As used in KRS 439.250 to 439.560, unless the context requires otherwise:
(1) "Secretary" means the secretary of the Justice and Public Safety Cabinet;
(2) "Commissioner" means the commissioner of the Department of Corrections;
(3) "Department" means the Department of Corrections;
(4) "Deputy commissioner" means the deputy commissioner of the Office of Adult
Institutions or the deputy commissioner of the Office of Community Services and
Facilities of the Department of Corrections;
(5) "Board" means the Parole Board created by KRS 439.320;
(6) "Community supervision" means:
(a) The placement of a defendant under supervision with conditions imposed by a
court for a specified period during which:
1. Criminal proceedings are deferred without an adjudication of guilt; or
2. A sentence of imprisonment or confinement, imprisonment and fine, or
confinement and fine, is probated and the imposition of sentence is
suspended in whole or in part; or
(b) The placement of an individual under supervision after release from prison or
jail, with conditions imposed by the board for a specified period;
(7) "Parole compliance credit" means a credit on a paroled individual's sentence for
program credit, work-for-time credit, educational accomplishment, or meritorious
service and shall be calculated pursuant to the applicable provisions in KRS
197.045 and 197.047;
(8) "Probation program credit" means a credit on the sentence of a supervised
individual who is on probation, probation with an alternative sentence, or
conditional discharge for educational credit, program completion credit, or work-
for-time credit calculated pursuant to KRS 439.268;
(9) "Supervised compliance credit" means a credit on a paroled individual's sentence
for compliance with supervision that shall be calculated pursuant to KRS 439.345;
(10) "Positive reinforcement" means any of a wide range of rewards and incentives,
including but not limited to awarding certificates of achievement, reducing
reporting requirements, deferring a monthly supervision fee payment, removing
supervision conditions such as home detention or curfew, or asking the supervised
individual to be a mentor to others;
(11) "Probation and parole district supervisor" means the highest ranking field probation
or parole administrator in each district; and
(12) "Supervised individual" means an individual placed on probation, probation with an
alternative sentence, or conditional discharge by a court or serving a period of
parole or post-release supervision from prison or jail.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 44, sec. 2, effective July 15, 2020. -- Amended
2017 Ky. Acts ch. 158, sec. 12, effective June 29, 2017. -- Amended 2011 Ky. Acts
ch. 2, sec. 29, effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 85, sec. 318,
effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 211, sec. 90, July 14, 1992. --
Amended 1982 Ky. Acts ch. 344, sec. 37, effective July 15, 1982. -- Amended 1974
Ky. Acts ch. 74, Art. V, secs. 24(16), 28. -- Amended 1966 Ky. Acts ch. 255, sec.
275. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 10. -- Amended 1958 Ky. Acts
ch. 126, sec. 42. -- Created 1956 Ky. Acts ch. 101, sec. 1.
Notes of Decisions
Cited in
14
cases (
3 in the last 5 years), 1958–2025 · leading case:
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014).
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014).
· cites it 3× “310, which states that the commissioner of the DOC shall appoint probation and parole officers to “administer the provisions of KRS 439.250 to 439.560.” The Commonwealth contends that this language demonstrates that the cited statutes, which include KRS 439.”
Stewart v. Commonwealth, 153 S.W.3d 789 (Ky. 2005).
“The judicial standard of review of decisions of the Parole Board is limited to an examination of compliance with the terms of KRS 439.250 to 439.560. In this case, Stewart was advised of the reasons for the decision of the Board and had the opportunity to be heard.”
Richardson v. Commonwealth, 494 S.W.3d 495 (Ky. Ct. App. 2015).
“…placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.” KRS 439.250(10).”
Taylor v. Asher, 317 S.W.2d 895 (Ky. Ct. App. 1958).
· cites it 3× “101, now KRS 439.250 to 439.990. The re-enacted statute prescribes a maximum period of five years of probation as follows : “The period of probation shall be fixed by the court and at any time may be extended or shortened by the court by order duly entered.”
Henderson v. Commonwealth, 507 S.W.2d 454 (Ky. Ct. App. 1974).
“Such information shall not be disclosed directly or indirectly to any person other than the court, board, department or others entitled under KRS 439.250 to 439.560 to receive such information, unless otherwise ordered by such court, board or department.”
Tabor v. Commonwealth, 625 S.W.2d 571 (Ky. 1981).
“Such information shall not be disclosed directly or indirectly to any person other than the court, board, bureau or others entitled under KRS 439.250 to 439.560 to receive such information, unless otherwise ordered by such court, board or bureau.”
Commonwealth v. Goff, 472 S.W.3d 181 (Ky. Ct. App. 2015).
“2011 HB 463 placed probation under the term “community supervision” as defined in KRS 439.250(6).”
Commonwealth v. Ballinger, 412 S.W.2d 576 (Ky. Ct. App. 1967).
“260: “(1) A circuit court, subject to the provisions and conditions provided in KRS 439.250 to 439.560, may postpone the entering of a judgment and the imposing of sentence and place the defendant on probation.”
Gossett v. Commonwealth, 384 S.W.2d 308 (Ky. Ct. App. 1964).
“The statutes which deal with the postponement of a judgment and probation of a defendant (KRS 439.250 through 439.300) are few and without detail.”
Commonwealth v. Fanelli, 445 S.W.2d 126 (Ky. Ct. App. 1969).
““(3) In the event an appeal is prosecuted and the judgment of the court is affirmed, the court may in its discretion, after the issuance of the mandate and its filing with the clerk of the circuit court, order that the execution of the sentence be postponed and that the…”
Noah Adams v. Kentucky Parole Bd. (Ky. Ct. App. 2023).
· cites it 2× “”16 Per KRS 439.250(6)(b),17 a person released from prison on supervision, like Adams, is on “community supervision.”
David Wayne Bailey v. Shannon Jones (Ky. 2019).
· cites it 2× “19 “[t]he orders of the board [are not] reviewable except as to compliance with the terms of KRS 439.250 to 439.560.”18 C. The Final Revocation Hearing Procedures Violate Due Process Bailey specifically argues that in Kentucky the final revocation hearing procedures violate…”
— Ky. Rev. Stat. § 439.250(10) — 2 cases
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014).
“310, which states that the commissioner of the DOC shall appoint probation and parole officers to “administer the provisions of KRS 439.250 to 439.560.” The Commonwealth contends that this language demonstrates that the cited statutes, which include KRS 439.”
Richardson v. Commonwealth, 494 S.W.3d 495 (Ky. Ct. App. 2015).
“…placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.” KRS 439.250(10).”
— Ky. Rev. Stat. § 439.250(6) — 1 case
Commonwealth v. Goff, 472 S.W.3d 181 (Ky. Ct. App. 2015).
“2011 HB 463 placed probation under the term “community supervision” as defined in KRS 439.250(6).”
— Ky. Rev. Stat. § 439.250(6)(b) — 1 case
Noah Adams v. Kentucky Parole Bd. (Ky. Ct. App. 2023).
“”16 Per KRS 439.250(6)(b),17 a person released from prison on supervision, like Adams, is on “community supervision.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.