supervision, when -- Detention -- Report to commissioner -- Return of prisoner
to prison -- Prisoner for whose return a warrant has been issued to be deemed
a fugitive from justice -- Effect of violation of parole.
(1) Any parole officer having reason to believe that a parolee or a person on
postincarceration supervision pursuant to KRS 532.043 or 532.400 has violated the
terms of his or her release may arrest the parolee or offender on postincarceration
supervision without a warrant or may deputize any other peace officer to do so by
giving him or her a written statement setting forth that the parolee or offender on
postincarceration supervision, in the judgment of the parole officer, has violated the
conditions of his or her release. The written statement delivered with the parolee or
offender on postincarceration supervision by the arresting officer to the official in
charge of the station house, jail, workhouse, or other place of detention, shall be
sufficient warrant for the detention of the parolee or offender on postincarceration
supervision. The parole officer who arrests or causes the arrest of the prisoner shall
notify the commissioner or his or her designee at once of the arrest and detention of
the parolee or offender on postincarceration supervision, and shall submit in writing
a report showing in what manner there has been a violation of the conditions of
release. Thereupon, if the commissioner or his or her designee believes the parolee
or offender on postincarceration supervision should be returned to prison, the
commissioner or his or her designee at once shall submit his or her
recommendations to the board, and, if the board approves, it shall issue a warrant
upon which the releasee shall be returned to prison; otherwise the prisoner shall be
released upon the order of the commissioner or his or her designee.
(2) A written statement, approved by the commissioner or his or her designee, by a
parole officer, and filed with the board setting forth that the parolee or offender on
postincarceration supervision in the judgment of the officer has violated the
condition of his or her release, shall be sufficient cause for the board, in its
discretion, to issue a warrant for the arrest of the parolee or offender on
postincarceration supervision or for his or her return to prison.
(3) A prisoner for whose return a warrant has been issued by the board, shall be deemed
a fugitive from justice or to have fled from justice. If it shall appear he or she has
violated the provisions of his or her release, the time from the issuing of the warrant
to the date of his or her arrest shall not be counted as any part of the time to be
served in determining his or her final discharge eligibility date from parole if the
board in its discretion so orders.
(4) The Parole Board may at its discretion issue a warrant for any parolee or offender
on postincarceration supervision when in its judgment the condition of release has
been violated.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 90, effective March 3, 2011; and ch. 2,
sec. 102, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 110, July
14, 1992. -- Amended 1980 Ky. Acts ch. 208, sec. 4, effective July 15, 1980. --
Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(16). -- Amended 1966 Ky. Acts ch.
257, sec. 1. -- Amended 1962 Ky. Acts ch. 109, sec. 3. -- Created 1956 Ky. Acts ch.
101, sec. 19.
Legislative Research Commission Note (6/8/2011). This section was amended by 2011
Ky. Acts ch. 2, secs. 90 and 102, which do not appear to be in conflict and have been
codified together.
Notes of Decisions
Commonwealth v. Elliott (1986)
kyctapp · cites it 3×
“KRS 439.430. The officers knocked on the door and were permitted entry by Ms.”
State v. Anderson (2006)
kan
“See Idaho Code § 20-227 (1) (1947); Ky. Rev. Stat. § 439.430(1) (1956); Miss.”
Coleman v. Commonwealth (2002)
ky · cites it 2×
“[29] Although Appellant's refusal may have violated the conditions of his parole releaseand, if so, Officer Goins could have arrested him on the spot, see KRS 439.430(1)the refusal itself did not justify Officer Goins's search of the home.”
Balsley v. Commonwealth (1967)
kyctapphigh · cites it 3×
“KRS 439.430(1), pursuant to which he was arrested and lodged in the Jefferson County jail on the next day.”
Riley v. Commonwealth (2003)
ky
“After Campbell had placed Appellant under arrest for parole violation, KRS 439.430(1), the officers conducted an extended search of the mobile home and recovered twelve additional firearms.”
Damien A. Sublett v. Commonwealth of Kentucky (2006)
ky · cites it 5×
“Sublett argues that parole officers are not “peace officers,” that they have only very limited arrest powers under KRS 439.430, and that his arrest was unlawful because of the parole officers’ failure to conform to KRS 439.”
Murphy v. Commonwealth (1977)
kyctapp
“050 formerly KRS 439.430(1). There is no doubt that appellant was not served with notice that a hearing would be held for the purpose of determining whether there was probable cause to believe that he had violated his terms of probation with specificity and accordingly, we must…”
Evans v. Thomas (1963)
kyctapp · cites it 2×
“Kirkley, his probation and parole officer, made a written request under subsection (2) of KRS 439.430 for a parole violation warrant.”
Anglian v. Sowders (1978)
kyctapp
“If the parole board had chosen to hold an immediate hearing and had revoked parole, then under KRS 439.430(3) appellant-petitioner would have still been deemed a “fugitive from justice” until he could be taken into custody under the parole violation warrant and it was not…”
Morris v. Wingo (1968)
kyctapphigh · cites it 4×
“Morris contends that the parole was revoked under the provisions of KRS 439.430 whereas KRS 439.190 was controlling as to him.”
Rogers v. Hurley (1972)
kyctapp · cites it 2×
“*698 KRS 439.430 specifies the procedure fashioned for the arrest and confinement of a parolee who is charged with having violated the terms of his parole.”
— Ky. Rev. Stat. § 439.430(1) — 6 cases
State v. Anderson (2006)
kan
“See Idaho Code § 20-227 (1) (1947); Ky. Rev. Stat. § 439.430(1) (1956); Miss.”
Coleman v. Commonwealth (2002)
ky
“[29] Although Appellant's refusal may have violated the conditions of his parole releaseand, if so, Officer Goins could have arrested him on the spot, see KRS 439.430(1)the refusal itself did not justify Officer Goins's search of the home.”
Balsley v. Commonwealth (1967)
kyctapphigh
“KRS 439.430(1), pursuant to which he was arrested and lodged in the Jefferson County jail on the next day.”
Riley v. Commonwealth (2003)
ky
“After Campbell had placed Appellant under arrest for parole violation, KRS 439.430(1), the officers conducted an extended search of the mobile home and recovered twelve additional firearms.”
Murphy v. Commonwealth (1977)
kyctapp
“050 formerly KRS 439.430(1). There is no doubt that appellant was not served with notice that a hearing would be held for the purpose of determining whether there was probable cause to believe that he had violated his terms of probation with specificity and accordingly, we must…”
— Ky. Rev. Stat. § 439.430(3) — 2 cases
Anglian v. Sowders (1978)
kyctapp
“If the parole board had chosen to hold an immediate hearing and had revoked parole, then under KRS 439.430(3) appellant-petitioner would have still been deemed a “fugitive from justice” until he could be taken into custody under the parole violation warrant and it was not…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.