Kentucky HB 422: AN ACT relating to vegetation maintenance.

Bill Text

CHAPTER 14
Legislative Research Commission PDF Version

1
CHAPTER 14
( HB 422 )
AN ACT relating to crimes and punishments.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 439.3406 is amended to read as follows:
(1) The board shall order mandatory reentry supervision six (6) months prior to the projected completion date of
an inmate's sentence for an inmate who has not been granted discretionary parole.
(2) [The provisions of subsection (1) of ]This section shall not apply to an inmate who:
(a) Is not eligible for parole by statute;
(b) Has been convicted of a capital offense or a Class A felony;
(c) Has previously been convicted of two (2) or more offenses that would classify him or her as a violent
offender under KRS 439.3401;
(d) Has a maximum or close security classification as defined by administrative regulations promulgated by
the department;
(e)[(d)] Has been sentenced to two (2) years or less of incarceration;
(f)[(e)] Is subject to the provisions of KRS 532.043;
(g)[(f)] Has six (6) months or less to be served after his or her sentencing by a court[ or recommitment to
prison for a violation of probation, shock probation, parole, or conditional discharge];
(h)[(g)] Has been[If] recommitted to prison for a violation of probation, shock probation, parole, or
conditional discharge[, has not served at least six (6) months since being recommitted]; or
(i)[(h)] Has twice been released on mandatory reentry supervision.
(3) An inmate granted mandatory reentry supervision pursuant to this section may be returned by the board to
prison for violation of the conditions of supervision and shall not again be eligible for mandatory reentry
supervision during the same period of incarceration.
(4) An inmate released to mandatory reentry supervision shall be considered to be released on parole.
(5) Mandatory reentry supervision is not a commutation of sentence or any other form of clemency.
(6) A[No] hearing shall not be required for the board to order an inmate to mandatory reentry supervision pursuant
to subsection (1) of this section. Terms of supervision for inmates released on mandatory reentry supervision
shall be established as follows:
(a) 1. The board shall promulgate[adopt] administrative regulations in accordance with KRS Chapter
13A establishing general conditions applicable to each inmate ordered to mandatory reentry
supervision pursuant to subsection (1) of this section.
2. If an inmate is ordered to mandatory reentry supervision, the board's order shall:
a. Set forth the general conditions; and[ shall]
b. Require the inmate to comply with the general conditions and any requirements imposed
by the department in accordance with this section;
(b) Upon intake of an inmate ordered to mandatory reentry supervision by the board, the department shall
use the results of the risk and needs assessment administered pursuant to KRS 439.3104(1) to establish
appropriate terms and conditions of supervision, taking into consideration the level of risk to public
safety, criminal risk factors, and the need for treatment and other interventions. The terms and
conditions imposed by the department under this paragraph shall not conflict with the general
conditions adopted by the board pursuant to paragraph (a) of this subsection; and

ACTS OF THE GENERAL ASSEMBLY 2
(c) The powers and duties assigned to the commissioner in relation to probation or parole under KRS
439.470 shall be assigned to the commissioner in relation to mandatory reentry supervision.
(7) Subject to subsection (3) of this section, the period of mandatory reentry supervision shall conclude upon
completion of the individual's minimum expiration of sentence.
(8) If the board issues a warrant for the arrest of an inmate for absconding from supervision during the mandatory
reentry supervision period, and the inmate is subsequently returned to prison as a violator of conditions of
supervision for absconding, the inmate shall not receive credit toward the remainder of his or her sentence for
the time spent absconding.
(9) The department shall report the results of the mandatory reentry supervision program to the Legislative
Research Commission for referral to the Interim Joint Committee on Judiciary or the Senate and House
Standing Committees on Judiciary, as appropriate, by February 1 of each year[, 2015].
Section 2. KRS 504.020 is amended to read as follows:
(1) A person is not responsible for criminal conduct if at the time of the[such] conduct, as a result of mental
illness or intellectual disability, he or she lacks substantial capacity [either ]to appreciate the nature and
quality of[criminality of] his or her conduct[ or to conform his conduct to the requirements of law].
(2) As used in this chapter, the term "mental illness or intellectual disability" does not include an abnormality
manifested only by repeated criminal or otherwise antisocial conduct.
(3) A defendant may prove mental illness or intellectual disabil