Kentucky Statutes 439.552 – Early termination of probation — Administrative regulations
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(1) The department shall promulgate administrative regulations in consultation with the
Supreme Court to establish procedures to:
(a) Recommend to the court the early termination of probation for a supervised individual who has:
1. Fulfilled the terms of his or her case plan;
2. No new arrests;
3. Demonstrated a reduction in criminal risk factors upon reassessment;
and
4. Fulfilled all restitution and substantially fulfilled all other financial obligations to the court; and
(b) Review the compliance of the supervised individual on probation with the requirements in paragraph (a) of this subsection. This review for compliance shall occur at the same time as the regular reassessment pursuant to KRS
439.3101 and 439.3104.
(2) The department shall petition the court with a request for early termination if the supervised individual on probation has:
(a) Complied with the requirements in subsection (1)(a) of this section;
(b) Completed at least eighteen (18) months of his or her term of supervision; and
(c) Not violated the terms of his or her supervision in the last twelve (12) months. (3) The department may establish by administrative regulation conditions for overriding
the recommendation of early termination of probation.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 57, effective June 8, 2011.
Supreme Court to establish procedures to:
Terms Used In Kentucky Statutes 439.552
- Case plan: means an individualized accountability and behavior change strategy for supervised individuals that:
(a) Targets and prioritizes the specific criminal risk factors of the individual based upon his or her assessment results. See Kentucky Statutes 446.010 - Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail. See Kentucky Statutes 446.010
(a) Recommend to the court the early termination of probation for a supervised individual who has:
1. Fulfilled the terms of his or her case plan;
2. No new arrests;
3. Demonstrated a reduction in criminal risk factors upon reassessment;
and
4. Fulfilled all restitution and substantially fulfilled all other financial obligations to the court; and
(b) Review the compliance of the supervised individual on probation with the requirements in paragraph (a) of this subsection. This review for compliance shall occur at the same time as the regular reassessment pursuant to KRS
439.3101 and 439.3104.
(2) The department shall petition the court with a request for early termination if the supervised individual on probation has:
(a) Complied with the requirements in subsection (1)(a) of this section;
(b) Completed at least eighteen (18) months of his or her term of supervision; and
(c) Not violated the terms of his or her supervision in the last twelve (12) months. (3) The department may establish by administrative regulation conditions for overriding
the recommendation of early termination of probation.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 57, effective June 8, 2011.