parole.
(1) When there is an identified victim of a defendant's crime to whom restitution has
been ordered but not yet paid in full, or restitution has been ordered paid to a
government agency and has not yet been paid in full, the Parole Board shall order
the defendant to pay restitution as a condition of parole.
(2) When the Parole Board orders restitution, the board shall:
(a) Order the restitution to be paid to a specific person or organization through the
Division of Probation and Parole, which shall disburse the moneys as ordered
by the board;
(b) Set the amount of restitution to be paid, if not already set;
(c) Set the amount and frequency of each restitution payment or require the
payment to be made in a lump sum.
(3) When the Parole Board orders restitution, the Department of Probation and Parole
shall:
(a) Monitor and oversee the collection of the restitution;
(b) Institute parole violation proceedings if the restitution is not being paid;
(c) Institute sanctions against the defendant if restitution is not being paid and
good cause is not shown for the nonpayment; and
(d) Maintain parole supervision over the defendant until restitution has been paid
in full.
(4) The board, in addition to any other sanctions which may be imposed on the
defendant, may ask a court to hold a defendant who is not paying restitution in the
manner or amount prescribed in contempt of court.
(5) Any statute relating to the length of parole supervision notwithstanding, the parole
for a person owing restitution shall be until the restitution is paid in full, even if this
would lengthen the period of supervision beyond the statutory limit of parole
supervision or the statutory limit for serving out the sentence imposed.
(6) Payment of restitution in full prior to the end of the period of parole supervision
shall not shorten the period of parole supervision.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 94, sec. 6, effective July 15, 2014. -- Amended
2000 Ky. Acts ch. 345, sec. 5, effective July 14, 2000. -- Created 1998 Ky. Acts ch.
606, sec. 47, effective July 15, 1998.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 2003–2025 · leading case:
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003).
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003).
· cites it 6× “032, which states: (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any…”
Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003).
“That statute, first enacted in 1998, provides that [rjestitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any…”
Rollins v. Commonwealth, 294 S.W.3d 463 (Ky. Ct. App. 2009).
“032(1) provides, “[Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any…”
Parker v. Commonwealth, 331 S.W.3d 634 (Ky. Ct. App. 2011).
· cites it 2× “In signing the aforesaid document Parker acknowledged that, "I fully understand and accept the above conditions.”
Brown v. Commonwealth, 326 S.W.3d 469 (Ky. Ct. App. 2010).
“Therefore, the court “transferred” the Commonwealth’s motion “to the Parole Board for determination of the details of how much restitution is to be paid, to whom, and on what schedule, pursuant to KRS 439.”
Brinson v. Commonwealth, 571 S.W.3d 593 (Ky. Ct. App. 2018).
“032(1) provides: "Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any…”
Neal v. Vanhoose (W.D. Ky. 2019).
· cites it 4× “Dismissal of the Attorney General as a Party The Kentucky Parole Board objects to dismissal of the Attorney General as a party, stating “since this action challenges the constitutionality of KRS 439.563, the Attorney General is a necessary party to this action, pursuant to KRS…”
Jay Peterson v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
““Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 .”
— Ky. Rev. Stat. § 439.563(1) — 1 case
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003).
“032, which states: (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any…”
— Ky. Rev. Stat. § 439.563(2) — 1 case
Brown v. Commonwealth, 326 S.W.3d 469 (Ky. Ct. App. 2010).
“Therefore, the court “transferred” the Commonwealth’s motion “to the Parole Board for determination of the details of how much restitution is to be paid, to whom, and on what schedule, pursuant to KRS 439.”
— Ky. Rev. Stat. § 439.563(5) — 1 case
Neal v. Vanhoose (W.D. Ky. 2019).
“Dismissal of the Attorney General as a Party The Kentucky Parole Board objects to dismissal of the Attorney General as a party, stating “since this action challenges the constitutionality of KRS 439.563, the Attorney General is a necessary party to this action, pursuant to KRS…”
— Ky. Rev. Stat. § 439.563(6) — 1 case
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