KRS 439.3406: Mandatory reentry supervision six months prior to projected completion

date of inmate's sentence for inmate not granted discretionary parole --

Exceptions -- Terms of supervision -- No credit for time absconding -- Report.

(1) The board shal l order mandatory reentry supervision six (6) months prior to the

projected completion date of an inmate's sentence for an inmate who has not been

granted discretionary parole.

(2) This section shall not apply to an inmate who:

(a) Is not eligible for parole by statute;

(b) Has been convicted of a capital offense or a Class A felony;

(c) Has previously been convicted of two (2) or more offenses that would classify

him or her as a violent offender under KRS 439.3401;

(d) Has a maximum or close security class ification as defined by administrative

regulations promulgated by the department;

(e) Has been sentenced to two (2) years or less of incarceration;

(f) Is subject to the provisions of KRS 532.043;

(g) Has six (6) months or less to be served after his or her sentencing by a court;

(h) Has been recommitted to prison for a violation of probation, shock probation,

parole, or conditional discharge; or

(i) Has twice been released on mandatory reentry supervision.

(3) An inmate granted mandatory reentry supervision pursuant to this section may be

returned by the board to prison for violation of the conditions of supervision and

shall not again be eligible for mandatory reentry supervision during the same period

of incarceration.

(4) An inmate released to mandatory reentry supervision shall be considered to be

released on parole.

(5) Mandatory reentry supervision is not a commutation of sentence or any other fo rm

of clemency.

(6) A hearing shall not be required for the board to order an inmate to mandatory

reentry supervision pursuant to subsection (1) of this section. Terms of supervision

for inmates released on mandatory reentry supervision shall be establishe d as

follows:

(a) 1. The board shall promulgate administrative regulations in accordance

with KRS Chapter 13A establishing general conditions applicable to

each inmate ordered to mandatory reentry supervision pursuant to

subsection (1) of this section.

2. If an inmate is ordered to mandatory reentry supervision, the board's

order shall:

a. Set forth the general conditions; and

b. Require the inmate to comply with the general conditions and any

requirements imposed by the department in accordance with this

section;

(b) Upon intake of an inmate ordered to mandatory reentry supervision by the

board, the department shall use the results of the risk and needs assessment

administered pursuant to KRS 439.3104(1) to establish appropriate terms and

conditions of supervision, taking into consideration the level of risk to public

safety, criminal risk factors, and the need for treatment and other

interventions. The terms and conditions imposed by the department under this

paragraph shall not conflict with the general co nditions adopted by the board

pursuant to paragraph (a) of this subsection; and

(c) The powers and duties assigned to the commissioner in relation to probation

or parole under KRS 439.470 shall be assigned to the commissioner in

relation to mandatory reentry supervision.

(7) Subject to subsection (3) of this section, the period of mandatory reentry

supervision shall conclude upon completion of the individual's minimum expiration

of sentence.

(8) If the board issues a warrant for the arrest of an inmate for absconding from

supervision during the mandatory reentry supervision period, and the inmate is

subsequently returned to prison as a violator of conditions of supervision for

absconding, the inmate shall not receive credit toward the remainder of his or her

sentence for the time spent absconding.

(9) The department shall report the results of the mandatory reentry supervision

program to the Legislative Research Commission for referral to the Interim Joint

Committee on Judiciary or the Senate and House Standi ng Committees on

Judiciary, as appropriate, by February 1 of each year.