KRS § 439.3406 — KY Code / Title XL / Chapter 439 / Section 439.3406
439.3406 Mandatory reentry supervision six months prior to projected completion date of inmate's sentence for inmate not granted discretionary parole -- Exceptions -- Terms of supervision -- No credit for time absconding -- Report
Status: in_force

439.3406 Mandatory reentry supervision six months prior to projected

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.