Ky. Rev. Stat. » Chapter 439
Kentucky Revised Statutes

Ky. Rev. Stat. § 439.440 (2026)

Prisoner returned to state custody for violation of release to be heard by

✓ current as of May 2026
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board -- Time. Any prisoner returned to state custody for violation of his or her release shall be heard by the board within sixty (60) days on the propriety of his or her rerelease. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 44, sec. 7, effective July 15, 2020. -- Created 1956 Ky. Acts ch. 101, sec. 20, effective May 18, 1956.

Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 1963–2026 · leading case: Evans v. Thomas, 372 S.W.2d 798 (Ky. Ct. App. 1963).
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Evans v. Thomas, 372 S.W.2d 798 (Ky. Ct. App. 1963). · cites it 2× “KRS 439.440 reads; “Any prisoner returned to prison for violation of his release shall be heard by the board within thirty days on the propriety of his re-release.”
Warren v. Parole Bd., 179 N.W.2d 664 (Mich. Ct. App. 1970). “[6] The Kentucky statute (KRS 439.440), construed in Wingo v. Lyons , provides for a hearing before the parole board whenever a parolee is returned to prison, but is silent as to whether the parolee may appear with counsel.”
Boulder v. Parke, 791 S.W.2d 376 (Ky. Ct. App. 1990). “Furthermore, KRS 439.440 requires a re-release hearing within thirty (30) days after recommitment of a parolee.”
Laura Johns v. Kentucky Parole Bd. (Ky. Ct. App. 2022). · cites it 11× “” KRS 439.440 (emphasis added showing change).”
Joseph Holland v. Just. & Pub. Saf. Cabinet (Ky. Ct. App. 2025). · cites it 8× “Although an ALJ conducted the final hearing in the present case, Holland did not raise that issue below, and he has not raised that issue on appeal.”
Timothy Shane v. Kentucky Parole Bd. (Ky. Ct. App. 2023). · cites it 6× “Shane first argues that Jones and KRS 439.440 mandate the Board conduct his final revocation hearing.”
Kentucky Parole Bd. v. Timothy Shane (Ky. 2026). · cites it 4× “The Court of Appeals relied on KRS 439.440, which provides that “[a]ny prisoner returned to state custody for violation of his or her release shall be heard by the board within sixty (60) days on the propriety of his or her rerelease.”
Allen v. Wingo, 472 S.W.2d 688 (Ky. Ct. App. 1971). “He alleged in substance that he was being held illegally pursuant to a revocation of parole that was invalid because he had not been given a hearing as required by KRS 439.440 until 40 days after his return to prison, whereas the statute directs that the hearing be had within 30…”
Marcus Ivy v. Kentucky Parole Bd. (Ky. Ct. App. 2023). · cites it 2× “Ivy argues KRS 439.440 mandates the Parole Board personally conduct final hearings: “Any prisoner returned to state custody for violation of his or her rerelease shall be heard by the board within sixty (60) days on the propriety of his or her release.”
Darrie Rushin v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “See KRS 439.440; 501 KAR7 1:080; KYPB8 30-02(C)(4).”
Noah Adams v. Kentucky Parole Bd. (Ky. Ct. App. 2023). “Shane first argues that Jones and KRS 439.440 mandate the Board conduct his final revocation hearing.”
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