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KRS 439.250

Definitions for KRS 439.250 to 439.560

Applied in 11 court decisions — leading case Henderson v. Commonwealth (1974)

Most recently applied in Jones v. Bailey (June 2019)

Effective: July 15, 2020 History: Amended 2020 Ky

How often courts cite this section

195819802000201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in KRS 439.250 to 439.560, unless the context requires otherwise:

(1) "Secretary" means the secretary of the Justice and Public Safety Cabinet;

(2) "Commissioner" means the commissioner of the Department of Corrections;

(3) "Department" means the Department of Corrections;

(4) "Deputy commissioner" means the deputy commissioner of the Office of Adult Institutions or the deputy commissioner of the Office of Community Services and Facilities of the Department of Corrections;

(5) "Board" means the Parole Board created by KRS 439.320;

(6) "Community supervision" means:

(a) The placement of a defendant under supervision with conditions imposed by a court for a specified period during which:

1. Criminal proceedings are deferred without an adjudication of guilt; or 2. A sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part; or (b) The placement of an individual under supervision after release from prison or jail, with conditions imposed by the board for a specified period;

(7) "Parole compliance credit" means a credit on a paroled individual's sentence for program credit, work-for-time credit, educational accomplishment, or meritorious service and shall be calculated pursuant to the applicable provisions in KRS 197.045 and 197.047;

(8) "Probation program credit" means a credit on the sentence of a supervised individual who is on probation, probation with an alternative sentence, or conditional discharge for educational credit, program completion credit, or work- for-time credit calculated pursuant to KRS 439.268;

(9) "Supervised compliance credit" means a credit on a paroled individual's sentence for compliance with supervision that shall be calculated pursuant to KRS 439.345;

(10) "Positive reinforcement" means any of a wide range of rewards and incentives, including but not limited to awarding certificates of achievement, reducing reporting requirements, deferring a monthly supervision fee payment, removing supervision conditions such as home detention or curfew, or asking the supervised individual to be a mentor to others;

(11) "Probation and parole district supervisor" means the highest ranking field probation or parole administrator in each district; and (12) "Supervised individual" means an individual placed on probation, probation with an alternative sentence, or conditional discharge by a court or serving a period of parole or post-release supervision from prison or jail.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.