{"data":{"id":"us-ky/krs-439.430","jurisdiction":"us-ky","citation":"KRS 439.430","heading":"Parole officer may arrest parolee or person subject to postincarceration","body":"supervision, when -- Detention -- Report to commissioner -- Return of prisoner\nto prison -- Prisoner for whose return a warrant has been issued to be deemed\na fugitive from justice -- Effect of violation of parole.\n(1) Any parole officer having reason to believe that a parolee or a person on\npostincarceration supervision pursuant to KRS 532.043 or 532.400 has violated the\nterms of his or her release may arrest the parolee or offen der on postincarceration\nsupervision without a warrant or may deputize any other peace officer to do so by\ngiving him or her a written statement setting forth that the parolee or offender on\npostincarceration supervision, in the judgment of the parole offi cer, has violated the\nconditions of his or her release. The written statement delivered with the parolee or\noffender on postincarceration supervision by the arresting officer to the official in\ncharge of the station house, jail, workhouse, or other place o f detention, shall be\nsufficient warrant for the detention of the parolee or offender on postincarceration\nsupervision. The parole officer who arrests or causes the arrest of the prisoner shall\nnotify the commissioner or his or her designee at once of the arrest and detention of\nthe parolee or offender on postincarceration supervision, and shall submit in writing\na report showing in what manner there has been a violation of the conditions of\nrelease. Thereupon, if the commissioner or his or her designee bel ieves the parolee\nor offender on postincarceration supervision should be returned to prison, the\ncommissioner or his or her designee at once shall submit his or her\nrecommendations to the board, and, if the board approves, it shall issue a warrant\nupon which the releasee shall be returned to prison; otherwise the prisoner shall be\nreleased upon the order of the commissioner or his or her designee.\n(2) A written statement, approved by the commissioner or his or her designee, by a\nparole officer, and filed wi th the board setting forth that the parolee or offender on\npostincarceration supervision in the judgment of the officer has violated the\ncondition of his or her release, shall be sufficient cause for the board, in its\ndiscretion, to issue a warrant for the  arrest of the parolee or offender on\npostincarceration supervision or for his or her return to prison.\n(3) A prisoner for whose return a warrant has been issued by the board, shall be deemed\na fugitive from justice or to have fled from justice. If it shal l appear he or she has\nviolated the provisions of his or her release, the time from the issuing of the warrant\nto the date of his or her arrest shall not be counted as any part of the time to be\nserved in determining his or her final discharge eligibility date from parole if the\nboard in its discretion so orders.\n(4) The Parole Board may at its discretion issue a warrant for any parolee or offender\non postincarceration supervision when in its judgment the condition of release has\nbeen violated.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39612","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"81786917c29f37821c60ddcf6617d697907bc37e149751f53003a6e21acce6aa","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.420","next":"us-ky/krs-439.440"},"notice":"GroundRules: Original legal text. Not legal advice."}