KRS 439.3107: System of graduated sanctions for violations of conditions of community

supervision -- Administrative regulations.

(1) The department shall, by January 1, 2012, adopt a system of graduated sanctions for

violations of conditions of community supervisi on. 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; failur e 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 accoun t 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 graduate d

sanctions were imposed for previous violations. The system also shall define

positive reinforcements that supervised individuals may receive for compliance with

conditions of supervision.

(2) 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.

(3) The department shall establish by administrative regulation an administrative

process to review graduated sanctions co ntested by supervised individuals under

KRS 439.3108.