Kentucky's Parole Board Operations Shrouded in Mystery, Public Awareness Scarce

The Kentucky Parole Board, a crucial organization responsible for decisions about the release of convicted persons, is composed of seven members with at least five years of experience in fields such as corrections, law enforcement, medicine, and social work. These members serve four-year terms, with the board chair receiving a salary of $94,918 and the other members earning $85,964.

The board's mission is to maintain a balance between public safety, victim rights, reintegration of the offender, and recidivism. This balance is achieved through the application of the board's core values of knowledge, experience, and integrity.

When calculating an inmate's initial parole eligibility date, the Kentucky Department of Corrections considers a variety of factors. These include the seriousness of the offense, the inmate's prior criminal record and history of parole and/or probation violations, institutional conduct, history of alcohol and drug involvement, education, health, and "history of deviant behavior."

Inmates whose parole cases are referred to the full board for a decision are those where all panel members do not agree whether or not to discharge the inmate. Parole board decisions are made by panels consisting of between three and six board members. Inmates serving time for Class A or B felonies have face-to-face hearings, while those serving time for Class C felonies that are non-violent and don't involve sex offenses, and all Class D felonies have their cases addressed by "file reviews."

Inmates cannot actively participate in parole board hearings, but members of the public may attend for observation only. Those who want to express support for inmates must do so through written correspondence to the board. Inmates whose cases are assessed via a file review can also submit written information to the board.

The board has three options once it conducts a hearing with an inmate or does a file review: grant parole, defer parole for a specific number of months, or impose a "serve-out" which means the inmate must remain in prison until completion of their court-imposed sentence. The board can schedule a hearing to allow crime victims or their family members to discuss the effects of the offense on them.

Inmates released from custody following a parole board decision are subjected to standard conditions imposed on all offenders under supervision, and the board can apply special conditions to a specific inmate. The Kentucky Supreme Court opinion in April 2024 stated that parole board policy only requires the "application of one of the listed factors" for parole decisions.

It is important to note that Kentucky's parole system is not well known to the public, including the legislature and the general public. Allegations of a parole violation can be reviewed by an administrative law judge, and probable cause of a violation is referred to the board for a revocation hearing. File reviews are not open to the public.

Anyone wishing to attend an inmate's face-to-face hearing must contact the institution where the inmate is housed and make their request seven days prior to the hearing date. The board will review its decision only if it finds there is "substantiated" evidence of misconduct by a board member, a "significant procedural error" by a board member, or "significant new evidence that was not available at the inmate's hearing."

The governor appoints board members from a list of three names provided by the Kentucky State Corrections Commission, and members are then confirmed by the state senate. The Kentucky Parole Board, a vital part of the criminal justice system, plays a crucial role in balancing the needs of public safety, victim rights, and the reintegration of offenders into society.