supervision -- Effect.
Recommitment of a supervised individual on parole or post-release supervision to prison
or jail on a new sentence received for commission of a crime while on parole or other
post-release supervision shall automatically terminate his or her parole or other post-
release supervision status on any sentence on which he or she has not received a final
discharge, or a restoration of civil rights, prior to the date of recommitment. The prisoner
shall, at the time of the recommitment on the new sentence, begin to accrue additional
time credit toward conditional release or expiration of sentence on the sentence on which
he or she had previously been on community supervision unless he or she has been finally
discharged from community supervision on the sentence or has been restored to civil
rights prior to the date of the recommitment.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 44, sec. 6, effective July 15, 2020. -- Created
1962 Ky. Acts ch. 82, sec. 5.
Notes of Decisions
Nicholson v. Jud. Ret. & Removal Comm'n, 573 S.W.2d 642 (Ky. 1978).
· cites it 10× “" The grounds alleged were that KRS 439.352 mandated that Bell "should have accrued additional time toward the previous sentence which he had been sentenced to the penitentiary on.”
Boulder v. Parke, 791 S.W.2d 376 (Ky. Ct. App. 1990).
· cites it 4× “Appellant asserts that his due process rights were violated when his parole was automatically revoked, pursuant to KRS 439.352, upon his conviction for a crime committed while on parole.”
Rosenberg v. Defew, 862 S.W.2d 334 (Ky. Ct. App. 1993).
· cites it 3× “The Cabinet argues that “prison” as used in KRS 439.352 means only Kentucky prisons. More importantly, there is another statute, not cited by the parties, which refutes Rosenberg’s arguments.”
Wallace v. Wingo, 453 S.W.2d 557 (Ky. Ct. App. 1970).
“KRS 439.352 provides: “Recommitment of a parolee to a prison on a new sentence received for commission of a crime while on parole shall automatically terminate his parole status on any sentence on which he has not received a final discharge, or a restoration of civil rights,…”
Myrick v. Commonwealth, 456 S.W.2d 689 (Ky. Ct. App. 1970).
“KRS 439.352 provides that upon recom-mitment on a new sentence the prisoner shall begin to accrue additional time credit on the sentence on which he previously had been paroled.”
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