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Kentucky General Assembly· HB 529signed by Governor (Acts Ch. 46)

An act relating to the Parole Board and declaring an emergency., the official text

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UNOFFICIAL COPY                                                  26 RS HB 529/GA

1   AN ACT relating to the Parole Board and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 439.320 is amended to read as follows:

4 (1) (a) The Governor shall appoint a Parole Board consisting of nine (9) full-time

5   members to be confirmed by the Senate in accordance with KRS 11.160.

6   (b) The Governor shall make each appointment from a list of three (3) names

7   given to him or her by the Kentucky State Corrections Commission.

8   (c) Each member appointed to the board shall have had at least five (5) years of

9   actual experience in the field of penology, correction work, law enforcement,

10  sociology, law, education, social work, medicine, or a combination of those

11  fields[thereof], or have served at least five (5) years previously on the Parole

12  Board.

13  (d) No more than six (6) board members shall be of the same political party.

14  (e) The board shall be attached to the Justice and Public Safety Cabinet for

15  administrative purposes only. The department[ of Corrections] shall provide

16  any clerical, stenographic, administrative, and expert staff assistance the board

17  deems necessary to carry out its duties.

18 (2) The Governor shall designate one (1) member as chairperson of the board. The

19  member designated as chairperson shall serve in that capacity at the pleasure of the

20  Governor or until his or her term expires.

21 (3) (a) The members of the board shall give full time to the duties of their office and

22  shall receive necessary traveling expenses and a salary to be determined

23  pursuant to KRS 64.640(2), except the chairperson of the board shall receive

24  additional compensation of one thousand dollars ($1,000) per year for his or

25  her services.

26  (b) The members of the board shall serve for staggered terms of four (4) years

27  and until their successors are appointed and have qualified, so that no more

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    UNOFFICIAL COPY                                              26 RS HB 529/GA

1   than three (3) terms shall expire in a given year[The members of the board

2   shall serve at the pleasure of the Governor, but for no more than four (4) years

3   without reappointment]. Their successors shall then be appointed[ thereafter]

4   as provided in this section. A vacancy occurring before expiration of the term

5   of office shall be similarly filled for the unexpired term.

6 (4) The organization of the board shall be determined by the chairperson and shall be

7   consistent with administrative regulations promulgated pursuant to KRS 439.340.

8   For policy and procedural matters, five (5) members shall constitute a quorum.

9 (5) Parole and final parole revocation hearings may be done by panels of the board,

10  subject to the following requirements:

11  (a) If a two (2) member panel is utilized, both members of the panel shall agree

12  on a decision;[A panel shall consist of not less than three (3) and not more

13  than six (6) members; and]

14  (b) If a three (3) member panel is utilized, two (2) of the three (3) members of

15  the panel shall agree on a decision; and

16  (c) If a panel of four (4) or more members is utilized, a majority of the panel

17  shall agree on a decision;

18  In all cases in which the required number of panel members are not in agreement

19  on a decision,[All members of the panel shall agree on a decision or] the matter

20  shall be referred to the full board.

21 (6) The Governor may not remove any member of the board except for disability,

22  inefficiency, neglect of duty, or malfeasance in office. Before removal, the

23  Governor[he or she] shall give the member a written copy of the charges against

24  him or her and shall fix the time when he or she can be heard in his or her defense,

25  which shall not be less than ten (10) days after receiving the written copy of the

26  charges against him or her[thereafter]. Upon removal, the Governor shall file in

27  the office of the Secretary of State a complete statement of all charges made against

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    UNOFFICIAL COPY                                            26 RS HB 529/GA

1   the member and the findings upon the charges[thereupon] with a record of the

2   proceedings.

3   Section 2. KRS 439.340 is amended to read as follows:

4 (1) The board may release on parole persons confined in any adult state penal or

5   correctional institution of Kentucky or sentenced felons incarcerated in county jails

6   eligible for parole. All paroles shall issue upon order of the board duly adopted. As

7   soon as practicable after his or her admission to an adult state penal or correctional

8   institution or county jail if he or she is a sentenced felon, and at such intervals

9   thereafter as it may determine, the department[ of Corrections] shall obtain all

10  pertinent information regarding each prisoner, except those not eligible for parole.

11  The information shall include the results of his or her most recent risk and needs

12  assessment, his or her criminal record, his or her conduct, employment, and the

13  reports of physical and mental examinations that have been made. The department[

14  of Corrections] shall furnish the circumstances of his or her offense, the results of

15  his or her most recent risk and needs assessment, and his or her previous social

16  history to the board. The department[ of Corrections] shall prepare a report on any

17  information it obtains,[. It shall be the duty of The department of Corrections to]

18  supplement this report with any material the board may request, and submit the

19  report to the board.

20 (2) (a) Before granting the parole of any prisoner, the board shall consider the

21  pertinent information regarding the prisoner, including the results of his or her

22  most recent risk and needs assessment, and shall have him or her appear

23  before it for interview and hearing. The board in its discretion may hold

24  interviews and hearings for prisoners convicted of Class C felonies not

25  included within the definition of "violent offender" in KRS 439.3401 and

26  Class D felonies not included within the definition of "sex crime" in KRS

27  17.500. The board in its discretion may request the parole board of another

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    UNOFFICIAL COPY                                            26 RS HB 529/GA

1   state confining prisoners pursuant to KRS 196.610 to interview eligible

2   prisoners and make a parole recommendation to the board. A parole shall be

3   ordered only for the best interest of society and not as an award of clemency,

4   and it shall not be considered a reduction of sentence or pardon. A prisoner

5   shall be placed on parole only when arrangements have been made for his or

6   her proper employment or for his or her maintenance and care, and when the

7   board believes he or she is able and willing to fulfill the obligations of a law-

8   abiding[law abiding] citizen.

9   (b) Notwithstanding any statute to the contrary, including KRS 440.330, when a

10  prisoner is otherwise eligible for parole and the board has recommended

11  parole for that prisoner for the reasons set forth in this subsection, the board

12  may grant parole to any prisoner wanted as a fugitive by any other

13  jurisdiction, and the prisoner shall be released to the detainer from that

14  jurisdiction.[ Such] Parole under this paragraph shall not constitute a

15  relinquishment of jurisdiction over the prisoner, and the board in all cases

16  expressly reserves the right to return the prisoner to confinement in a

17  correctional institution of the Commonwealth if the prisoner violates the terms

18  of his or her parole.

19 (3) (a) A nonviolent offender convicted of a Class D felony with an aggregate

20  sentence of one (1) to five (5) years who is confined to a state penal institution

21  or county jail shall have his or her case reviewed by the[ Parole] board after

22  serving fifteen percent (15%) or two (2) months of the original sentence,

23  whichever is longer.

24  (b) Except as provided in this section, the board shall promulgate[adopt]

25  administrative regulations in accordance with KRS Chapter 13A with respect

26  to the eligibility of prisoners for parole, the conduct of parole and parole

27  revocation hearings and all other matters that come before it, or conditions to

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    UNOFFICIAL COPY                                                 26 RS HB 529/GA

1   be imposed upon parolees. Administrative regulations governing the

2   eligibility of prisoners for parole shall be in accordance with professionally

3   accepted ideas of correction and reform and may utilize in part objective,

4   performance-based criteria and risk and needs assessment information.[;

5   however, nothing herein contained] This paragraph shall not preclude the

6   board from utilizing its present administrative regulations in conjunction with

7   other factors involved that would relate to the inmate's needs and the safety of

8   the public.

9 (4) The board shall ensure that all sentenced felons who have one hundred eighty

10  (180) or more[longer than ninety (90)] days remaining to serve in state penal

11  institutions, halfway houses, reentry centers, and county jails are considered for

12  parole not less than sixty (60) days prior to their parole eligibility date, and the

13  department[ of Corrections] shall provide the necessary assistance and information

14  to the board in order for it to conduct timely parole reviews.

15 (5) (a) In addition to or in conjunction with each hearing conducted under subsection

16  (2) of this section for any prisoner convicted of a Class A, B, or C felony or a

17  Class D felony included within the definition of "sex crime" in KRS 17.500

18  and prior to the granting of a parole to any such prisoner, the[ Parole] board

19  shall conduct a hearing of which the following persons shall receive not less

20  than forty-five (45) nor more than ninety (90) days' notice: the

21  Commonwealth's attorney who shall notify the sheriff of every county and the

22  chief of police of every city and county in which the prisoner committed any

23  Class A, B, or C felony or a Class D felony included within the definition of

24  "sex crime" in KRS 17.500 for which he or she is imprisoned, and all

25  identified victims of the crimes or the next of kin of any victim who is

26  deceased.

27  (b) Notice to the Commonwealth's attorney shall be by mail, fax, or electronic

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    UNOFFICIAL COPY                                              26 RS HB 529/GA

1   means at the discretion of the board, and shall be in a manner that ensures

2   receipt at the Commonwealth's attorney's business office. Notices received by

3   chiefs of police and sheriffs shall be posted in a conspicuous location where

4   police employed by the department may see it. Notices shall be posted in a

5   manner and at a time that will allow officers to make comment thereon to the[

6   Parole] board.

7   (c) 1. Notice to victims or their next of kin shall be made, for prisoners

8   incarcerated prior to July 15, 1986, by mail, fax, or electronic means at

9   the discretion of the board, and shall be in a manner that ensures receipt

10  by the Commonwealth's attorney, who shall forward the notice promptly

11  to the victims or their next of kin at their last known address.

12  2. For prisoners incarcerated on or after July 15, 1986, notice to the victims

13  or their next of kin shall be by mail from the[ Parole] board to their last

14  known address as provided by the Commonwealth's attorney to the[

15  Parole] board at the time of incarceration of the prisoner.

16  3. For prisoners incarcerated prior to April 1, 2021, for a Class D felony

17  included within the definition of "sex crime" in KRS 17.500, notice to

18  the victims or their next of kin shall be in a manner that ensures receipt

19  by the Commonwealth's attorney, who shall forward the notice promptly

20  to the victims or their next of kin at their last known address.

21  4. For prisoners incarcerated on or after April 1, 2021, for a Class D felony

22  included within the definition of "sex crime" in KRS 17.500, notice to

23  the victims or their next of kin shall be by mail from the Parole Board to

24  their last known address as provided by the Commonwealth's attorney to

25  the[ Parole] board at the time of incarceration of the prisoner.

26  (d) Notice to the victim or the next of kin of subsequent considerations for parole

27  after the initial consideration shall not be sent if the victim or the next of kin

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    UNOFFICIAL COPY                                            26 RS HB 529/GA

1   gives notice to the board that he or she no longer wants to receive the[such]

2   notices. The notice shall include the time, date, and place of the hearing

3   provided for in this subsection, and the name and address of a person to write

4   if the recipient of the notice desires to attend the hearing or to submit written

5   comments.

6 (6) (a) Persons receiving notice as provided for in subsection (5) of this section may

7   submit comments, in person or in writing, to the board upon all issues relating

8   to the parole of the prisoner. The board shall read and consider all comments

9   prior to making its parole decision[,] if they are received by the board not less

10  than seven (7) days before the date for the hearing. The board shall retain all

11  comments in the prisoner's permanent Parole Board file, and shall consider

12  them in conjunction with any subsequent parole decisions affecting the

13  prisoner.

14  (b) In addition to officers listed in subsection (5) of this section, the crime victims

15  or the next of kin of any victim who is deceased or who is disabled and cannot

16  attend the hearing or the parent or legal guardian of any victim who is a minor

17  may attend the hearing provided for in subsection (5) of this section and

18  present oral and written comments upon all issues relating to the parole of the

19  prisoner[,] if they have advised the board, in writing received by the board not

20  less than seven (7) days prior to the date set for the hearing, of their intention

21  to attend the hearing. The board shall receive and consider all comments, shall

22  make a record of them which it shall retain in the prisoner's permanent Parole

23  Board file, and shall consider them in conjunction with any subsequent parole

24  decision affecting the prisoner.

25  (c) Persons appearing before the[ Parole] board pursuant to this subsection may

26  elect to make their presentations outside of the presence of the prisoner.

27 (7) Victims of Class D felonies not included within the definition of "sex crime" in

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    UNOFFICIAL COPY                                            26 RS HB 529/GA

1   KRS 17.500 may submit comments in person or in writing to the board upon all

2   issues relating to the parole of a prisoner.

3 (8) Any hearing provided for in subsections (5), (6), and (7) of this section shall be

4   open to the public unless the persons having a right to appear before the board as

5   specified in those subsections request closure of hearing for reasons of personal

6   safety, in which event the hearing shall be closed. The time, date, and location of

7   closed hearings shall not be disclosed to the public.

8 (9) [Except as specifically set forth in this section, nothing in ]This section shall not[ be

9   deemed to] expand or abridge any existing rights of persons to contact and

10  communicate with the[ Parole] board or any of its members, agents, or employees,

11  except as specifically set forth in this section.

12 (10) The unintentional failure by the[ Parole] board, sheriff, chief of police, or any of its

13  members, agents, or employees or by a Commonwealth's attorney or any of his or

14  her agents or employees to comply with any of the provisions of subsections (5),

15  (6), and (8) of this section shall not affect the validity of any parole decision or give

16  rise to any right or cause of action by the crime victim, the prisoner, or any other

17  person.

18 (11) An[No] eligible sexual offender within the meaning of KRS 197.400 to 197.440

19  shall not be granted parole unless he or she has successfully completed the Sexual

20  Offender Treatment Program.

21 (12) Any prisoner who is granted parole after completion of the Sexual Offender

22  Treatment Program shall be required, as a condition of his or her parole, to

23  participate in regular treatment in a mental health program approved or operated by

24  the department[ of Corrections].

25 (13) When the board grants parole contingent upon completion of a program, the

26  commissioner, or his or her designee, shall determine the most appropriate

27  placement in a program operated by the department or a residential or

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    UNOFFICIAL COPY                                            26 RS HB 529/GA

1   nonresidential program within the community approved by the department. If the

2   department releases a parolee to a nonresidential program, the department shall

3   release the parolee only if he or she will have appropriate community housing

4   pursuant to KRS 439.3408.

5 (14) If the[ Parole] board does not grant parole to a prisoner, the maximum deferment

6   for a prisoner convicted of a non-violent, non-sexual Class C or Class D felony

7   shall be twenty-four (24) months. For all other prisoners who are eligible for parole:

8   (a) A[No] parole deferment greater than five (5) years shall not be ordered unless

9   approved by a majority vote of the full board; and

10  (b) A[No] deferment shall not exceed ten (10) years, except for life sentences.

11 (15) When an order for parole is issued, it shall recite the conditions of the

12  order[thereof], which may include requiring the person to participate in a specific

13  evidence-based program designed to reduce violence.

14  Section 3. Notwithstanding Section 1 of this Act, for one of the Parole Board

15 terms expiring in 2026, the immediate successor shall serve for a term of two years.

16  Section 4. Whereas the terms of four members of the Parole Board will expire

17 this year in rapid succession, and the continuity of operations of the Parole Board must be

18 maintained, an emergency is declared to exist, and Sections 1 and 3 of this Act take effect

19 upon its passage and approval by the Governor or upon its otherwise becoming a law.

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