Kentucky Statutes 439.345 – Compliance credits for eligible parolees — Definitions — Administrative regulations
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(1) An individual on parole shall receive parole compliance credits to be applied toward the individual’s sentence, if the paroled individual does all of the following:
(a) Fulfills the terms of his or her case plan; (b) Has no new arrests; and
For details, see § 532.060
(c) Makes scheduled monthly payments for restitution, if any.
(2) (a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least one (1) year on supervision, the accrued supervised compliance credits shall be applied towards the individual’s sentence.
(b) As used in this subsection:
1. “Eligible” means an offender being supervised for a Class D felony that:
a. Does not qualify the offender as a violent offender as defined in KRS § 439.3401 or a sexual offender as defined in KRS
17.550; and
b. Did not result from a conviction of KRS § 508.025 where the victim was a peace officer; and
2. “Substantially compliant” means:
a. Compliance with the terms of his or her case plan;
b. Has no new arrests; and
c. Makes scheduled monthly payments for restitution, if any.
(3) (a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least two (2) years on supervision, the accrued supervised compliance credits shall be applied towards the individual’s sentence.
(b) As used in this subsection:
1. “Eligible” means an offender who:
a. Is not a persistent felony offender; and
b. Is being supervised for a Class C felony that:
i. Does not qualify the offender as a violent offender as defined in KRS § 439.3401 or a sexual offender as defined in KRS § 17.550; and
ii. Did not result from a conviction of KRS § 218A.1401,
218A.1410, 218A.1411, 218A.1412, 218A.1413,
218A.1414, 218A.1421, 218A.1423, 218A.1430,
218A.1438, 218A.1439, or 218A.286; and
2. “Substantially compliant” means:
a. Compliance with the terms of his or her case plan;
b. Has no new arrests; and
c. Makes scheduled monthly payments for restitution, if any.
(4) The department shall promulgate administrative regulations for the awarding of parole compliance credits and supervised compliance credits pursuant to this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 13, effective June 29, 2017. — Created 2011 Ky. Acts ch. 2, sec. 55, effective June 8, 2011.
(a) Fulfills the terms of his or her case plan; (b) Has no new arrests; and
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 439.345
- Case plan: means an individualized accountability and behavior change strategy for supervised individuals that:
(a) Targets and prioritizes the specific criminal risk factors of the individual based upon his or her assessment results. See Kentucky Statutes 446.010 - Conviction: A judgement of guilt against a criminal defendant.
- Month: means calendar month. See Kentucky Statutes 446.010
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(c) Makes scheduled monthly payments for restitution, if any.
(2) (a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least one (1) year on supervision, the accrued supervised compliance credits shall be applied towards the individual’s sentence.
(b) As used in this subsection:
1. “Eligible” means an offender being supervised for a Class D felony that:
a. Does not qualify the offender as a violent offender as defined in KRS § 439.3401 or a sexual offender as defined in KRS
17.550; and
b. Did not result from a conviction of KRS § 508.025 where the victim was a peace officer; and
2. “Substantially compliant” means:
a. Compliance with the terms of his or her case plan;
b. Has no new arrests; and
c. Makes scheduled monthly payments for restitution, if any.
(3) (a) After one (1) full calendar month of being supervised, a supervised individual eligible under this subsection on parole shall receive thirty (30) days of supervised compliance credit for every full calendar month he or she is substantially compliant with supervision. After a supervised individual has served at least two (2) years on supervision, the accrued supervised compliance credits shall be applied towards the individual’s sentence.
(b) As used in this subsection:
1. “Eligible” means an offender who:
a. Is not a persistent felony offender; and
b. Is being supervised for a Class C felony that:
i. Does not qualify the offender as a violent offender as defined in KRS § 439.3401 or a sexual offender as defined in KRS § 17.550; and
ii. Did not result from a conviction of KRS § 218A.1401,
218A.1410, 218A.1411, 218A.1412, 218A.1413,
218A.1414, 218A.1421, 218A.1423, 218A.1430,
218A.1438, 218A.1439, or 218A.286; and
2. “Substantially compliant” means:
a. Compliance with the terms of his or her case plan;
b. Has no new arrests; and
c. Makes scheduled monthly payments for restitution, if any.
(4) The department shall promulgate administrative regulations for the awarding of parole compliance credits and supervised compliance credits pursuant to this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 13, effective June 29, 2017. — Created 2011 Ky. Acts ch. 2, sec. 55, effective June 8, 2011.