{"data":{"id":"us-ky/krs-439.3108","jurisdiction":"us-ky","citation":"KRS 439.3108","heading":"Modification of conditions of community supervision -- Department to","body":"reimburse local correctional or detention facilities or residential centers --\nImposition of graduated sanctions.\n(1) Notwithstanding any administrative regulation or law t o the contrary, including\nKRS 439.340(3)(b), the department or board may:\n(a) Modify the conditions of community supervision for the limited purpose of\nimposing graduated sanctions;\n(b) Place a supervised individual who is on probation who violates the con ditions\nof community supervision in a state or local correctional or detention facility\nor residential center for a period of not more than ten (10) days consecutively,\nand not more than sixty (60) days in any one (1) calendar year. The\ndepartment shall re imburse the local correctional or detention facility or\nresidential center for the costs of incarcerating a person confined under this\nparagraph at the rate specified in KRS 532.100;\n(c) Place a supervised individual serving a period of parole or post -release\nsupervision from prison or jail who violates the conditions of community\nsupervision in a state or local correctional or detention facility or residential\ncenter for a period of not more than thirty (30) days consecutively, and not\nmore than sixty (60)  days in any one (1) calendar year. The department shall\nreimburse the local correctional or detention facility or residential center for\nthe costs of incarcerating a person confined under this paragraph at the rate\nspecified in KRS 532.100; and\n(d) Notwithstanding paragraphs (b) and (c) of this subsection, place any\nsupervised individual who violates the conditions of community supervision\nin a state or local correctional or detention facility or residential center for the\nperiod of time a supervised indiv idual awaits admission to a residential\nalcohol or substance use treatment program. The department shall reimburse\nthe local correctional or detention facility or residential center for the costs of\nincarcerating a supervised individual serving a period of parole or post-release\nsupervision confined under this paragraph at the rate specified in KRS\n532.100.\n(2) A probation and parole officer intending to modify the conditions of community\nsupervision by imposing a graduated sanction shall issue to the super vised\nindividual a notice of the intended sanction. The notice shall inform the supervised\nindividual of the technical violation or violations alleged, the date or dates of the\nviolation or violations, and the graduated sanction to be imposed.\n(3) The impo sition of a graduated sanction or sanctions by a probation and parole\nofficer shall comport with the system of graduated sanctions adopted by the\ndepartment under KRS 439.3107. Upon receipt of the notice, the supervised\nindividual shall immediately accept or object to the sanction or sanctions proposed\nby the officer. The failure of the supervised individual to comply with a sanction\nshall constitute a violation of community supervision.\n(4) If the supervised individual objects to the imposition of the sanc tion or sanctions,\nthen:\n(a) If the supervised individual is serving a period of parole or post -release\nsupervision from prison or jail, then the administrative process promulgated\nunder KRS 439.3107(3) shall apply; or\n(b) If the supervised individual is o n probation, then the provisions of KRS\n533.050 shall apply.\n(5) If the graduated sanction involves confinement in a correctional or detention\nfacility:\n(a) Confinement shall be approved by the probation and parole district supervisor,\nbut the supervised i ndividual may be taken into custody for up to four (4)\nhours while such approval is obtained;\n(b) If the supervised individual is employed, the probation and parole officer\nshall, to the extent feasible, impose this sanction on weekend days or other\ndays and times when the supervised individual is not working; and\n(c) The supervised individual may be placed on work release for work at his or\nher place of employment.\n(6) A sanction that confines a supervised individual in a corr ectional or detention\nfacility for a period longer than authorized under subsection (1) of this section, or\nextends the term of community supervision, shall not be imposed as a graduated\nsanction, except pursuant to an order of the court or the board.\n(7) Upon successful completion of a graduated sanction or sanctions, a court may not\nrevoke the term of community supervision or impose additional sanctions for the\nsame violation.\n(8) If a probation and parole officer modifies the conditions of community supe rvision\nby imposing a graduated sanction, the officer shall:\n(a) Deliver a copy of the modified conditions to the supervised individual;\n(b) File a copy of the modified conditions with the sentencing court or releasing\nauthority; and\n(c) Note the date of delivery of the copy in the supervised individual's file or case\nmanagement system.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50186","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"555ba77ab4cb308b4a8c5e7c427262391ac836930c7de76e1d99de7eafad5828","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.3107","next":"us-ky/krs-439.3109"},"notice":"GroundRules: Original legal text. Not legal advice."}