(1) The board shall:
(a) Study the case histories of persons eligible for parole, and deliberate on that
record;
(b) Conduct reviews and hearings on the desirability of granting parole;
(c) Impose upon the parolee or conditional releasee such conditions as it sees fit;
(d) Order the granting of parole upon a two-thirds (2/3) vote of the membership
of the full board, or pursuant to KRS 439.320(5);
(e) Issue warrants for persons charged with violations of parole and
postincarceration supervision and conduct hearings on such charges, subject
to the provisions of KRS 439.341, 532.043, and 532.400;
(f) Determine the period of supervision for parolees, which period may be subject
to extension or reduction after recommendation of the cabinet is received and
considered; and
(g) Grant final discharge to parolees.
(2) The board shall adopt an official seal of which the courts shall take judicial notice.
(3) The orders of the board shall not be reviewable except as to compliance with the
terms of KRS 439.250 to 439.560.
(4) The board shall keep a record of its acts, an electronic record of its meetings, a
written record of the votes of individual members, and the reasons for denying
parole to inmates. These records shall be public records in accordance with KRS
61.870 to 61.884. The board shall notify each institution of its decisions relating to
the persons who are or have been confined in that institution, and shall submit to the
Governor a report with statistical and other data of its work at the close of each
fiscal year.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 30, effective July 15, 2024. -- Amended
2011 Ky. Acts ch. 2, sec. 87, effective March 3, 2011; and ch. 2, sec. 101, effective
June 8, 2011. -- Amended 2005 Ky. Acts ch. 129, sec. 3, effective March 18, 2005. --
Amended 1994 Ky. Acts ch. 179, sec. 4, effective April 4, 1994. -- Amended 1982
Ky. Acts ch. 344, sec. 43, effective July 15, 1982. -- Amended 1980 Ky. Acts ch.
208, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 259, sec. 1,
effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(16). --
Created 1956 Ky. Acts ch. 101, sec. 9, effective May 18, 1956.
Notes of Decisions
Cited in
14
cases (
6 in the last 5 years), 1962–2026 · leading case:
Morrissey v. Brewer, 408 U.S. 471 (1972).
Morrissey v. Brewer, 408 U.S. 471 (1972).
· cites it 2× “§ 22-3721 (1971); Ky. Rev. Stat. Ann. § 439.330 (1) (e) (1962); La.”
Prater v. Commonwealth, 82 S.W.3d 898 (Ky. 2002).
“Cranfill, supra note 12 at 365 ("Clearly, the county judge could be authorized to perform an executive or administra-dve function, and the legislature could properly delegate to him, as it delegates to the Parole Board under KRS 439.330, the power of granting parole.”
Mullins v. Commonwealth, 956 S.W.2d 222 (Ky. Ct. App. 1997).
“KRS 439.330 and 439.340. Probation and parole also serve different functions and have different standards.”
Willard v. Ferguson, 358 S.W.2d 516 (Ky. Ct. App. 1962).
“*517 The General Assembly by KRS 439.330 has limited the right of review to questions of compliance with the parole act.”
Murphy v. Cranfill, 416 S.W.2d 363 (Ky. Ct. App. 1967).
“Clearly the county judge could be authorized to perform an executive or administrative function, and the legislature could properly delegate to him, as it delegates to the Parole Board under KRS 439.330, the power of granting parole.”
Lance Conn v. Kentucky Parole Bd. (Ky. 2024).
· cites it 4× “KRS 439.330 defines the duties of the Board and states in full as follows: (1) The board shall: (a) Study the case histories of persons eligible for parole, and deliberate on that record; (b) Conduct reviews and hearings on the desirability of granting parole; (c) Impose upon…”
Kentucky Parole Bd. v. Timothy Shane (Ky. 2026).
· cites it 3× “.” But the Court of Appeals omitted the last clause of the statute, which adds that the Board shall “conduct hearings on such charges, subject to the provisions of KRS 439.”
Adams v. Ferguson, 386 S.W.2d 462 (Ky. Ct. App. 1965).
“* * * The General Assembly by KRS 439.330 has limited the right of review to questions of compliance with the parole act.”
Mark Cranmer v. Just. & Pub. Saf. Cabinet (Ky. Ct. App. 2022).
“Furthermore, we note that KRS 439.330(1) states that the Board shall “(a) [s]tudy the case histories of persons eligible for parole, and deliberate on that record [and] (b) [c]onduct reviews and hearings on the desirability of granting parole[.”
— Ky. Rev. Stat. § 439.330(1) — 1 case
Mark Cranmer v. Just. & Pub. Saf. Cabinet (Ky. Ct. App. 2022).
“Furthermore, we note that KRS 439.330(1) states that the Board shall “(a) [s]tudy the case histories of persons eligible for parole, and deliberate on that record [and] (b) [c]onduct reviews and hearings on the desirability of granting parole[.”
— Ky. Rev. Stat. § 439.330(1)(e) — 3 cases
Kentucky Parole Bd. v. Timothy Shane (Ky. 2026).
“.” But the Court of Appeals omitted the last clause of the statute, which adds that the Board shall “conduct hearings on such charges, subject to the provisions of KRS 439.”
— Ky. Rev. Stat. § 439.330(3) — 2 cases
Lance Conn v. Kentucky Parole Bd. (Ky. 2024).
“KRS 439.330 defines the duties of the Board and states in full as follows: (1) The board shall: (a) Study the case histories of persons eligible for parole, and deliberate on that record; (b) Conduct reviews and hearings on the desirability of granting parole; (c) Impose upon…”
— Ky. Rev. Stat. § 439.330(e) — 1 case
— Ky. Rev. Stat. § 439.330(l)(e) — 1 case
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