Jones v. Bailey

The Supreme Court held that an offender placed on post-incarceration supervision does not receive a constitutionally sufficient final revocation hearing before the Kentucky Parole Board under the current procedures. David Wayne Bailey was convicted of first-degree sexual abuse, and after serving a sentence, was released to a period of post-incarceration supervision (supervision). When Bailey failed to complete sex offender treatment as directed, a final revocation hearing was held. Bailey was not provided notice of the time and place of the hearing, did not have counsel to represent him, and was not able to present witnesses or further testimony on the alleged violations. After the hearing, the Parole Board revoked Bailey's post-incarceration supervision. Bailey filed a petition for a writ of mandamus challenging the Board's procedures on due process grounds. The circuit court dismissed the petition for failure to state a claim. The court of appeals reversed. The Supreme Court (1) affirmed the reversal of the order of dismissal, holding that Bailey's due process rights were violated but that Ky. Rev. Stat. 31.110 does not provide an offender a statutory right to counsel at a revocation hearing; and (2) reversed the appellate court's holding regarding due process requirements and section 31.110. View "Jones v. Bailey" on Justia Law