§ 439.3106

439.3106 Sanctions to which supervised individuals are subject. (1) Supervised individuals shall be subject to: (a) Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individ ual or the community at large, and cannot be appropriately managed in the community; or (b) Sanctions other than revocation and incarceration as appropriate to the severity of the violation behavior, the risk of future criminal behavior by the offender, an d the need for, and availability of, interventions which may assist the offender to remain compliant and crime -free in the community. (2) (a) At a final revocation hearing, the board may subject a supervised individual to a supervision continuation sanctio n for a period of up to nine (9) months, or until the completion of the individual's sentence, whichever is shorter. (b) Individuals under a supervision continuation sanction shall be placed in: 1. A state or local correctional or detention facility; 2. An inpatient program for substance abuse treatment which has been approved by the department; or 3.

ontinuation sanction shall be placed in: 1. A state or local correctional or detention facility; 2. An inpatient program for substance abuse treatment which has been approved by the department; or 3. Notwithstanding KRS 532.100, a halfway house, when the individuals have been classified by the department as community custody. (c) Individuals under a superv ision continuation sanction shall be considered inmates for the duration of the supervision continuation sanction period. If an individual under a supervision continuation sanction successfully completes the sanction and has not completed the individual's sentence, the individual shall then be considered a supervised individual. (d) 1. When a supervised individual has successfully completed the supervision continuation sanction and has not completed the individual's sentence, the individual shall be: a. Reinstated to supervision in the community without another hearing before the board; and b. Subject to the same supervision conditions that the individual had been under at the time of the probable cause revocation hearing. 2. When a supervised individual does not successfully complete a supervision continuation sanction and has

ons that the individual had been under at the time of the probable cause revocation hearing. 2. When a supervised individual does not successfully complete a supervision continuation sanction and has not completed the individual's sentence, the individual shall be returned to the board for revocation proceedings. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 44, se c. 3, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 137, sec. 1, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 2, sec. 59, effective June 8, 2011.