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Frequently Asked Questions

Frequently Asked Questions:

Answers:

The Board considers a number of factors, including:

  • The nature of the offense.

  • Any prior juvenile, misdemeanor, or felony convictions.

  • Input from victims and others who have been affected by the crime.

  • Probation and parole history.

  • Institutional conduct, participation in rehabilitation programs and relevant psychological evaluations.

  • Statements from the sentencing judge and prosecuting attorney.

  • An evaluation of community resources available to help the offender re-enter society.

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Once the Board has interviewed the inmate and reviewed both the central office file and the institutional file, it has three options:

  • Defer the sentence. The Board denies parole and establishes a future date for the inmate to meet the Board for another hearing. There are a number of reasons why a deferment is given: not enough time served for the type of crime committed; not a good parole risk at that time; need for further counseling or program involvement; or poor institutional behavior.

  • Serve Out the entire sentence imposed by the court minus any good time credits he gets pursuant to Kentucky law. In this case, the inmate is not eligible for any future parole hearings.

  • Parole the inmate, which means that once the inmate’s home and job placements are approved by the local parole office, s/he will be released to continue his/her sentence in the community under conditions set by the Board and under the supervision of their parole officer.

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The inmate’s home and job placement must be verified and approved before they are released. This may take several days or several weeks depending on the circumstances.

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Most hearings are held through video conferencing. The Board travels to the private prisons if video conferencing is unavailable. Class D felons housed in county jails do not get a hearing. Instead a decision is made based upon a file review.

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Only inmates may participate in the Parole Board hearings. Those who desire to show their support for parole, may do so through written correspondence to the Board. The correspondence is placed in the inmate’s file.

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Parole Board hearings are open meetings, however, for security reasons the Board cannot arrange for friends and family members to attend inmate hearings. These arrangements must be made through the Warden’s office of the institution where the inmate is housed.

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If the inmate has a face to face hearing the Parole Board decision is normally given to the inmate in writing at the conclusion of the hearing. If the decision is not reached at the face-to-face hearing, the decision is mailed to the inmate, which may take several days.

Class D inmates are considered by file review rather than by a face-to-face hearing, therefore, the decision sheet is mailed to the inmate. The review process lasts for several days. Once all Class D inmate files are reviewed and decided upon, the paperwork for each case is forwarded to the jail and distributed by jail officials. This generally takes about 10 days; therefore, the decision will not be released until 10 days after all Class D inmates are reviewed, so that the inmate will know the decision before anyone else.

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Inmates have the right to ask for a reconsideration of the Board’s decision within 21 days of the hearing. Only inmates or their legal representative may ask for reconsideration and they must do so in writing. There are only three reasons the Parole Board reconsiders a decision.

These are:

  • New evidence

  • Substantiated misconduct by a Board Member

  • Significant procedural errors by a Board Member

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The Board’s schedule is prepared only a few weeks in advance. The actual date of the inmate’s hearing is not decided until the schedule is prepared.

However, if you plan to be present for the hearing, you should contact the Warden’s office at the facility where he or she is housed and request to attend. You will receive written confirmation of the date of the hearing as soon as a date is set.

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At the time of sentencing, the parole officer completes a victim notification form. The parole officer obtains the victim information from the Commonwealth Attorney’s file. This form is then forwarded to the Parole Board.

If the victim, or next of kin, has moved since sentencing, they need to make sure that they have notified the Parole Board with their new information. They will then be notified before the parole hearing and given the opportunity to address the Board before the inmate is seen.

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Yes, VINE will notify you of an inmate’s upcoming parole eligibility.  If you are a victim, you will also need to contact the Office of Parole and Victim Services to inform them if you wish to provide input to a hearing.  You may contact them at 1-800-221-5991.

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To make sure that victims are registered with the Parole Board for notification of the parole hearing, they may contact us at our toll free number, (800) 221-5991 or by email at Charlotte.Ellis@ky.gov.

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An Administrative Law Judge (ALJ) will conduct a preliminary hearing to determine if there is probable cause to believe that the parolee has violated the terms and conditions of parole. Evidence is heard and witnesses are questioned. The ALJ prepares a written summary of the preliminary hearing.

If the ALJ finds probable cause exists a parole violation warrant is issued immediately upon receipt of the written summary. The parole violator is held at the county jail pending issuance of the warrant. If a warrant is issued, the Department of Corrections will return the parole violator to the Assessment Center.

If probable cause is not found by the ALJ, the written summary of the hearing will be forwarded to the supervising parole officer for the parolee’s release back to supervision.

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All parole violators meet with the Parole Board for their final parole revocation hearing at either the Assessment Center/Roederer Correctional Complex in LaGrange or at the Kentucky Correctional Institution for Women (KCIW).

When space is available at the facility, Corrections returns the parolee and notifies the Parole Board of his return. The Board meets the parole violator within 30 days of his or her return to the Assessment Center or KCIW.

Virtually all final parole revocation hearings are conducted by video conference.

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The usual final parole revocation hearing is summary in nature and based upon the record made before the Administrative Law Judge and information gathered at the final parole revocation hearing.

The parole violator may however make a request for a "special hearing" when he/she meets with the Board if he/she has a new or different information than that which was presented at the preliminary hearing and can demonstrate that the information was not available at the time of the preliminary hearing.

Special hearings are discretionary. They are hearings with witnesses and an attorney.

The parole violator must make the request before the final hearing begins. The Board will take the request under advisement. If the Board decides that a special hearing should be granted, the case will be continued and deferred for two (2) months to set up the hearing and call witnesses and notify the attorney. If the request for a "special hearing" is denied, the final parole revocation hearing will continue immediately.

 

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Last Updated 7/19/2012
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