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KRS 439.344

Effect of parole time on sentence -- Exceptions

Applied in 12 court decisions — leading case Commonwealth Ex Rel. Conway v. Thompson (2010)

Most recently applied in Cox v. Commonwealth (May 2013)

Effective: April 12, 2010

How often courts cite this section

196819701980199020002010201320
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.

The period of time spent on parole shall count as a part of the prisoner's sentence, except when a parolee is:

(1) Returned to prison as a parole violator for a new felony conviction;

(2) Returned to prison as a parole violator after charges have been filed or an indictment has been returned for a felony offense committed while on parole and the prisoner is subsequently convicted of that offense;

(3) Returned to prison as a parole violator and is subsequently convicted of a felony offense committed while on parole;

(4) Returned to prison as a parole violator for absconding from parole supervision, except that the time spent on parole prior to absconding shall count as part of the prisoner's sentence;

(5) Returned to prison as a parole violator and it is subsequently determined that he or she owes restitution pursuant to KRS 439.563 and has an arrearage on that restitution. Any credit withheld pursuant to this subsection shall be reinstated when the arrearage is paid in full;

(6) Classified as a violent offender pursuant to KRS 439.3401; or (7) A registered sex offender pursuant to KRS 17.500 to 17.580.

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