{"data":{"id":"us-ky/krs-439.3406","jurisdiction":"us-ky","citation":"KRS 439.3406","heading":"Mandatory reentry supervision six months prior to projected completion","body":"date of inmate's sentence for inmate not granted discretionary parole --\nExceptions -- Terms of supervision -- No credit for time absconding -- Report.\n(1) The board shal l order mandatory reentry supervision six (6) months prior to the\nprojected completion date of an inmate's sentence for an inmate who has not been\ngranted discretionary parole.\n(2) This section shall not apply to an inmate who:\n(a) Is not eligible for parole by statute;\n(b) Has been convicted of a capital offense or a Class A felony;\n(c) Has previously been convicted of two (2) or more offenses that would classify\nhim or her as a violent offender under KRS 439.3401;\n(d) Has a maximum or close security class ification as defined by administrative\nregulations promulgated by the department;\n(e) Has been sentenced to two (2) years or less of incarceration;\n(f) Is subject to the provisions of KRS 532.043;\n(g) Has six (6) months or less to be served after his or her sentencing by a court;\n(h) Has been recommitted to prison for a violation of probation, shock probation,\nparole, or conditional discharge; or\n(i) Has twice been released on mandatory reentry supervision.\n(3) An inmate granted mandatory reentry supervision pursuant to this section may be\nreturned by the board to prison for violation of the conditions of supervision and\nshall not again be eligible for mandatory reentry supervision during the same period\nof incarceration.\n(4) An inmate released to mandatory reentry supervision shall be considered to be\nreleased on parole.\n(5) Mandatory reentry supervision is not a commutation of sentence or any other fo rm\nof clemency.\n(6) A hearing shall not be required for the board to order an inmate to mandatory\nreentry supervision pursuant to subsection (1) of this section. Terms of supervision\nfor inmates released on mandatory reentry supervision shall be establishe d as\nfollows:\n(a) 1. The board shall promulgate administrative regulations in accordance\nwith KRS Chapter 13A establishing general conditions applicable to\neach inmate ordered to mandatory reentry supervision pursuant to\nsubsection (1) of this section.\n2. If an inmate is ordered to mandatory reentry supervision, the board's\norder shall:\na. Set forth the general conditions; and\nb. Require the inmate to comply with the general conditions and any\nrequirements imposed by the department in accordance with this\nsection;\n(b) Upon intake of an inmate ordered to mandatory reentry supervision by the\nboard, the department shall use the results of the risk and needs assessment\nadministered pursuant to KRS 439.3104(1) to establish appropriate terms and\nconditions of supervision, taking into consideration the level of risk to public\nsafety, criminal risk factors, and the need for treatment and other\ninterventions. The terms and conditions imposed by the department under this\nparagraph shall not conflict with the general co nditions adopted by the board\npursuant to paragraph (a) of this subsection; and\n(c) The powers and duties assigned to the commissioner in relation to probation\nor parole under KRS 439.470 shall be assigned to the commissioner in\nrelation to mandatory reentry supervision.\n(7) Subject to subsection (3) of this section, the period of mandatory reentry\nsupervision shall conclude upon completion of the individual's minimum expiration\nof sentence.\n(8) If the board issues a warrant for the arrest of an inmate for absconding from\nsupervision during the mandatory reentry supervision period, and the inmate is\nsubsequently returned to prison as a violator of conditions of supervision for\nabsconding, the inmate shall not receive credit toward the remainder of his or her\nsentence for the time spent absconding.\n(9) The department shall report the results of the mandatory reentry supervision\nprogram to the Legislative Research Commission for referral to the Interim Joint\nCommittee on Judiciary or the Senate and House Standi ng Committees on\nJudiciary, as appropriate, by February 1 of each year.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57184","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"727909cd5dee5ddb305624aaf803c7fc87c1244531f561896410951902428f5b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.3405","next":"us-ky/krs-439.3407"},"notice":"GroundRules: Original legal text. Not legal advice."}