
combination thereof; 24
(c) When a defendant fails to make restitution ordered to be paid through the 25
circuit clerk or a court-authorized program run by the county attorney or the 26
Commonwealth's attorney, the circuit clerk or court-authorized program shall 27 UNOFFICIAL COPY 24 RS BR 2010
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notify the court; and 1
(d) An order of restitution shall not preclude the owner of property or the victim 2
who suffered personal physical or mental injury or out-of-pocket loss of 3
earnings or support or other damages from proceeding in a civil action to 4
recover damages from the defendant. A civil verdict shall be reduced by the 5
amount paid under the criminal restitution order. 6
(4) When requiring fees for controlled substances or alcohol tests, or other fees and 7
payments authorized by this section or other statute, except restitution, to be paid by 8
the defendant, the court shall not order the payments to be paid through the circuit 9
clerk. 10
(5) When a defendant is sentenced to probation or conditional discharge, he or she shall 11
be given a written statement explicitly setting forth the conditions under which he 12
or she is being released. 13
(6) When imposing a sentence of probation or conditional discharge, the court, in 14
addition to conditions imposed under this section, may require as a condition of the 15
sentence that the defendant submit to a period of imprisonment in the county jail or 16
to a period of home incarceration at whatever time or intervals, consecutive or 17
nonconsecutive, the court shall determine. The time actually spent in confinement 18
or home incarceration pursuant to this provision shall not exceed twelve (12) 19
months or the maximum term of imprisonment assessed pursuant to KRS Chapter 20
532, whichever is the shorter. Time spent in confinement or home incarceration 21
under this subsection shall be credited against the maximum term of imprisonment 22
assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional 23
discharge is revoked and the defendant is sentenced to imprisonment. Any 24
prohibitions against probation, shock probation, or conditional discharge under 25
KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor 26
or Class D felony and sentenced to a period of confinement or home incarceration 27 UNOFFICIAL COPY 24 RS BR 2010
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under this section. 1