KRS § 439.3405 — KY Code / Title XL / Chapter 439 / Section 439.3405
439.3405 Parole of prisoners with documented terminal medical conditions -- Hearing
Status: in_force

439.3405 Parole of prisoners with documented terminal medical conditions --

Hearing.

(1) Notwithstanding any statute eliminating parole or establishing minimum time for

parole eligibility for a certain class or status of offender, including KRS

439.340(11), 439.3401, 532.080(7), and 533.060, the board, with the written

consent of a majority of the full board, may review the case of any prisoner and

release that prisoner on parole despite any elimination of or minimum time for

parole eligibility, when the prisoner has a documented terminal medical condition

likely to result in death within one (1) year or severe chronic lung disease, end-stage

heart disease, severe neuro-muscular disease such as multiple sclerosis; or has

severely limited mobility as a result of stroke, disease, or trauma; or is dependent on

external life support systems and would not pose a threat to society if paroled.

(2) Medical information considered under this section shall be limited to the medical

findings supplied by Department of Corrections medical staff. The medical staff

shall provide in writing the prisoner's diagnosis and prognosis in support of the

conclusion that the prisoner suffers from a terminal medical condition likely to

result in death within one (1) year or because of the conditions set forth in

subsection (1) of this section he or she is substantially dependent on others for the

activities of daily living.

(3) The medical information prepared by the Department of Corrections medical staff

under this section shall be forwarded to the medical director of the Department of

Corrections who shall submit that information and a recommendation for or against

parole review under this section to the commissioner of the Department of

Corrections or his or her designee. With the approval of the commissioner of the

Department of Corrections, a request for parole review under this section, along

with the medical information and medical director's recommendation, shall be

submitted to the board.

(4) Medical information presented under this section shall be considered along with

other information relevant to a decision regarding the granting of parole and shall

not constitute the only reason for granting parole.

(5) Notwithstanding KRS 439.340(5), in addition to or in conjunction with each review

conducted under subsection (1) of this section for any prisoner convicted of a Class

A or B felony, or of a Class C felony involving violence or a sexual offense and

prior to the granting of parole to any such prisoner, the Parole Board shall conduct a

hearing of which the following persons shall receive not less than fifteen (15) nor

more than thirty (30) days' notice:

(a) The Commonwealth's attorney, who shall notify the sheriff of every county

and the chief of police of every city and county in which the prisoner

committed any Class A, B, or C felony for which he or she is imprisoned; and

(b) All identified victims of the crimes or the next of kin of any victim who is

deceased.

Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means,

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

Commonwealth attorney's business office. Notices received by chiefs of police and

sheriffs shall be posted in a conspicuous location where police employed by the

department may see it. Notices shall be posted in a manner and at a time that will

allow officers to make comment thereon to the Parole Board. Notice to victims or

their next of kin shall be made by mail, fax, or electronic means, at the discretion of

the board, to their last known address or telephone number as provided by the

Commonwealth's attorney to the Parole Board at the time of incarceration of the

prisoner. Notice to the victim or the next of kin of subsequent considerations for

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

gives notice to the board that he or she no longer wants to receive such notices. The

notice shall include the time, date, and place of the hearing provided for in this

subsection, and the name and address of a person to write if the recipient of the

notice desires to attend the hearing or to submit written comments.