439.3108 Modification of conditions of community supervision -- Department to
751 words·~3 min read·
/ky/439-3108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
reimburse local correctional or detention facilities or residential centers --
Imposition of graduated sanctions.
(1)Notwithstanding any administrative regulation or law to the contrary, including
KRS 439.340(3)(b), the department or board may:
(a)Modify the conditions of community supervision for the limited purpose of
imposing graduated sanctions;
(b)Place a supervised individual who is on probation who violates the conditions
of community supervision in a state or local correctional or detention facility
or residential center for a period of not more than ten
(10)days consecutively,
and not more than sixty
(60)days in any one
(1)calendar year. The
department shall reimburse the local correctional or detention facility or
residential center for the costs of incarcerating a person confined under this
paragraph at the rate specified in KRS 532.100;
(c)Place a supervised individual serving a period of parole or post-release
supervision from prison or jail who violates the conditions of community
supervision in a state or local correctional or detention facility or residential
center for a period of not more than thirty
(30)days consecutively, and not
more than sixty
(60)days in any one
(1)calendar year. The department shall
reimburse the local correctional or detention facility or residential center for
the costs of incarcerating a person confined under this paragraph at the rate
specified in KRS 532.100; and
(d)Notwithstanding paragraphs
(b)and
(c)of this subsection, place any
supervised individual who violates the conditions of community supervision
in a state or local correctional or detention facility or residential center for the
period of time a supervised individual awaits admission to a residential
alcohol or substance use treatment program. The department shall reimburse
the local correctional or detention facility or residential center for the costs of
incarcerating a supervised individual serving a period of parole or post-release
supervision confined under this paragraph at the rate specified in KRS
532.100.
(2)A probation and parole officer intending to modify the conditions of community
supervision by imposing a graduated sanction shall issue to the supervised
individual a notice of the intended sanction. The notice shall inform the supervised
individual of the technical violation or violations alleged, the date or dates of the
violation or violations, and the graduated sanction to be imposed.
(3)The imposition of a graduated sanction or sanctions by a probation and parole
officer shall comport with the system of graduated sanctions adopted by the
department under KRS 439.3107. Upon receipt of the notice, the supervised
individual shall immediately accept or object to the sanction or sanctions proposed
by the officer. The failure of the supervised individual to comply with a sanction
shall constitute a violation of community supervision.
(4)If the supervised individual objects to the imposition of the sanction or sanctions,
then:
(a)If the supervised individual is serving a period of parole or post-release
supervision from prison or jail, then the administrative process promulgated
under KRS 439.3107(3) shall apply; or
(b)If the supervised individual is on probation, then the provisions of KRS
533.050 shall apply.
(5)If the graduated sanction involves confinement in a correctional or detention
facility:
(a)Confinement shall be approved by the probation and parole district supervisor,
but the supervised individual may be taken into custody for up to four
hours while such approval is obtained;
(b)If the supervised individual is employed, the probation and parole officer
shall, to the extent feasible, impose this sanction on weekend days or other
days and times when the supervised individual is not working; and
(c)The supervised individual may be placed on work release for work at his or
her place of employment.
(6)A sanction that confines a supervised individual in a correctional or detention
facility for a period longer than authorized under subsection
(1)of this section, or
extends the term of community supervision, shall not be imposed as a graduated
sanction, except pursuant to an order of the court or the board.
(7)Upon successful completion of a graduated sanction or sanctions, a court may not
revoke the term of community supervision or impose additional sanctions for the
same violation.
(8)If a probation and parole officer modifies the conditions of community supervision
by imposing a graduated sanction, the officer shall:
(a)Deliver a copy of the modified conditions to the supervised individual;
(b)File a copy of the modified conditions with the sentencing court or releasing
authority; and
(c)Note the date of delivery of the copy in the supervised individual's file or case
management system.