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CRIMINAL RULE NO. 11

Board of Paroles

There is created a Board of Paroles to be known as the Johnson County Board of Paroles pursuant to K.S.A. 20-2301. Said Board shall generally consist of those judges assigned to the Criminal Department. However, any Judge of the District Court may sit on said Board at their pleasure.

Said Board of Paroles shall meet on the second and fourth Thursdays of each month at 2:00 p.m. When such day shall be a court holiday the Board shall meet as directed by the Criminal Department Administrative Judge.

Scheduling
It shall be the responsibility of the defendant or defendant's attorney to contact the sentencing court and schedule the defendant's appearance before the Board of Paroles. Said application shall be made by the Friday next preceding the appearance before the Board of Paroles.

The Board of Paroles shall not hear an application for probation, parole or for re-consideration when a hearing on the merits has been previously provided before the Board.

Any subsequent appearance before the Board of Paroles shall be for good cause shown only.

Vote
For a contract of parole or probation to be offered a defendant by the Board of Paroles, a favorable vote from a majority of the Judges sitting as a Board is necessary. In the event a defendant received one-half or less of the votes, the application shall be denied.

The Journal Entry of Parole Application shall be signed by the Judge presiding.

Bench Probation and Parole
Nothing in these Rules will preclude the right of the sentencing Judge to grant a bench probation or parole to a defendant

If a request for bench probation or parole is denied by the sentencing Judge, the defendant may apply to the Board of Paroles for a hearing on the next scheduled hearing date that is more than five (5) calendar days later.

Continuances
If a hearing has been scheduled before the Board of Paroles and a defendant in custody desires a continuance of said hearing, the defendant and his or her attorney, if any, must appear before the sentencing court to have the request heard. A defendant in custody may appear by counsel. If the defendant or his attorney fails to appear, his application for parole shall be considered withdrawn.