Ky. Rev. Stat. » Chapter 196

Ky. Rev. Stat. § 196.045

Administrative regulations for restoration of civil rights to eligible felony

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offenders. (1) The Department of Corrections shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement a simplified process for the restoration of civil rights to eligible felony offenders. As part of this simplified process, the Department of Corrections shall: (a) Inform eligible offenders about the process for restoration of civil rights and provide a standard form which individuals may sign upon their release to formally request that the Department of Corrections initiate the process; (b) Generate a list on a monthly basis of eligible offenders who have been released by the Department of Corrections or discharged by the Parole Board and who have requested that their civil rights be restored; (c) Conduct an investigation and compile the necessary information to ensure that all restitution has been paid and that there are no outstanding warrants, charges, or indictments; (d) Provide notice to the Commonwealth's attorney in the county of commitment and to the Commonwealth's attorney in the offender's county of residence, setting out in the notification the criminal case number and charges for which the offender was convicted; and (e) Forward information on a monthly basis of eligible felony offenders who have requested restoration of rights to the Office of the Governor for consideration of a partial pardon. (2) As used in this section, "eligible felony offender" means a person convicted of one (1) or more felonies who: (a) Has reached the maximum expiration of his or her sentence or has received final discharge from the Parole Board; (b) Does not have any pending warrants, charges, or indictments; and (c) Had paid full restitution as ordered by the court or the Parole Board. (3) As used in this section, "civil rights" means the ability to vote, serve on a jury, obtain a professional or vocational license, and hold an elective office. It does not include the right to bear arms. (4) Any eligible offender not provided for under subsection (2) of this section may submit an application directly to the Department of Corrections to initiate the process outlined in subsection (1) of this section. Effective: June 21, 2001 History: Created 2001 Ky. Acts ch. 115, sec. 1, effective June 21, 2001.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2023 · leading case: Deric Lostutter v. Commonwealth of Ky.
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Deric Lostutter v. Commonwealth of Ky. (2023) ca6 · cites it 4× “” Ky. Rev. Stat. Ann. § 196.045 . The Governor then exercises his or her complete discretion in granting or denying the request.”
Deric Lostutter v. Commw. of Ky. (2021) ca6 · cites it 2× “” Ky. Rev. Stat. Ann. § 196.045 . When Plaintiffs filed the operative complaint, brought under 42 U.”
Lostutter v. Commonwealth of Kentucky (2020) kyed · cites it 2× “§ 196.045(1). Accordingly, every month the Department forwards information regarding “eligible felony offenders who have 1 Pursuant to Federal Rule of Civil Procedure 25(d), a public officer’s successor may be automatically substituted as a party.”
Lostutter v. Commonwealth of Kentucky (2022) kyed · cites it 2× “” If a person with a felony conviction does not qualify for automatic restoration of their civil rights under the Executive Order, they can submit an application for restoration under KRS 196.045 and the guidelines set by the Governor.”
— Ky. Rev. Stat. § 196.045(1) — 1 case
Lostutter v. Commonwealth of Kentucky (2020) kyed “§ 196.045(1). Accordingly, every month the Department forwards information regarding “eligible felony offenders who have 1 Pursuant to Federal Rule of Civil Procedure 25(d), a public officer’s successor may be automatically substituted as a party.”
— Ky. Rev. Stat. § 196.045(1)(e) — 1 case
Lostutter v. Commonwealth of Kentucky (2020) kyed “§ 196.045(1). Accordingly, every month the Department forwards information regarding “eligible felony offenders who have 1 Pursuant to Federal Rule of Civil Procedure 25(d), a public officer’s successor may be automatically substituted as a party.”
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