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RENDERED: November 19, 2004; 2:00 p.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2003-CA-001986-MR

BOBBY CURTIS APPELLANT

APPEAL FROM FAYETTE CIRCUIT COURT

V. HONORABLE THOMAS L. CLARK, JUDGE
ACTION NO. 03-CI-02063

KENTUCKY DEPARTMENT OF CORRECTIONS APPELLEE

OPINION
AFFIRMING
** ** ** ** **
BEFORE: BARBER, McANULTY, AND MINTON, JUDGES.
MINTON, JUDGE: Inmate Bobby Gene Curtis appeals from a circuit
court order that denied his petition for declaratory judgment
seeking a declaration of rights that he is entitled to have time
spent while on parole credited to his final discharge date under
a special provision contained in 2003 Ky. Acts, Ch. 156,
Part IX, item 36(a). Because Curtis is not entitled to parole
credit under this provision, we affirm.

Curtis was paroled in November 2001. He was returned

to custody after ten months and five days. His parole was

finally revoked in September 2002 for a violation of the

conditions of parole.

After his return to custody, Curtis filed a petition

for declaratory judgment in the circuit court.1 In the petition,

Curtis alleged that he is entitled to have the period of time he

was on out on parole credited toward his final discharge date.

The circuit court denied the petition. This appeal followed.

In support of his argument, Curtis relies upon a

special provision contained in 2003 Ky. Acts, Ch. 156, Part IX,

item 36(a),2 a budget bill, which provides as follows:

Probation and Parole Credit:

Notwithstanding KRS 439.344,[3] the period of
time spent on parole shall count as a part
of the prisoner

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Kentucky Law