Prater v. Commonwealth

KELLER, Justice.

I. INTRODUCTION

We granted discretionary review to consider whether KRS 439.575, which establishes a “prerelease probation program,” violates the Kentucky Constitutional provisions mandating separation of powers among the branches of government. We conclude that KRS 439.575 impermissibly confers the executive power of parole upon the judiciary, and we therefore affirm the decision of the Court of Appeals declaring KRS 439.575 unconstitutional.

II. FACTUAL BACKGROUND

The 1998 Kentucky General Assembly enacted a statute authorizing Kentucky’s circuit courts to grant “probation” to…