{"data":{"id":"us-ky/krs-439.653","jurisdiction":"us-ky","citation":"KRS 439.653","heading":"Referral of inmates or parolees to pilot program -- Substance use disorder","body":"assessments -- Factors to be considered -- Conditions of referral.\n(1) The department shall implement the reentry drug supervision pilot program created\nunder KRS 439.651 for inmates or parolees placed in the pilot program pursuant to\nthis section.\n(2) Inmates or parolees may be referred to the Parole Board as candidates for the pilot\nprogram by either the department's clinical staff who assess inmates for substance\nuse disorder as outlined in subsection (3) of this section or the department's hearing\nofficers as outlined in subsection (4) of this section.\n(3) (a) After sentencing, the department shall conduct a substance abuse assessment\nof the following inmates:\n1. Inmates whose offense for which he or she was sentenced:\na. Does not qualify him or her as a violent offender as defined in\nKRS 439.3401 or a sexual offender as defined in KRS 17.550; and\nb. Did not result in death or serious physical injury of a victim;\n2. Inmates:\na. Who have been convicted of, or entered an Alford plea or plea of\nnolo contendere to, a Class C or D felony that is:\ni. A drug offense; or\nii. An offense arising from a substance use disorder; or\nb. Whose probation or parole was revoked due to a substance use\ndisorder or those with a history of substance use disorder; and\n3. Inmates who have not previously participated in the reentry drug\nsupervision pilot program.\n(b) After reviewing the substance abuse assessments required under paragraph (a)\nof this subsection, the department shall refer to the Parole Board those inmates\ndetermined by the division to be candidates for the reentry drug supervision\npilot program.\n(4) During a preliminary parole revoca tion hearing, if a department hearing officer\nsuspects a parolee is suffering from a substance use disorder, the hearing officer\nmay order a one (1) month deferment to allow the department to conduct a\nsubstance abuse assessment of the parolee. After evalu ating the assessment, the\nhearing officer may recommend to the Parole Board that the parolee be placed into\nthe pilot program instead of being revoked.\n(5) (a) Upon receiving a referral from the department's clinical staff who assess\ninmates for substance use disorder pursuant to subsection (3) of this section or\nfrom the department's hearing officers pursuant to subsection (4) of this\nsection, the Parole Board shall notify the inmate's or parolee's victims, if any,\nand provide them an opportunity to submit  a written victim impact statement\nand to testify. The Parole Board shall then evaluate the referred inmate or\nparolee to determine whether to place him or her in the reentry drug\nsupervision pilot program.\n(b) When evaluating whether to place a referred i nmate or parolee in the reentry\ndrug supervision pilot program, the Parole Board shall consider the following:\n1. Current criminal charges, if any;\n2. Criminal convictions;\n3. Results of the substance abuse assessment conducted pursuant to\nsubsection (3) or (4) of this section;\n4. Plan of recovery created by the department;\n5. Information regarding the victims, if any;\n6. Trial court's recommendation to participate in the pilot program, if any;\n7. An inmate's or parolee's willingness to participate; and\n8. Other relevant information as identified by the department.\n(6) After evaluating the referred inmate or parolee pursuant to subsection (5) of this\nsection, the Parole Board shall determine whether to place an inmate or parolee into\nthe reentry drug supervision pilot program.\n(7) (a) 1. Notwithstanding KRS 218A.1412 or 439.340 or any other statute to the\ncontrary, if the Parole Board decides to place an inmate in the reentry\ndrug supervision pilot program, the inmate shall immediately be paroled\ninto the pilot program. The only conditions of parole shall be to:\na. Have no contact with victims, if applicable;\nb. Pay restitution, if applicable; and\nc. Adhere to KRS 439.650 to 439.657 and to the reentry team's\nrequirements and conditions.\n2. Notwithstanding any statute to the contrary, if the Parole Board decides\nto place a parolee in the reentry drug supervision pilot program, the\nparolee shall immediately be entered into the pilot program. The only\nconditions of parole shall be to:\na. Adhere to any special cond itions established by the Parole Board;\nand\nb. Adhere to KRS 439.650 to 439.657 and to the reentry team's\nrequirements and conditions.\n(b) Participants shall remain on parole until sentence completion unless the\nreentry team determines to terminate or admi nistratively discharge the\nparticipant from the pilot program. If terminated from the pilot program, the\nreentry team shall refer the participant to the Parole Board for revocation.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52920","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:54Z","sha256":"648a9bcb18209582dc4050b510bc5fb1de837164ca311261e0d6f915472eda67","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.652","next":"us-ky/krs-439.654"},"notice":"GroundRules: Original legal text. Not legal advice."}