439.3106 Sanctions to which supervised individuals are subject.

330 words·~2 min read·/ky/chapter-439/439-3106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Supervised individuals shall be subject to:

(a)Violation revocation proceedings and possible incarceration for failure to

comply with the conditions of supervision when such failure constitutes a

significant risk to prior victims of the supervised individual or the community

at large, and cannot be appropriately managed in the community; or

(b)Sanctions other than revocation and incarceration as appropriate to the

severity of the violation behavior, the risk of future criminal behavior by the

offender, and the need for, and availability of, interventions which may assist

the offender to remain compliant and crime-free in the community.

(a)At a final revocation hearing, the board may subject a supervised individual to

a supervision continuation sanction for a period of up to nine

(9)months, or

until the completion of the individual's sentence, whichever is shorter.

(b)Individuals under a supervision continuation sanction shall be placed in:

1. A state or local correctional or detention facility;

2. An inpatient program for substance abuse treatment which has been

approved by the department; or

3. Notwithstanding KRS 532.100, a halfway house, when the individuals

have been classified by the department as community custody.

(c)Individuals under a supervision continuation sanction shall be considered

inmates for the duration of the supervision continuation sanction period. If an

individual under a supervision continuation sanction successfully completes

the sanction and has not completed the individual's sentence, the individual

shall then be considered a supervised individual.

(d)1. When a supervised individual has successfully completed the

supervision continuation sanction and has not completed the individual's

sentence, the individual shall be:

a. Reinstated to supervision in the community without another

hearing before the board; and

b. Subject to the same supervision conditions that the individual had

been under at the time of the probable cause revocation hearing.

2. When a supervised individual does not successfully complete a

supervision continuation sanction and has not completed the individual's

sentence, the individual shall be returned to the board for revocation

proceedings.