HB 463 Makes over 115 changes in Kentucky Drug, Parole, Sentencing Law

  In House Bill 463 over 115 amendments have been made to Kentucky Law.  Some of these laws became effective the first week of June but others will not become effective until 2012 or 2013.

  LawReader has compiled these new statutes which may be reviewed by LawReader members at LEGISLATIVE ADMENDMENTS 2011 SESSION  

 The following topics are affected by this new legislation.  Anyone dealing with sentencing, drug offenses, operation of jails, parole, probation, or prisoner registration or release issues, should closely review this new legislation.


sentencing policy

regulation of controlled substances

prescription for a controlled substance

Presumptive probation

trafficking in a controlled substance

possession of a controlled substance

possession of marijuana

possession of synthetic cannabinoid agonists or piperazines

drug court program

postincarceration supervision,

the full board, may review the case of any prisoner and release that prisoner on parole despite any elimination of or minimum time for parole eligibility, when the prisoner has a documented terminal medical condition likely to result in death within one (1) year

sexual offense parole

Community supervision

parole contingent upon completion of a program

parole credit for prior receive a credit on his or her sentence for:

Prior confinement


administrative regulations to implement conditional parole


appropriate housing for a prisoner who is considered for or who is granted  PAROLE


pretrial release of a person


guidelines for judges to use when ordering pretrial release and monitored conditional release for defendants  


amount of the bail for all charges shall be encompassed by a single amount of bail


When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released.

evidence-based practices”

supervised individual on parole shall receive compliance credits

early termination of probation

community supervision for

The department shall develop an online system based on state statistics of actual offenders to provide courts, attorneys, probation and parole officers, and victims with objective information for use in plea negotiations and sentencing.

local corrections assistance fund

Any bill, amendment, or committee substitute that creates a new crime, increases the penalty for an existing crime, decreases the penalty for an existing crime, changes the elements of the offense for an existing crime, repeals an existing crime, or proposes to increase, decrease, or otherwise impact incarceration shall be identified by the drafter as having a corrections impact on a “Corrections Impact Statement” form

The county governing body shall prescribe rules for the government, security, safety, and cleanliness of the jail and the comfort and treatment of prisoners,

a jail may impose a reasonable fee for the use of jail medical facilities by a state prisoner

Local correctional facility

regional jail authority

probation, shock probation, conditional discharge, home incarceration

A defendant who has been sentenced to jail for failure to pay a fine or court costs or for failure to appear in court on a date set for the sole purpose of addressing nonpayment of a fine or court costs shall receive credit against the fine and costs owed for each day the defendant spends in jail at the following rates:

postincarceration supervision

An inmate may challenge a failure of the Department of Corrections to award a sentencing credit under this section or the amount of credit awarded by motion made in the sentencing court no later than thirty (30) days after the inmate has exhausted his or her administrative remedies

The Chief Justice may authorize the Administrative Office of the Courts to develop, collect, and maintain a listing of persons who have had their records sealed

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