(1) Except as provided in subsection (2) of this section, when any paroled prisoner has
performed the obligations of his or her parole during his or her period of active
parole supervision the board may, at the termination of such period to be
determined by the board, issue a final discharge from parole to the prisoner. Unless
ordered earlier by the board, a final discharge shall be issued when the prisoner has
been out of prison on parole a sufficient period of time to have been eligible for
discharge from prison by minimum expiration of sentence had he or she not been
paroled, provided before this date he or she had not absconded from parole
supervision or that a warrant for parole violation had not been issued by the board.
(2) When any paroled prisoner classified as a violent offender pursuant to KRS
439.3401, or registered as a sex offender pursuant to KRS 17.500 to 17.580, has
performed the obligations of his or her parole, the board shall issue a final discharge
from parole to the prisoner when the prisoner has been out of prison on parole a
sufficient period of time to have been eligible for discharge from prison by
maximum expiration of sentence had he or she not been paroled, provided before
this date he or she had not absconded from parole supervision or that a warrant for
parole violation had not been issued by the board.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 57, sec. 3, effective June 25, 2009. -- Created
1962 Ky. Acts ch. 82, sec. 6.
Notes of Decisions
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
· cites it 10× “(5) Minimum Expiration of Sentence: Notwithstanding KRS 439.354, a final discharge shall be issued when the prisoner has been out of prison on parole a sufficient period of time to have been eligible for discharge from prison by minimum expiration of sentence had he not been…”
Cox v. Commonwealth, 399 S.W.3d 431 (Ky. 2013).
· cites it 4× “” Also amended in 2009, KRS 439.354 provides in pertinent part that [ujnless ordered earlier by the [parole] board, a final discharge [from parole] shall be issued when the prisoner has been out of prison on parole a sufficient period of time to have been eligible for discharge…”
Kassulke v. Briscoe-Wade, 105 S.W.3d 403 (Ky. 2003).
“344 states that “[t]he period of time spent on parole shall not count as part of a prisoner’s maximum sentence except in determining parolee’s eligibility for a final discharge from parole as set out in KRS 439.354.” 11 Our predecessor applied this provision as written 12 and,…”
Noland v. Dep't of Corr., 266 S.W.3d 249 (Ky. Ct. App. 2008).
“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 discharge from parole as set out in KRS 439.354, or when a parolee is returned as a parole violator for…”
Lynch v. Wingo, 425 S.W.2d 573 (Ky. Ct. App. 1968).
“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 eligibility for a final discharge from parole as set out in KRS 439.354.” Prior to the enactment of KRS 439.”
Dublin v. Osborne, 388 S.W.2d 588 (Ky. Ct. App. 1965).
“KRS 439.354. Dublin’s petition for rehearing in his appeal from the second conviction was overruled by this Court November 20, 1964, and the mandate of this Court was issued, affirming the judgment of the Calloway Circuit Court, which had been entered February 28, 1963, and…”
Rex Melton v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 12× “See generally KRS 439.354 (setting -9- forth circumstances in which the parole board may or shall issue a final discharge from parole).”
Hobbs v. Commonwealth, 690 S.W.2d 771 (Ky. Ct. App. 1985).
“344 and KRS 439.354 together with Eldridge v. Howard, Ky.”
Stokes v. Howard, 450 S.W.2d 520 (Ky. Ct. App. 1970).
“344 and KRS 439.354; Eldridge v. Howard, Ky., 427 S.”
Eldridge v. Howard, 427 S.W.2d 579 (Ky. Ct. App. 1968).
· cites it 2× “344 provides: “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 439.354.” KRS 439.354 provides: “When any paroled prisoner has performed…”
Carpenter v. Hart (W.D. Ky. 2021).
“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 439.354.” (effective 6-14- 62). Carpenter objects to the Magistrate…”
O'Conner v. Schneider, 117 S.W.3d 666 (Ky. Ct. App. 2003).
“344 states that [t]he period of time spent on parole shall not count as part of a prisoner’s maximum sentence except in determining parolee’s eligibility for a final discharge from parole as set out in KRS 439.354. Our predecessor applied this provision as written and, in an…”
— Ky. Rev. Stat. § 439.354(1) — 2 cases
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
“(5) Minimum Expiration of Sentence: Notwithstanding KRS 439.354, a final discharge shall be issued when the prisoner has been out of prison on parole a sufficient period of time to have been eligible for discharge from prison by minimum expiration of sentence had he not been…”
Rex Melton v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“See generally KRS 439.354 (setting -9- forth circumstances in which the parole board may or shall issue a final discharge from parole).”
— Ky. Rev. Stat. § 439.354(2) — 1 case
Rex Melton v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“See generally KRS 439.354 (setting -9- forth circumstances in which the parole board may or shall issue a final discharge from parole).”
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