View Full Version : Can a Sex Offender Be Eligible For Parole?


bing9910
09-18-2010, 08:10 PM
If this has been asked on here already, I apologize but I could not locate it. This is only my 3rd post.

If a 1st time sex offender has been sentenced to 30 mos at KSR and can get out at 26 mos, with 5 yrs probation, can he be eligible for parole? I didn't know if there was a way to be eligible for parole without completing the sex offender course before being released? Will they let you pay for course and complete it on the outside of prison?

Any and all advice/suggestions is greatly appreciated.

Thanks,

crisco
09-18-2010, 09:25 PM
The person will be eligible parole if they have not committed one of these offenses in accordance with KRS 439.3401 - "Parole for violent offenders"

The statue states

"1) As used in this section, "violent offender" means any person who has been
convicted of or pled guilty to the commission of:
(a) A capital offense;
(b) A Class A felony;
(c) A Class B felony involving the death of the victim or serious physical injury
to a victim;
(d) The commission or attempted commission of a felony sexual offense
described in KRS Chapter 510;
(e) Use of a minor in a sexual performance as described in KRS 531.310;
(f) Promoting a sexual performance by a minor as described in KRS 531.320;
(g) Unlawful transaction with a minor in the first degree as described in KRS
530.064(1)(a);
(h) Promoting prostitution in the first degree as described in KRS 529.030(1)(b);
(i) Criminal abuse in the first degree as described in KRS 508.100;
(j) Burglary in the first degree accompanied by the commission or attempted
commission of an assault described in KRS 508.010, 508.020. 508.032, or
508.060;
(k) Burglary in the first degree accompanied by commission or attempted
commission of kidnapping as prohibited by KRS 509.040; or
(l) Robbery in the first degree.
The court shall designate in its judgment if the victim suffered death or serious
physical injury.
(2)
A violent offender who has been convicted of a capital offense and who has
received a life sentence (and has not been sentenced to twenty-five (25) years
without parole or imprisonment for life without benefit of probation or parole), or a
Class A felony and receives a life sentence, or to death and his sentence is
commuted to a life sentence shall not be released on probation or parole until he has
served at least twenty (20) years in the penitentiary. Violent offenders may have a
greater minimum parole eligibility date than other offenders who receive longer
sentences, including a sentence of life imprisonment.
(3)
A violent offender who has been convicted of a capital offense or Class A felony
with a sentence of a term of years or Class B felony who is a violent offender shall
not be released on probation or parole until he has served at least eighty-five percent
(85%) of the sentence imposed."

If his crime is not listed here, he eligible for parole.

patchouli
09-20-2010, 02:56 PM
KRS 439.3401 - "Parole for violent offenders"



All sex offenders are not classified as violent offenders so that Statute may not apply. He will have to complete SOTP to be eligible for parole. My Mr served out 5 years on his offense because he refused to take SOTP. However, he later went back for drug charges and as a conditiion of parole when released on the drug charges was ordered to take SOTP out here. So, he either needs to take SOTP inside or serve out. good luck sweetie! Welcome to PTO & the Kentucky forum :)

bing9910
09-20-2010, 08:06 PM
All sex offenders are not classified as violent offenders so that Statute may not apply. He will have to complete SOTP to be eligible for parole. My Mr served out 5 years on his offense because he refused to take SOTP. However, he later went back for drug charges and as a conditiion of parole when released on the drug charges was ordered to take SOTP out here. So, he either needs to take SOTP inside or serve out. good luck sweetie! Welcome to PTO & the Kentucky forum :)

Ahh, thank you so much. You are so sweet and kind. I hope I am not sounding like a dummy, but I know I am and apologize for bothering with this. I have another question though that I'm hoping you can answer, or point me in the right direction. If you did answer this for me already, I'm sorry, but don't understand answer.

I know you have no way of knowing the entire scenario pertaining to my uncle I'm writing you about. Let's say if he does meet the parameters for being eligible for parole and is not considered a violent offender, is he able to take his SOTP classes on outside, if he got parole? In a nutshell, if he offers to pay for classes (to take on outside), is there anyway he is able to get parole? I'm assuming not, but hoping he would be able to do this. He was sentenced to 30 mos, or 26 mos, w/5 yr probation. He has been in since March 11th of this year. He's been asking to get to start his SOTP classes since he got transferred to KSR in April. They just now got his paperwork to him today. An attorney who told us he could not take case on because the judge he had was very biased and it wouldn't help, told us to start writing letters to parole board. We didn't know how to do that though, or if you could, without knowing if he's eligible, or him being given a date to go before the board. I really don't mean to bombard you and apologize again, but appreciate any and all advice/assistance you may be able to offer.

Thanks,:)

bing9910
09-20-2010, 08:10 PM
Ahh, thank you so much. You are so sweet and kind. I hope I am not sounding like a dummy, but I know I am and apologize for bothering with this. I have another question though that I'm hoping you can answer, or point me in the right direction. If you did answer this for me already, I'm sorry, but don't understand answer.

I know you have no way of knowing the entire scenario pertaining to my uncle I'm writing you about. Let's say if he does meet the parameters for being eligible for parole and is not considered a violent offender, is he able to take his SOTP classes on outside, if he got parole? In a nutshell, if he offers to pay for classes (to take on outside), is there anyway he is able to get parole? I'm assuming not, but hoping he would be able to do this. He was sentenced to 30 mos, or 26 mos, w/5 yr probation. He has been in since March 11th of this year. He's been asking to get to start his SOTP classes since he got transferred to KSR in April. They just now got his paperwork to him today. An attorney who told us he could not take case on because the judge he had was very biased and it wouldn't help, told us to start writing letters to parole board. We didn't know how to do that though, or if you could, without knowing if he's eligible, or him being given a date to go before the board. I really don't mean to bombard you and apologize again, but appreciate any and all advice/assistance you may be able to offer.

Thanks,:)

Sorry to bother you again, but if he's not eligible to be given a date to go before parole board, are we able to petition them, or not? We have never dealt with anything like this and are lost balls in tall weeds. He was told by his case worker at KSR he most likely wouldn't be eligible for parole due to him only being sentenced to the 30 mos, or 26 mos. Needless to say, this makes no sense to us. I thought anyone, who's not violent offender, would be eligible for parole, regardless whether they're sentence to 30 mos or 30 yrs.

patchouli
09-20-2010, 08:39 PM
Violent offenders have to sevre 85% of their time before being eligible for parole; offenders with Class A,B or C class felonies have to serve 20% before being eligible; and offenders with Class D felonies serve 15% before being eligible. However, SO's are not eligilble until they've completed SOTP. And if I remember correctly, SO's good time isn't taken off their sentence until they've completed SOTP as well. You're no bother! We have a forum Loving a Sex Offender (http://www.prisontalk.com/forums/forumdisplay.php?f=101)(LASO) that may help you understand just how crazy our current laws are concerning SO's. Lot's of fine folks there. When you go into LASO, be sure to scroll down past that big white space (system glitch) to see all the threads/sub-forums). You're more than wlecome to post any state specific questions here in the ky forum!

arugula
09-21-2010, 03:23 PM
Why would SO's refuse to take SOTP? Because they'd be identifiable while in prison?

patchouli
09-21-2010, 04:29 PM
Maybe some, My Mr didn't take it 'cause he's hard-headed that way. Also, participants have to admit to their charges and provide details. Many can't do that, because they didn't do what they were convicted of (My Mr's case and many others) and/or are innocent altogether.


EDIT: It won't do you any good to petition for release without a parole hearing. That's when you write your letters of support. Be sure to get them to the Board at least 7 days before the hearing. He'll probably have a parole hearing when he's eligible, but if he hasn't taken SOTP he'll not get parole.

bing9910
09-22-2010, 09:33 PM
Maybe some, My Mr didn't take it 'cause he's hard-headed that way. Also, participants have to admit to their charges and provide details. Many can't do that, because they didn't do what they were convicted of (My Mr's case and many others) and/or are innocent altogether.


EDIT: It won't do you any good to petition for release without a parole hearing. That's when you write your letters of support. Be sure to get them to the Board at least 7 days before the hearing. He'll probably have a parole hearing when he's eligible, but if he hasn't taken SOTP he'll not get parole.


Thank you so much! Yeah, we're gonna have trouble with the admitting to all of the charges and providing details because he didn't do everything he has been convicted of. That's what he's having a hard time understanding, as are all of us. He appointed me his Power of Attorney after his sentencing. I have his audio confession, discovery, and all files/documentation from court and attorney. His confession has never changed once (from night of incident to day of sentencing). However, since being at KSR, they keep pushing him to confess to more detail of what he did, as well as admit to more than what he did. He keeps telling them, "Look, I admitted to what I did and my story has stayed the same from day one. I haven't changed it since then because there's nothing to change. I'm not changing it now. If you have any doubt about my confession, do a polygraph on me." Of course we found out they won't do that. What sucks is his ex-girlfriend and her daughter provided drawings showing a lot more that he allegedly did and written statements. What is interesting though is that the County Attorney never could get the girl to testify against my uncle. He went ahead and confessed though because he said what he did the one time, on night he was drinking was wrong and he should be punished. I've heard taped confession, read attorney records, seen file from where he met with Psychologist for evaluation at KSR before sentencing. Nothing has ever changed in his story, but they will not get him any slack! In every document, they keep referring to, "victim said and victim's mother said." Even though "victim's mother" is a drug addict, who has been in and out of jail past year and on probation, her credibility is never questioned. His honesty accounts for nothing. He has been given no benefit of the doubt!! It's sad. It really is. I'm not saying what he did is right, nor is he. But, it's really sad how sex offenders are instantly assumed guilty of "all" charges accused of.

Visited with my uncle Sunday. Here's something else I think is absolutely wrong and don't agree with. He starts SOTP treatment finally in October. He said he's scared because there is no privacy or anonymity and all other inmates see people going in and out of those classes. Therefore, they learn who the sex offenders are. That is weighing heavily on his mind. I understand he, along with the others, are being punished. Why don't the same laws for protection and rights of privacy apply to inmates as they do the rest of society? If they can afford to let inmates take college courses, vocational classes, get their GED, then they can afford to protect their privacy. I would think protecting the privacy and identity of a sex offender would be a major priority for prison.

Sorry to have rambled. I'm just really upset for my uncle and worried for him. He has always been just like my 2nd dad.

patchouli
09-23-2010, 08:24 AM
I undestand your frustration....our SO laws/stipulations/requirements are horrible. There is no other charge that can convict a person with ZERO evidence. Just because someone says it, "it" is automatically true. All of "it." Sucks. I do hope you are reading in our LASO forum. Lots of support and understanding there for SO's as well.

sass4221
09-25-2010, 07:12 AM
Please don't take this wrong but I believe there are many SO's at KSR so the coming and going into the classes shouldn't worry him. It is a shame they have to do some of the things they have to do especially since a lot of it doesn't really pertain to them specifically. Unfortunately they are all lumped together no matter how minimal their actions were.

bing9910
09-25-2010, 09:45 AM
Please don't take this wrong but I believe there are many SO's at KSR so the coming and going into the classes shouldn't worry him. It is a shame they have to do some of the things they have to do especially since a lot of it doesn't really pertain to them specifically. Unfortunately they are all lumped together no matter how minimal their actions were.

Don't worry. I didn't take it wrong at all. As a matter of fact, the more feedback I continue to receive, the more appreciative I am...Thank you, thank you, thank you everyone!! That's good to know that there are so many SO's so that hopefully he, (along with the others) will not be singled out. It's still scary though when he hears all the horror stories about what happens behind bars to men such as himself, when found out. I will definitely relay this information to him. You all have definitely relieved some weight and fear off my shoulders.

I just find it so sad that ALL SO's are lumped into one category, "BAD." There are a lot of them that are good people who were either in wrong place at wrong time, had a one time lapse in judgment, or flat out didn't do what they're accused of doing! I also understand there's SO's that are flat out bad people. But, there's always going to be a few bad seeds no matter what, no matter where. You can't stereotype everyone because of those few. I think the SO's that want to be given polygraphs to prove exactly what they're guilty of and not guilty of, should be given that right. It really pi@$es me off when my uncle is told that's not admissible in court. I gave spoken with polygraph experts and some attorneys that have said it is, the court's just not wanting to allow it. It's rather sad the way SO's rights are taken from them. Sorry for all the venting! Everyone have a nice weekend! :)

patchouli
09-25-2010, 10:31 AM
Polygraphs are not admissible in court, BUT they are enough for a PO to PV a parolee. Go figure. Also, an SO has complete SOTP before making parole; if they can't/don't pass the poly they are kicked out of SOTP.

keropigirl
10-12-2011, 01:11 PM
I hope you still check your mail...CAN U PLEASE PM ME...
I have a question.. My hubby got 25-life class A felony..Im confused.. will he have to serve 85 or 20 as u mentioned???/

PLEASE HELP


All sex offenders are not classified as violent offenders so that Statute may not apply. He will have to complete SOTP to be eligible for parole. My Mr served out 5 years on his offense because he refused to take SOTP. However, he later went back for drug charges and as a conditiion of parole when released on the drug charges was ordered to take SOTP out here. So, he either needs to take SOTP inside or serve out. good luck sweetie! Welcome to PTO & the Kentucky forum :)

patchouli
10-12-2011, 06:41 PM
Without knowing what his charges are, just the Class A........I'd have to guess 85%. He'll also have to take SOTP (if he's state) before his "good time" is deducted from his sentence.