2011 Kentucky Revised Statutes CHAPTER 439 PROBATION AND PAROLE 439.3107 System of graduated sanctions for violations of conditions of community supervision -- Administrative regulations.
KY Rev Stat § 439.3107 (1996 through Reg Sess) What's This?
439.3107 System of graduated sanctions for violations of conditions of community
supervision -- Administrative regulations.
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The department shall, by January 1, 2012, adopt a system of graduated sanctions for
violations of conditions of community supervision. Notwithstanding KRS Chapter
533, the system shall set forth a menu of presumptive sanctions for the most
common types of supervision violations, including but not limited to: failure to
report; failure to pay fines, fees, and victim restitution; failure to participate in a
required program or service; failure to complete community service; violation of a
protective or no contact order; and failure to refrain from the use of alcohol or
controlled substances. The system of sanctions shall take into account factors such
as the severity of the current violation, the supervised individual's previous criminal
record, the number and severity of any previous supervision violations, the
supervised individual's assessed risk level, and the extent to which graduated
sanctions were imposed for previous violations. The system also shall define
positive reinforcements that supervised individuals may receive for compliance with
conditions of supervision.
The department shall establish by administrative regulation an administrative
process to review and approve or reject, prior to imposition, graduated sanctions
that deviate from those prescribed.
The department shall establish by administrative regulation an administrative
process to review graduated sanctions contested by supervised individuals under
KRS 439.3108.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 60, effective June 8, 2011.
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