Parole is the conditional release of a person from prison before they complete their full sentence. A prisoner in Kentucky may be granted parole after serving a minimum portion of their sentence. Persons eligible for parole must attend a hearing before the state Parole Board to ask to be released on parole. 

If the Parole Board grants the request for parole, the prisoner is released from prison and serves the rest of their sentence under the supervision of a parole officer.

When Is a Prisoner Eligible for Parole in Kentucky?

Generally, a prisoner is eligible for parole once they complete at least 15% of their original prison sentence. However, there are some exceptions.

If a person is convicted of a violent crime or sex offense, different rules apply to be eligible for parole. Those rules include:

  • Prisoners convicted of a violent crime must serve a minimum of 85% of their original sentence to be eligible for parole.
  • Prisoners convicted of a sex crime must complete a sex offender treatment program operated by the Kentucky Department of Corrections before they are considered for parole.

Being eligible for parole does not guarantee a prisoner will be released. They must petition the Parole Board to be approved for early release.

What Is the Role of the Kentucky Parole Board?

The Governor appoints the members of the Kentucky Parole Board. It consists of nine individuals who hold parole eligibility hearings. According to KRS §439.330, the duties of the Parole Board include:

  • Study and discuss the case histories of prisoners eligible for parole
  • Hold review and hearings to determine the desirability of granting parole to a prisoner
  • Impose conditions upon the parolee or conditional release as the board sees fit
  • Grant parole with a two-thirds vote by the members of the full board
  • Issue warrants for individuals who violate parole and conduct hearings on parole violations
  • Determine how long a prisoner must remain on supervised parole
  • Grant a final discharge to individuals who complete their parole period successfully

The members of the Parole Board decide whether to grant or deny parole to a prisoner. They base their decisions on many factors they deem relevant to the situation, including the seriousness of the crime and the prisoner’s criminal history, attitude, and prison record.

What Happens at a Parole Hearing in Kentucky?

The law only requires that two board members are present for a Parole Board hearing. Generally, hearings are held by video conference. The members hear the prisoner’s case and reasons why they should be released on parole.

If the members disagree on whether to grant parole, the case goes before the entire board. The decision is made by a majority vote.

There are three potential outcomes of a Parole Board hearing:

  • Parole is denied, and the prisoner is ordered to serve the remaining portion of the sentence in prison;
  • The parole is granted, and the prisoner is released with a specific set of conditions and terms; or,
  • The parole is deferred. In this case, the prisoner can petition for parole at a future date.

If the board members deny parole, a prison may request reconsideration by the Parole Board. The prisoner or their attorney must submit the request for reconsideration in writing within 21 days. If the request is late, the Parole Board denies the request.

Reasons why the Parole Board may grant a request for reconsideration include:

  • Evidence of a significant error in procedure by a board member
  • Allegations of misconduct by a board member that are evidenced by the record
  • New evidence that was not available for the original hearing

The Parole Board considers requests for reconsideration. If the majority of the board agrees, the matter is set for a new hearing.

What Happens if You Violate Parole in Kentucky?

Parole violations could result in your parole being revoked. You would be returned to prison. However, do not admit to a parole violation without speaking with a criminal defense attorney. You are entitled to a probable cause hearing and a parole revocation hearing.

If you have questions about the parole process in Kentucky, contact our criminal defense lawyers. We offer free consultations so you can get the advice you need before you face the Parole Board.

Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States