Edwards v. Harrod, 361 S.W.3d 755 (Ky. 2013)
The
Kentucky Supreme Court decided a question that has created much confusion in
youthful offender cases: does the violent offender statute apply to youthful
offenders in the area of parole? The court answered with a
clear YES. “(U)nder
our holding today, the parole board cannot grant parole to youthful offenders
who are ineligible under the Violent Offender Statute.” The Court’s rationale
was that “. . . contrary to the
probation-eligibility restriction of the Violent Offender Statute, the
parole-eligibility limitation on violent offenders does not conflict with the
youthful offender statutory scheme.” The Court held that the differences
between probation and parole justified the prohibitions in KRS 439.3401 as
there was no statute within the juvenile code that specifically exempted
juveniles. All youthful offenders convicted of a
violent offense must serve 85% of their sentence before they can be considered
for parole. DOC is also applying the good time and meritorious credit
restrictions of KRS 439.3401 to youthful offenders.
Contributed by Renee VandenWallBake and La Mer Kyle-Griffiths
