Ky. Rev. Stat. § 532.400

Postincarceration supervision -- Violation -- Exclusions

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(1) In addition to the penalties authorized by law, any person who: (a) Is convicted of a capital offense or a Class A felony; (b) Has a maximum or close security classification as defined by administrative regulations promulgated by the department; or (c) Is not eligible for parole by statute; shall be subject to a period of postincarceration supervision following release from incarceration upon expiration of sentence or completion of parole. (2) The period of postincarceration supervision shall be one (1) year. (3) During the period of postincarceration supervision, the defendant shall: (a) Be subject to all orders specified by the Department of Corrections; and (b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections. (4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board. (5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole. Notice of the violation shall be sent to the Parole Board to determine whether probable cause exists to revoke the defendant's postincarceration supervision and reincarcerate the defendant as set forth in KRS 532.060. (6) The provisions of this section shall not apply to a person who is subject to the provisions of KRS 532.043. (7) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea for an offense committed after June 8, 2011. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 35, effective June 8, 2011.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2015–2021 · leading case: William Smith v. Commonwealth of Kentucky

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William Smith v. Commonwealth of Kentucky (2015) ky “The Commonwealth’s witness did not inform the jury that KRS 532.400 imposes a one year term of post-conviction supervision for persons convicted of a capital offense.”

Rhodes v. Tilley (2021) kyed · cites it 12× “Ky. Rev. Stat. § 532.400(1)(b) (2011). Plaintiff Casey Rhoades, who was classified as “close security,” joined a group of inmates in a class action lawsuit challenging the constitutionality of the Statute.”

Quentin Wilson v. Commonwealth of Kentucky (2015) ky “The Commonwealth's witness did not inform the jury that KRS 532.400 imposes a one-year term of post- conviction supervision for persons convicted of a capital offense.”

William Smith v. Commonwealth of Kentucky (2015) ky “The Commonwealth's witness did not inform the jury that KRS 532.400 imposes a one year term of post-conviction supervision for persons convicted of a capital offense.”

— Ky. Rev. Stat. § 532.400(1)(b) — 1 case

Rhodes v. Tilley (2021) kyed “Ky. Rev. Stat. § 532.400(1)(b) (2011). Plaintiff Casey Rhoades, who was classified as “close security,” joined a group of inmates in a class action lawsuit challenging the constitutionality of the Statute.”

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