How Does Parole Work in Kentucky? (2024)

How Does Parole Work in Kentucky? (1)

Laws regarding the parole work in Kentucky are set forth in the Kentucky Revised Statutes, (KRS) Chapter 439. KRS § 439.320, specifically, establishes the creation of the state Parole Board and lays out general rules for how the board shall be filled out.

The Kentucky Parole Board is made up of nine members, all of which are appointed by the Governor. The nine members of the Board all serve the state full-time. The Governor will also appoint one member as Chairman of the Parole Board. The Chairman is responsible for the organization of the Board and making sure that procedures are carried out according to all of the regulations set in KRS § 439.340.

The specific duties of the Kentucky Parole Board are listed in KRS § 439.330:

  • Study the case histories of persons eligible for parole, and deliberate on that record;
  • Conduct reviews and hearings on the desirability of granting parole;
  • Impose upon the parolee or conditional releasee such conditions as it sees fit;
  • Order the granting of parole;
  • Issue warrants for persons charged with violations of parole and post-incarceration supervision and conduct hearings on such charges, subject to the provisions of KRS 439.341, 532.043, and 532.400;
  • Determine the period of supervision for parolees, which period may be subject to extension or reduction after the recommendation of the cabinet is received and considered; and
  • Grant final discharge to parolees

How The Kentucky Parole Process Works

The Parole Board will have the final say on whether or not anyone incarcerated within the state of Kentucky will be granted parole. Statutes and regulations, however, determine when and if a person will become eligible for parole.

Determining Eligibility For Parole In Kentucky

Under Kentucky law, those in jail or prison because of a felony conviction become eligible for parole after having served 15% of their original sentence. There are, however, two special cases that change when someone will become eligible for parole.

  • Those convicted as violent offenders must serve at least 85% of their sentence.
  • Convicted sex offenders must first complete a sex offender treatment program administered by the Department of Corrections.

Being eligible for parole, of course, does not guarantee that anyone will actually be granted parole.

Parole Board Meetings

For parole hearings where the inmate is present, two members of the Parole Board are all that is required for a review. For all other meetings or Parole Board business, four Board members are required.

The majority of parole hearings in Kentucky are carried out through video conferencing. There are, however, some exceptions where the Board members will travel to institutions within the state to conduct hearings face to face.

Meetings are open to the public but for security reasons, anyone who wishes to attend must make arrangements with the institutions where the hearing will be held ahead of time. The Board will announce its decision at the interview with the prisoner and record a written record of that decision. Both members of the Board present at the meeting must agree on the decision. If the two do not agree, the full Board will decide the case and a majority vote will determine the final decision.

Possible Parole Board Decisions

There are three options that the Parole Board can order when it has come to a decision.

  1. Serve Out – Parole is denied and the decision is final. The inmate must serve the remainder of his or her sentence.
  2. Deferment – Parole is denied but the Board sets a period of months or years after which the inmate will be eligible to meet with the board again for another review.
  3. Parole – Parole is granted and the inmate will be given a conditional release from incarceration.

When making their decision, the Board will consider a large number of factors such as the seriousness of the offense the inmate is currently being held for, prior criminal record, changes noticed while in prison, attitudes towards authority figures, prior alcohol or drug problems, prior probation history, emotional stability, mental health, general physical health, community attitudes toward releasing the inmate, and oral and written statements from victims.

Identified victims of crimes are notified of upcoming parole hearings by the Victim Services Branch of the Parole Board and such victims may submit written statements or appear in person before the Board.

Parole Violations

When accused of parole violations, a parolee is entitled to a preliminary or probable cause hearing in front of an Administrative Law Judge as well as a final Parole Revocation Hearing in with the Parole Board. Two Administrative Law Judges are employed by the Parole Board and conduct probable cause hearings throughout the state.

Contact An Experienced Kentucky Parole Attorney

If you have questions about the Kentucky Parole Board or how the parole process works in Kentucky, contact our team for the answers you’re looking for. At Baldani Law, our knowledgeable and experienced team is always behind you, working hard to make sure you get the best possible results for your case.

Contact us online anytime or call (859) 259-0727. Your initial consultation is free and confidential. We’ll be happy to go over the details of your case and discuss what we can do to help you.

How Does Parole Work in Kentucky? (2024)

FAQs

How does parole work in Kentucky? ›

How The Kentucky Parole Process Works. The Parole Board will have the final say on whether or not anyone incarcerated within the state of Kentucky will be granted parole. Statutes and regulations, however, determine when and if a person will become eligible for parole.

How does the parole process work? ›

Parole hearings are held to determine if an inmate currently poses an unreasonable risk of danger to society if released from prison. The panel will consider “all relevant, reliable information available to the panel” in determining the inmate's suitability for parole.

What are the four most important factors parole boards consider before granting release on parole? ›

Factors tending to show an inmate's suitability include: (1) lack of a juvenile record, (2) stable social history, (3) signs of remorse, (4) motivation for the crime, (5) lack of criminal history, (6) age, (7) understanding and plans for the future, and (8) institutional behavior. (Cal. Code Regs., tit. 15.

What are the three types of parole? ›

Today, there are three basic types of parole in the United States, discretionary, mandatory, and expiatory.

What is the general rule of parole? ›

General Conditions of Parole:

You must report to your parole agent within one day of your release from prison or jail. You must always give your parole agent the address where you live and work. You must give your parole agent your new address before you move.

What does the parole board look at when determining possible parole? ›

In a nutshell, the Board of Parole Hearings determines when a person becomes parole-eligible and sets an initial parole suitability hearing. Like in other states, the Board considers factors such as the offense, institutional records, and the results of a comprehensive risk assessment.

Who determines whether an offender should be released on parole? ›

The Board of Parole Hearings (BPH) will determine whether offenders are suitable for parole.

What are the five factors that authorities consider when they decide to parole an inmate? ›

When making a release decision, parole board members (PBMs) who have discretion may consider factors such as institutional behaviour, severity of the crime, criminal history, mental illness, time served, victim input, and risk of re-offending (Caplan, 2007) .

What is the minimum sentence for a felony in Kentucky? ›

Class A Felony – Prison sentence between 20 years to 50 years or life in prison. Class B Felony – Prison sentence between 10 years to 20 years. Class C Felonies – Prison sentence between five to ten years. Class D Felony – Prison sentence between one to five years.

What is the 50 50 law in Kentucky? ›

While 50/50 physical custody is the default in Kentucky, families can decide to give one parent primary physical custody with reasonable visitation for the other parent. Regardless of the physical custody decision, both parents share legal custody except in cases involving abuse or neglect.

What does parole override mean in Kentucky? ›

In my state of Ky, an override only comes up when you have enough time in to be released but you haven't been final sentenced long enough yet. If you get a state year in Kentucky you will serve 7 months and 21 days. You come up for parole at 15% of the completion of that sentence. It's around 2 and a half months.

How much of a sentence before parole? ›

The process begins at sentencing. Unless the court has specified a minimum time for the offender to serve, or has imposed an "indeterminate" type of sentence, parole eligibility occurs upon completion of one-third of the term.

What is the difference between probation and parole in Kentucky? ›

Probation is a term of community supervision imposed by the court in lieu of a prison sentence. Parole is a period of community supervision imposed by the U.S. Parole Commission to be completed after release from a prison term.

Why does parole get denied? ›

In a nutshell, the Board of Parole Hearings determines when a person becomes parole-eligible and sets an initial parole suitability hearing. Like in other states, the Board considers factors such as the offense, institutional records, and the results of a comprehensive risk assessment.

How to find out when someone is eligible for parole in Kentucky? ›

Therefore, if you have questions about the parole eligibility of a specific inmate you should call VINE (Victim Information and Notification Everyday) at 1-800-511-1670.

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