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Other Post Conviction Remedies

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If you have already served your entire sentence, but remain in custody, you have the right to be released from custody. File a State Writ of Habeas Corpus in the circuit court where you have been confined to request immediate release. To file a Writ of Habeas Corpus with the state court, you must attach an affidavit to the petition stating all of the facts relied upon showing that you are being unlawfully detained. State habeas corpus relief is an extraordinary remedy which is only available when relief under other rules is insufficient.  For more information on State Habeas Corpus Petitions, please click here.

If you are in custody and don't agree with the results of a prison adjustment committee proceeding, you have a right to challenge that proceeding. You do this by filing a Petition for Declaration of Rights under KRS 418.040. A Petition for Declaration of Rights must be filed within 1 year from the date when the proceeding occurred. The Petition for Declaration of Rights should be filed in the circuit court in the county in which the action arose. For more information on a Petition for Declaration of Rights, click here. ​