Title 501 | Chapter 001 | Regulation 080REG
PROPOSED
This document is not yet current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
JUSTICE AND PUBLIC SAFETY CABINET
Parole Board
(Amendment)
501 KAR 1:080.Parole Board policies and procedures.
Section 1.
Incorporation by Reference.(1)
"Kentucky Parole Board Policies and Procedures", May 29, 2024| KYPB 10-00 | Parole Board Hearing Process (Amended 5/29/24 |
| KYPB 10-01 | Parole Release Hearings (Amended 5/29/24 |
| KYPB 11-00 | Conditions of Parole (Amended 5/29/24 |
| KYPB 12-00 | Final Discharge of Parole and Payment of Restitution (Amended 5/29/24 |
| KYPB 13-00 | Revocation of Parole: Issuance of Warrants (Amended 5/29/24 |
| KYPB 13-01 | Revocation of Parole: Preliminary Hearings (Amended 5/29/24 |
| KYPB 13-02 | Revocation of Parole: Final Hearings and Dispositions (Amended 5/29/24 |
| KYPB 14-00 | Public and Legislative Relations (Amended 5/29/24 |
| KYPB 20-00 | Mandatory Reentry Supervision Orders (Amended 5/29/24 |
| KYPB 21-00 | Conditions of Mandatory Reentry Supervision (Amended 5/29/24 |
| KYPB 22-00 | Final Discharge from Mandatory Reentry Supervision (Amended 5/29/24 |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Parole Board, 275 Main Street, 2nd Floor, 40602, telephone (502) 564-3620, fax (502) 564-8995, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Kentucky Parole Board Web site in the policies and procedures area at https://justice.ky.gov/Boards-Commissons/paroleboard/Pages/default.aspx or the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.The Kentucky Parole Board approved this administrative regulation at its meeting on May 20, 2024, prior to its filing with the Legislative Research Commission as required by KRS 13A.120(3) and 13A.220(6)(a).
LADEIDRA N. JONES, Chair
APPROVED BY AGENCY: May 23, 2024
FILED WITH LRC: May 29, 2024 at 9:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 26, 2024, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Seth Fawns, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Seth Fawns
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the policies and procedures governing the Kentucky Parole Board.
(b) The necessity of this administrative regulation:
KRS 439.340(3)(b) requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the Parole Board and the staff assisting the Parole Board. The authorizing statute requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation and material incorporated by reference establish the policies and procedures that govern the operations of the Parole Board and the staff assisting the Parole Board. It provides direction and information to Parole Board members and staff concerning the review of offenders for parole, parole conditions, and revocation.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment revises the Parole Board’s policies with grammatical revisions and revisions to align policies with current governing regulation and statutes, particularly in relation to supervision revocation. Policies related to supervision conditions have been revised for consistency of language between policy and respective supervision certificate language. Further, some policies have been removed as they are redundant given that current revocation proceedings following the same process regardless of the form of supervision.
(b) The necessity of the amendment to this administrative regulation:
These amendments were necessary to bring the language of the policies in line with the current governing regulation and statutes.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment simplifies some policies and brings policies in line with the current regulations, particularly those concerning revocation warrants and revocation proceedings.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the nine Kentucky Parole Board members, the Department of Corrections, approximately 800 employees including Administrative Law Judges, the Division of Parole Board Support Services, the Division of Probation and Parole, and the Interstate Compact Office, inmates who may become eligible for parole or placed on some other form of post-incarceration supervision, community offenders on parole or some post incarceration supervision, jailers and jail employees.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Parole Board members and staff will have to change their actions to comply with operational changes made by the amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that the amendment will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the review of offenders for parole, parole conditions, and revocation.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in funding is not anticipated.
(b) On a continuing basis:
An increase in funding is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Parole Board budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendment does not establish or increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 439.340(3)(b)
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Parole Board, Department of Corrections
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the Parole Board and staff assisting the board operate but is not expected to increase expenditures.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
Cost savings are not anticipated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Affected local entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The administrative regulation impacts how the Parole Board operates but is not expected to have a fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The policies and procedures incorporated by reference were reviewed and a fiscal impact was not identified.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The policies and procedures incorporated by reference were reviewed and a fiscal impact was not identified. The policies do not change current practices but rather bring policy language in line with statutory and regulatory language.
JUSTICE AND PUBLIC SAFETY CABINET
Parole Board
(Amendment)
501 KAR 1:080.Parole Board policies and procedures.
Section 1.
Incorporation by Reference.(1)
"Kentucky Parole Board Policies and Procedures", May 29, 2024, are incorporated by reference. Kentucky Parole Board Policies and Procedures include:| KYPB 10-00 | Parole Board Hearing Process (Amended 5/29/24) |
| KYPB 10-01 | Parole Release Hearings (Amended 5/29/24) |
| KYPB 11-00 | Conditions of Parole (Amended 5/29/24) |
| KYPB 12-00 | Final Discharge of Parole and Payment of Restitution (Amended 5/29/24) |
| KYPB 13-00 | Revocation of Parole: Issuance of Warrants (Amended 5/29/24) |
| KYPB 13-01 | Revocation of Parole: Preliminary Hearings (Amended 5/29/24) |
| KYPB 13-02 | Revocation of Parole: Final Hearings and Dispositions (Amended 5/29/24) |
| KYPB 14-00 | Public and Legislative Relations (Amended 5/29/24) |
| KYPB 20-00 | Mandatory Reentry Supervision Orders (Amended 5/29/24) |
| KYPB 21-00 | Conditions of Mandatory Reentry Supervision (Amended 5/29/24) |
| KYPB 22-00 | Final Discharge from Mandatory Reentry Supervision (Amended 5/29/24) |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Parole Board, 275 Main Street, 2nd Floor, 40602, telephone (502) 564-3620, fax (502) 564-8995, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Kentucky Parole Board Web site in the policies and procedures area at https://justice.ky.gov/Boards-Commissons/paroleboard/Pages/default.aspx or the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.The Kentucky Parole Board approved this administrative regulation at its meeting on May 20, 2024, prior to its filing with the Legislative Research Commission as required by KRS 13A.120(3) and 13A.220(6)(a).
LADEIDRA N. JONES, Chair
APPROVED BY AGENCY: May 23, 2024
FILED WITH LRC: May 29, 2024 at 9:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 26, 2024, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Seth Fawns, Staff Attorney, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Seth Fawns
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the policies and procedures governing the Kentucky Parole Board.
(b) The necessity of this administrative regulation:
KRS 439.340(3)(b) requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the Parole Board and the staff assisting the Parole Board. The authorizing statute requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation and material incorporated by reference establish the policies and procedures that govern the operations of the Parole Board and the staff assisting the Parole Board. It provides direction and information to Parole Board members and staff concerning the review of offenders for parole, parole conditions, and revocation.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment revises the Parole Board’s policies with grammatical revisions and revisions to align policies with current governing regulation and statutes, particularly in relation to supervision revocation. Policies related to supervision conditions have been revised for consistency of language between policy and respective supervision certificate language. Further, some policies have been removed as they are redundant given that current revocation proceedings following the same process regardless of the form of supervision.
(b) The necessity of the amendment to this administrative regulation:
These amendments were necessary to bring the language of the policies in line with the current governing regulation and statutes.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment simplifies some policies and brings policies in line with the current regulations, particularly those concerning revocation warrants and revocation proceedings.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the nine Kentucky Parole Board members, the Department of Corrections, approximately 800 employees including Administrative Law Judges, the Division of Parole Board Support Services, the Division of Probation and Parole, and the Interstate Compact Office, inmates who may become eligible for parole or placed on some other form of post-incarceration supervision, community offenders on parole or some post incarceration supervision, jailers and jail employees.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Parole Board members and staff will have to change their actions to comply with operational changes made by the amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that the amendment will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the review of offenders for parole, parole conditions, and revocation.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in funding is not anticipated.
(b) On a continuing basis:
An increase in funding is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Parole Board budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendment does not establish or increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 439.340(3)(b)
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Parole Board, Department of Corrections
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the Parole Board and staff assisting the board operate but is not expected to increase expenditures.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
Cost savings are not anticipated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Affected local entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The administrative regulation impacts how the Parole Board operates but is not expected to have a fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The policies and procedures incorporated by reference were reviewed and a fiscal impact was not identified.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The policies and procedures incorporated by reference were reviewed and a fiscal impact was not identified. The policies do not change current practices but rather bring policy language in line with statutory and regulatory language.