439.3406 Mandatory reentry supervision six months prior to projected
609 words·~3 min read·
/ky/439-3406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
completion date of inmate's sentence for inmate not granted
discretionary parole -- Exceptions -- Terms of supervision -- No credit for
time absconding -- Report.
(1)The board shall order mandatory reentry supervision six
(6)months prior to the
projected completion date of an inmate's sentence for an inmate who has not
been granted discretionary parole.
(2)The provisions of subsection
(1)of this section shall not apply to an inmate
who:
(a)Is not eligible for parole by statute;
(b)Has been convicted of a capital offense or a Class A felony;
(c)Has a maximum or close security classification as defined by
administrative regulations promulgated by the department;
(d)Has been sentenced to two
(2)years or less of incarceration;
(e)Is subject to the provisions of KRS 532.043;
(f)Has six
(6)months or less to be served after his or her sentencing by a
court or recommitment to prison for a violation of probation, shock
probation, parole, or conditional discharge;
(g)If recommitted to prison for a violation of probation, shock probation,
parole, or conditional discharge, has not served at least six
(6)months
since being recommitted; or
(h)Has twice been released on mandatory reentry supervision.
(3)An inmate granted mandatory reentry supervision pursuant to this section may
be returned by the board to prison for violation of the conditions of supervision
and shall not again be eligible for mandatory reentry supervision during the
same period of incarceration.
(4)An inmate released to mandatory reentry supervision shall be considered to be
released on parole.
(5)Mandatory reentry supervision is not a commutation of sentence or any other
form of clemency.
(6)No hearing shall be required for the board to order an inmate to mandatory
reentry supervision pursuant to subsection
(1)of this section. Terms of
supervision for inmates released on mandatory reentry supervision shall be
established as follows:
(a)The board shall adopt administrative regulations establishing general
conditions applicable to each inmate ordered to mandatory reentry
supervision pursuant to subsection
(1)of this section. If an inmate is
ordered to mandatory reentry supervision, the board's order shall set forth
the general conditions and shall require the inmate to comply with the
general conditions and any requirements imposed by the department in
accordance with this section;
(b)Upon intake of an inmate ordered to mandatory reentry supervision by
the board, the department shall use the results of the risk and needs
assessment administered pursuant to KRS 439.3104(1) to establish
appropriate terms and conditions of supervision, taking into consideration
the level of risk to public safety, criminal risk factors, and the need for
treatment and other interventions. The terms and conditions imposed by
the department under this paragraph shall not conflict with the general
conditions adopted by the board pursuant to paragraph
(a)of this
subsection; and
(c)The powers and duties assigned to the commissioner in relation to
probation or parole under KRS 439.470 shall be assigned to the
commissioner in relation to mandatory reentry supervision.
(7)Subject to subsection
(3)of this section, the period of mandatory reentry
supervision shall conclude upon completion of the individual's minimum
expiration of sentence.
(8)If the board issues a warrant for the arrest of an inmate for absconding from
supervision during the mandatory reentry supervision period, and the inmate is
subsequently returned to prison as a violator of conditions of supervision for
absconding, the inmate shall not receive credit toward the remainder of his or
her sentence for the time spent absconding.
(9)The department shall report the results of the mandatory reentry supervision
program to the Interim Joint Committee on Judiciary by February 1, 2015.