{"data":{"id":"us-ky/krs-439.3405","jurisdiction":"us-ky","citation":"KRS 439.3405","heading":"Parole of prisoners with documented terminal medical conditions --","body":"Hearing.\n(1) Notwithstanding any statute eliminating parole or establishing minimum time for\nparole eligibility for a certain class or status of offender, including KRS\n439.340(11), 4 39.3401, 532.080(7), and 533.060, the board, with the written\nconsent of a majority of the full board, may review the case of any prisoner and\nrelease that prisoner on parole despite any elimination of or minimum time for\nparole eligibility, when the priso ner has a documented terminal medical condition\nlikely to result in death within one (1) year or severe chronic lung disease, end-stage\nheart disease, severe neuro -muscular disease such as multiple sclerosis; or has\nseverely limited mobility as a result of stroke, disease, or trauma; or is dependent on\nexternal life support systems and would not pose a threat to society if paroled.\n(2) Medical information considered under this section shall be limited to the medical\nfindings supplied by Department of Correc tions medical staff. The medical staff\nshall provide in writing the prisoner's diagnosis and prognosis in support of the\nconclusion that the prisoner suffers from a terminal medical condition likely to\nresult in death within one (1) year or because of the conditions set forth in\nsubsection (1) of this section he or she is substantially dependent on others for the\nactivities of daily living.\n(3) The medical information prepared by the Department of Corrections medical staff\nunder this section shall be forwar ded to the medical director of the Department of\nCorrections who shall submit that information and a recommendation for or against\nparole review under this section to the commissioner of the Department of\nCorrections or his or her designee. With the approv al of the commissioner of the\nDepartment of Corrections, a request for parole review under this section, along\nwith the medical information and medical director's recommendation, shall be\nsubmitted to the board.\n(4) Medical information presented under this  section shall be considered along with\nother information relevant to a decision regarding the granting of parole and shall\nnot constitute the only reason for granting parole.\n(5) Notwithstanding KRS 439.340(5), in addition to or in conjunction with each r eview\nconducted under subsection (1) of this section for any prisoner convicted of a Class\nA or B felony, or of a Class C felony involving violence or a sexual offense and\nprior to the granting of parole to any such prisoner, the Parole Board shall conduct a\nhearing of which the following persons shall receive not less than fifteen (15) nor\nmore than thirty (30) days' notice:\n(a) The Commonwealth's attorney, who shall notify the sheriff of every county\nand the chief of police of every city and county in whi ch the prisoner\ncommitted any Class A, B, or C felony for which he or she is imprisoned; and\n(b) All identified victims of the crimes or the next of kin of any victim who is\ndeceased.\nNotice to the Commonwealth's attorney shall be by mail, fax, or electro nic means,\nat the discretion of the board, and shall be in a manner that ensures receipt at the\nCommonwealth attorney's business office. Notices received by chiefs of police and\nsheriffs shall be posted in a conspicuous location where police employed by th e\ndepartment may see it. Notices shall be posted in a manner and at a time that will\nallow officers to make comment thereon to the Parole Board. Notice to victims or\ntheir next of kin shall be made by mail, fax, or electronic means, at the discretion of\nthe board, to their last known address or telephone number as provided by the\nCommonwealth's attorney to the Parole Board at the time of incarceration of the\nprisoner. Notice to the victim or the next of kin of subsequent considerations for\nparole after the initial consideration shall not be sent if the victim or the next of kin\ngives notice to the board that he or she no longer wants to receive such notices. The\nnotice shall include the time, date, and place of the hearing provided for in this\nsubsection, an d the name and address of a person to write if the recipient of the\nnotice desires to attend the hearing or to submit written comments.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39548","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"925e4b87f9510712058dfcf8b6882d05c2047e2a5367fe29db98fe98c2c08ad3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.3403","next":"us-ky/krs-439.3406"},"notice":"GroundRules: Original legal text. Not legal advice."}