Kentucky Revised Statutes

Ky. Rev. Stat. § 439.320 (2026)

Parole board -- Members' qualifications, terms, compensation --

✓ current as of May 2026
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Chairperson -- Administrative regulations -- Quorum. (1) (a) The Governor shall appoint a Parole Board consisting of nine (9) full-time members to be confirmed by the Senate in accordance with KRS 11.160. (b) The Governor shall make each appointment from a list of three (3) names given to him or her by the Kentucky State Corrections Commission. (c) Each member appointed to the board shall have had at least five (5) years of actual experience in the field of penology, correction work, law enforcement, sociology, law, education, social work, medicine, or a combination thereof, or have served at least five (5) years previously on the Parole Board. (d) No more than six (6) board members shall be of the same political party. (e) The board shall be attached to the Justice and Public Safety Cabinet for administrative purposes only. The Department of Corrections shall provide any clerical, stenographic, administrative, and expert staff assistance the board deems necessary to carry out its duties. (2) The Governor shall designate one (1) member as chairperson of the board. The member designated as chairperson shall serve in that capacity at the pleasure of the Governor or until his or her term expires. (3) (a) The members of the board shall give full time to the duties of their office and shall receive necessary traveling expenses and a salary to be determined pursuant to KRS 64.640(2), except the chairperson of the board shall receive additional compensation of one thousand dollars ($1,000) per year for his or her services. (b) The members of the board shall serve at the pleasure of the Governor, but for no more than four (4) years without reappointment. Their successors shall be appointed thereafter as provided in this section. A vacancy occurring before expiration of the term of office shall be similarly filled for the unexpired term. (4) The organization of the board shall be determined by the chairperson and shall be consistent with administrative regulations promulgated pursuant to KRS 439.340. For policy and procedural matters, five (5) members shall constitute a quorum. (5) Parole and final parole revocation hearings may be done by panels of the board, subject to the following requirements: (a) A panel shall consist of not less than three (3) and not more than six (6) members; and (b) All members of the panel shall agree on a decision or the matter shall be referred to the full board. (6) The Governor may not remove any member of the board except for disability, inefficiency, neglect of duty, or malfeasance in office. Before removal, he or she shall give the member a written copy of the charges against him or her and shall fix the time when he or she can be heard in his or her defense, which shall not be less than ten (10) days thereafter. Upon removal, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and the findings thereupon with a record of the proceedings. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 29, effective July 15, 2024. -- Amended 2013 Ky. Acts ch. 72, sec. 4, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 156, sec. 12, effective July 12, 2012. -- Repealed, reenacted, and amended 2010 Ky. Acts ch. 107, sec. 4, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 158, sec. 1, effective July 1, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 319, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 129, sec. 1, effective March 18, 2005. -- Amended 2000 Ky. Acts ch. 298, sec. 1, effective July 14, 2000; and ch. 456, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 541, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 179, sec. 3, effective July 15, 1994; and ch. 227, sec. 11, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 96, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 412, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 92, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 344, sec. 42, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 159, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 83, sec. 14, effective March 29, 1976. -- Amended 1972 Ky. Acts ch. 291, sec. 1. -- Amended 1963 (2nd Extra. Sess.) Ky. Acts ch. 4, sec. 4. -- Created 1956 Ky. Acts ch. 101, sec. 8, effective May 18, 1956. Legislative Research Commission Note (7/15/2010). 2008 Ky. Acts ch. 107, sec. 12, provides that "The intent of the General Assembly in repealing and reenacting KRS 439.320, 439.340, and 532.200 in Sections 4, 5, and 10 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 158. The specific textual provisions of Sections 4, 5, and 10 of this Act which reflect amendments made to those sections by 2008 Ky. Acts ch. 158 shall be deemed effective as of April 24, 2008, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text from those sections being unaffected by the provisions of this section." This statute is affected by that language.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1966–2026 · leading case: Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988).
Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988). · cites it 2× “It is administered by the Parole Board, an autonomous body appointed as directed in KRS 439.320. Parole is nothing more than post-conviction clemency, a matter of grace.”
Young v. Commonwealth, 129 S.W.3d 343 (Ky. 2004). · cites it 2× “3d at 345 , see KRS 439.320 (describing the procedures for the appointment of Parole Board Members and the length of their terms), and I would observe that the records that Appellant sought to introduce reflected parole decisions made by Parole Boards appointed by both Governor…”
Murphy v. Cranfill, 416 S.W.2d 363 (Ky. Ct. App. 1967). “KRS 439.320 to KRS 439.520 provide for a Parole Board with many duties, among which are the promulgation of rules and regulations governing the eligibility of prisoners for parole and the appointment of parole officers.”
Matthews v. Pound, 403 S.W.2d 7 (Ky. Ct. App. 1966). “In the request reference was made to the authority of the Governor to remove members of the parole board for cause under KRS 439.320. The Commonwealth’s attorneys of two other judicial districts, pursuant to KRS 15.”
Harrison v. Robuck, 508 S.W.2d 767 (Ky. Ct. App. 1974). “The statutory provisions for the removal from office of a member of the Parole Board under KRS 439.320(4), and the authority of the Attorney General to institute quo warranto proceedings are the legal avenues afforded for removal of these officials.”
Kentucky Parole Bd. v. Timothy Shane (Ky. 2026). · cites it 4× “KRS 439.320 simply describes how the Board may divide its work, allowing for decisions to be made from panels of members.”
Timothy Shane v. Kentucky Parole Bd. (Ky. Ct. App. 2023). · cites it 3× “) Most relevant to our analysis is KRS 439.320(4) which provides: The organization of the board shall be determined by the chairperson and shall be consistent with administrative regulations promulgated pursuant to KRS 439.”
Lance Conn v. Kentucky Parole Bd. (Ky. 2024). · cites it 2× “29; KRS 439.320. “[A]dministrative agencies have no inherent authority and may exercise only such authority as may be legislatively conferred.”
David Wayne Bailey v. Shannon Jones (Ky. 2019). “KYPB 30-02 Section C(2)(a) states that at the final hearing “[t]he evidence shall be limited to the administrative record made before the Administrative Law Judge, except that: [t]he Board, in its discretion, may consider any records provided by the Department of Corrections…”
— Ky. Rev. Stat. § 439.320(1) — 1 case
David Wayne Bailey v. Shannon Jones (Ky. 2019). “KYPB 30-02 Section C(2)(a) states that at the final hearing “[t]he evidence shall be limited to the administrative record made before the Administrative Law Judge, except that: [t]he Board, in its discretion, may consider any records provided by the Department of Corrections…”
— Ky. Rev. Stat. § 439.320(4) — 2 cases
Harrison v. Robuck, 508 S.W.2d 767 (Ky. Ct. App. 1974). “The statutory provisions for the removal from office of a member of the Parole Board under KRS 439.320(4), and the authority of the Attorney General to institute quo warranto proceedings are the legal avenues afforded for removal of these officials.”
Timothy Shane v. Kentucky Parole Bd. (Ky. Ct. App. 2023). “) Most relevant to our analysis is KRS 439.320(4) which provides: The organization of the board shall be determined by the chairperson and shall be consistent with administrative regulations promulgated pursuant to KRS 439.”
— Ky. Rev. Stat. § 439.320(5) — 2 cases
Kentucky Parole Bd. v. Timothy Shane (Ky. 2026). “KRS 439.320 simply describes how the Board may divide its work, allowing for decisions to be made from panels of members.”
Lance Conn v. Kentucky Parole Bd. (Ky. 2024). “29; KRS 439.320. “[A]dministrative agencies have no inherent authority and may exercise only such authority as may be legislatively conferred.”
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