Kentucky Statutes 439.344 – Effect of parole time on sentence — Exceptions
Current as of: 2024 | Check for updates
|
Other versions
The period of time spent on parole shall count as a part of the prisoner’s sentence, except when a parolee is:
(1) Returned to prison as a parole violator for a new felony conviction;
(2) Returned to prison as a parole violator after charges have been filed or an indictment has been returned for a felony offense committed while on parole and the prisoner is subsequently convicted of that offense;
(3) Returned to prison as a parole violator and is subsequently convicted of a felony offense committed while on parole;
(4) Returned to prison as a parole violator for absconding from parole supervision, except that the time spent on parole prior to absconding shall count as part of the prisoner’s sentence;
(5) Returned to prison as a parole violator and it is subsequently determined that he or she owes restitution pursuant to KRS § 439.563 and has an arrearage on that restitution. Any credit withheld pursuant to this subsection shall be reinstated when the arrearage is paid in full;
(6) Classified as a violent offender pursuant to KRS § 439.3401; or
(7) A registered sex offender pursuant to KRS § 17.500 to KRS § 17.580.
Effective: April 12, 2010.
History: Amended 2010 Ky. Acts ch. 107, sec. 6, effective April 12, 2010. — Amended
2009 Ky. Acts ch. 57, sec. 2, effective June 25, 2009. — Created 1962 Ky. Acts ch.
82, sec. 2.
(1) Returned to prison as a parole violator for a new felony conviction;
Terms Used In Kentucky Statutes 439.344
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) Returned to prison as a parole violator after charges have been filed or an indictment has been returned for a felony offense committed while on parole and the prisoner is subsequently convicted of that offense;
(3) Returned to prison as a parole violator and is subsequently convicted of a felony offense committed while on parole;
(4) Returned to prison as a parole violator for absconding from parole supervision, except that the time spent on parole prior to absconding shall count as part of the prisoner’s sentence;
(5) Returned to prison as a parole violator and it is subsequently determined that he or she owes restitution pursuant to KRS § 439.563 and has an arrearage on that restitution. Any credit withheld pursuant to this subsection shall be reinstated when the arrearage is paid in full;
(6) Classified as a violent offender pursuant to KRS § 439.3401; or
(7) A registered sex offender pursuant to KRS § 17.500 to KRS § 17.580.
Effective: April 12, 2010.
History: Amended 2010 Ky. Acts ch. 107, sec. 6, effective April 12, 2010. — Amended
2009 Ky. Acts ch. 57, sec. 2, effective June 25, 2009. — Created 1962 Ky. Acts ch.
82, sec. 2.