The period of time spent on parole shall count as a part of the prisoner's sentence, except
when a parolee is:
(1) Returned to prison as a parole violator for a new felony conviction;
(2) Returned to prison as a parole violator after charges have been filed or an
indictment has been returned for a felony offense committed while on parole and
the prisoner is subsequently convicted of that offense;
(3) Returned to prison as a parole violator and is subsequently convicted of a felony
offense committed while on parole;
(4) Returned to prison as a parole violator for absconding from parole supervision,
except that the time spent on parole prior to absconding shall count as part of the
prisoner's sentence;
(5) Returned to prison as a parole violator and it is subsequently determined that he or
she owes restitution pursuant to KRS 439.563 and has an arrearage on that
restitution. Any credit withheld pursuant to this subsection shall be reinstated when
the arrearage is paid in full;
(6) Classified as a violent offender pursuant to KRS 439.3401; or
(7) A registered sex offender pursuant to KRS 17.500 to 17.580.
Effective: April 12, 2010.
History: Amended 2010 Ky. Acts ch. 107, sec. 6, effective April 12, 2010. -- Amended
2009 Ky. Acts ch. 57, sec. 2, effective June 25, 2009. -- Created 1962 Ky. Acts ch.
82, sec. 2.
Notes of Decisions
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
· cites it 14× “Part I, Section I(5)(c)(4)-(5) of HB 406 [1] drastically altered the law regarding whether time spent on parole would count toward a prisoner's unexpired sentence, providing that: (4) Probation and Parole Credit: Notwithstanding KRS 439.344, the period of time spent on parole…”
Hill v. Thompson, 297 S.W.3d 892 (Ky. Ct. App. 2009).
· cites it 3× “House Bill 406 states with respect to this issue: Probation and Parole Credit: Notwithstanding KRS 439.344, the period of time spent on parole shall count as a part of the prisoner’s remaining unexpired sentence when it is used to determine a parolee’s eligibility for a final…”
Kassulke v. Briscoe-Wade, 105 S.W.3d 403 (Ky. 2003).
· cites it 5× “Accordingly, KDOC recalculated her maximum and minimum expiration dates as provided in KRS 439.344 without credit for the time that she had spent on parole.”
Lynch v. Wingo, 425 S.W.2d 573 (Ky. Ct. App. 1968).
· cites it 4× “350 which could not be taken away by the repeal of that statute and its replacement (also in 1962) by KRS 439.344. It is provided in KRS 439.344 that: “The period of time spent on parole shall not count as a part of the prisoner’s maximum sentence except in determining parolee’s…”
Noland v. Dep't of Corr., 266 S.W.3d 249 (Ky. Ct. App. 2008).
· cites it 3× “) 269 § 36(a) contained the following provision: Probation and Parole Credit: Notwithstanding KRS 439.344, the period of time spent on parole shall count as a part of the prisoner’s remaining unexpired sentence, when it is used to determine a parolee’s eligibility for a final…”
Brock v. Sowders, 610 S.W.2d 591 (Ky. 1980).
“The judgment of the Carroll Circuit Court which directed that Brock be returned to Indiana to serve “said [concurrent] sentences” clearly reflects that the intention of the parties to the plea bargain was that the time spent in Indiana custody be equated with time spent in…”
Cox v. Commonwealth, 399 S.W.3d 431 (Ky. 2013).
· cites it 3× “KRS 439.344 provides, with exceptions not pertinent here, that “[t]he period of time spent on parole shall count as a part of the prisoner’s sentence.”
Hobbs v. Commonwealth, 690 S.W.2d 771 (Ky. Ct. App. 1985).
“KRS 439.344 and KRS 439.354 together with Eldridge v.”
Stokes v. Howard, 450 S.W.2d 520 (Ky. Ct. App. 1970).
“KRS 439.344 and KRS 439.354; Eldridge v. Howard, Ky.”
James Lang v. Commonwealth of Kentucky (Ky. 2022).
· cites it 6× “In contrast to then- existing KRS 439.344 which did not allow time on parole to count toward a prisoner’s maximum sentence, H.”
Carpenter v. Hart (W.D. Ky. 2021).
· cites it 4× “When Carpenter was released on parole, KRS 439.344 stated: “The period of time spent on parole shall not count as a part of the prisoner’s maximum sentence except in determining parolee’s eligibility for a final discharge from parole as set out in KRS 439.”
O'Conner v. Schneider, 117 S.W.3d 666 (Ky. Ct. App. 2003).
· cites it 3× “In reversing this Court, which had affirmed the Shelby Circuit Court’s order that such credit be given, our Supreme Court stated: *669 [W]e hold that, under KRS 439.344, KDOC properly denied custody credit to [Briseoe-Wade] for the time she spent incarcerated in Missouri.”
— Ky. Rev. Stat. § 439.344(2) — 2 cases
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
“Part I, Section I(5)(c)(4)-(5) of HB 406 [1] drastically altered the law regarding whether time spent on parole would count toward a prisoner's unexpired sentence, providing that: (4) Probation and Parole Credit: Notwithstanding KRS 439.344, the period of time spent on parole…”
Hill v. Thompson, 297 S.W.3d 892 (Ky. Ct. App. 2009).
“House Bill 406 states with respect to this issue: Probation and Parole Credit: Notwithstanding KRS 439.344, the period of time spent on parole shall count as a part of the prisoner’s remaining unexpired sentence when it is used to determine a parolee’s eligibility for a final…”
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