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Wednesday, November 25, 2009

Kentucky Supreme Court: Department Of Correction Parole Credit Rules Have Retroactive Application.

Follow the story Supreme Court backs early release of prisoners by Bill Estep, or the excerpt below:cr

The state Department of Corrections acted correctly in letting people out of prison under controversial parole-credit rules approved in 2008, the state Supreme Court ruled Wednesday.

One key issue in the case was that the department gave people time off their current sentences based on periods they’d spent on parole before the new rules were adopted.

Opponents argued that amounted to an inappropriate retroactive application of the rules.

A judge in Southern Kentucky barred the department from using the rules, but a judge in Franklin County refused to issue such an injunction.

The Supreme Court consolidated the cases and ruled unanimously that the legislature intended the rules to be applied retroactively in order to save money on prison costs.

The ruling said the injunction barring use of the rules can’t be enforced. ...

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