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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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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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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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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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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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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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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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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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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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