KRS 439.3108: Modification of conditions of community supervision -- Department to

reimburse local correctional or detention facilities or residential centers --

Imposition of graduated sanctions.

(1) Notwithstanding any administrative regulation or law t o 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 con ditions

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 re imburse 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 indiv idual 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 super vised

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 impo sition 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 sanc tion 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 o n 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 i ndividual may be taken into custody for up to four (4)

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 corr ectional 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 supe rvision

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.