Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS Chapters 196, 439
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
196.035,
439.470,
and
439.552
authorize the Justice and Public Safety Cabinet and Department of Corrections to
promulgate administrative regulations necessary and suitable for the proper
administration of the department or any of its divisions and to establish procedures
for recommending early termination of probation. This administrative regulation
establishes the procedures for recommendations for early termination of probation
for a supervised individual who meets the criteria stated in
KRS
439.552 and review of probation compliance of a
supervised individual.
Section 1.
Definitions.
(1) "Case plan" is defined in
KRS
446.010(6).
(2) "Officer" or "probation and parole officer"
means a person employed by the Department of Corrections Division of Probation and
Parole who supervises, counsels, and directs an offender on probation or
parole.
(3) "Probationer" means a person
who has been sentenced to probation and ordered by a court with jurisdiction over
the sentence to be supervised by the Department of Corrections;
(4) "Risk and needs assessment" is defined in
KRS
446.010(35).
(5) "Violent offense" is defined in
KRS
439.3401(1).
Section 2. Review of Compliance of a Supervised
Individual.
(1) Timing of compliance review. The
compliance review shall be conducted when the probationer has a risk and needs
reassessment pursuant to
KRS
439.552 and
501 KAR
6:280, incorporating by reference CPP 29.1.
(2) Arrests. The officer supervising a probationer
shall determine if the probationer has had any new arrests during the period of
supervision. If the probationer has had an arrest, then the probationer shall not:
(a) Be eligible for recommendation of early
termination of probation pursuant to
KRS
439.552; and
(b) Be reviewed again for recommendation of early
termination of probation.
(3)
Reduction in risk factors. The officer supervising a probationer shall review the
results of the most recent risk and needs assessment to determine whether there has
been a reduction in the probationer's risk factors.
(4) Restitution and financial obligations. The
officer supervising a probationer shall verify whether the probationer has:
(a) Satisfied all court ordered restitution;
and
(b) Paid all other court ordered
financial obligations at a minimum in the following manner:
1. Paid at least ninety (90) percent of a lump sum
obligation; and
2. Shall not be more
than one payment behind in scheduled payment obligations, including court ordered
child support obligations, supervision fees, drug testing fees, or other similar
payments.
(5) Case
plan. The officer supervising a probationer shall review a probationer's case plan
to determine if the probationer has met the requirements of the plan during the
period of supervision as required in
KRS
439.552(1)(a) 1.
(6) Time on supervision. The officer supervising a
probationer shall review the probationer's time on supervision to determine if the
probationer has spent a minimum of eighteen (18) months on supervision.
(7) Supervision compliance. The officer
supervising a probationer shall review the probationer's compliance with the terms
of supervision to determine if the probationer has a minimum of the last twelve (12)
months without violations.
Section
3. Recommendation to Court of Early Termination of Probation. If the
probationer meets the requirements of
KRS
439.552(1)(a) and (2) and Section
2 of this administrative regulation and an override pursuant to Section 4 of this
administrative regulation is not used, then the officer shall submit to the
releasing court a report that shall include the following:
(1) A description of the probationer's progress
while under supervision including compliance with the regular conditions of
supervision;
(2) Specific information
related to the completion of any special conditions ordered by the releasing
court;
(3) Other relevant information
regarding compliance with court ordered conditions of supervision and community
stability issues; and
(4) A request for
early termination of probation.
Section
4. Override.
(1) If the officer has
reason to believe that a probationer poses a significant risk to recidivate if the
supervision is terminated early, the officer shall consult with the District
Supervisor or designee and a decision may be made to issue an override.
(2) Override factors. Override factors for
consideration shall include the following:
(a)
High risk on risk and needs assessment;
(b) Very high risk on risk and needs
assessment;
(c) Convicted of violent
offense;
(d) Prior violent offense
conviction;
(e) Pending charge against
probationer;
(f) Pending or current
emergency protective order (EPO);
(g)
Pending or current domestic violence order (DVO); or
(h) Other factors of similar magnitude.
(3) If a decision is made to issue an
override, then at least one (1) factor in subsection (2) of this section shall be
identified in the decision and a recommendation for early termination shall not be
made to the court.
(4) An override shall
be documented in the offender management system.
Section 5. Subsequent Review of Probationers Not
Recommended for or Granted Early Termination of Probation.
(1) If the probationer is not eligible for a
recommendation for early termination from probation due to the failure to meet one
or more requirements, with the exception of arrest, the officer shall review the
probationer for a possible recommendation when the probationer has a risk and needs
reassessment pursuant to
KRS
439.552 and
501 KAR
6:280, incorporating by reference CPP 29.1.
(2) If the probationer is recommended for early
termination of probation, but the court does not grant the early termination, the
officer shall review the probationer for a possible recommendation when the
probationer has a risk and needs reassessment pursuant to
KRS
439.552 and
501 KAR
6:280, incorporating by reference CPP 29.1.
Section 6. Case Closure. If the court
approves the recommendation for early termination of probation, the department shall
discontinue supervision and close its probation case.
STATUTORY AUTHORITY:
KRS
196.035,
439.470,
439.552