2016 Kentucky Revised Statutes CHAPTER 439 - PROBATION AND PAROLE .3108 Modification of conditions of community supervision -- Imposition of graduated sanctions.
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439.3108 Modification of conditions of community supervision -- Imposition of
graduated sanctions.
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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; and
(b) Place a supervised individual 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 thirty (30) 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.
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.
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.
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.
If the graduated sanction involves confinement in a correctional or detention
facility, confinement shall be approved by the probation and parole district
supervisor, but the supervised individual may be taken into custody for up to four
(4) hours while such approval is obtained. 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.
A sanction that confines a supervised individual in a correctional or detention
facility for a period of more than ten (10) consecutive days, 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.
Upon successful completion of a graduated sanction or sanctions, a court may not
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revoke the term of community supervision or impose additional sanctions for the
same violation.
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.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 62, effective June 8, 2011.
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