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PRATER v. COM.

No. 2000-SC-0279-DG.

82 S.W.3d 898 (2002)

Roma Gene PRATER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Amended September 24, 2002.

Attorney(s) appearing for the Case

Joseph Ray Myers, Karen Maurer, Assistant Public Advocates, Department of Public Advocacy, Frankfort, for Appellant.

Gail Robinson, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Kentucky Association of Criminal Defense Lawyers, Amicus Curiae.

A.B. Chandler, III, Attorney General, John E. Zak, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for Appellee.

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...

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