Kentucky Statutes 439.3101 – Administrative regulations requiring supervision and treatment in accordance with evidence-based practices
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(1) The department shall promulgate administrative regulations that require the supervision and treatment of supervised individuals in accordance with evidence- based practices.
(2) The administrative regulations shall, at a minimum, include:
(a) The administration of a validated risk and needs assessment on all supervised individuals at regular intervals to determine their criminal risk factors and to identify intervention targets;
(b) Use of assessment scores and other objective criteria throughout the period of community supervision to determine the risk level and program needs of each supervised individual;
(c) Caseload size guidelines that are based on supervised individuals’ risk levels and take into account department resources and employee workload and prioritization of supervision and program resources for supervised individuals who are at higher risk to reoffend;
(d) Definitions of various risk levels to apply to supervised individuals during the period of community supervision;
(e) Development of a case plan for each individual who is assessed to be moderate-to-high risk based on the risk and needs assessment, that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(f) Implementation of swift, certain, proportionate, and graduated sanctions that a probation and parole officer shall apply in response to a supervised individual’s noncompliant behaviors; and
(g) Establishment of protocols and standards that assess the degree to which policies, procedures, programs, interventions, and practices relating to offender recidivism reduction, whether utilized by the department or contract or referral agencies, are evidence-based.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 51, effective June 8, 2011.
(2) The administrative regulations shall, at a minimum, include:
Terms Used In Kentucky Statutes 439.3101
- 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 - Contract: A legal written agreement that becomes binding when signed.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - validated risk and needs assessment: means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when properly addressed, can reduce that person's likelihood of committing future criminal behavior. See Kentucky Statutes 446.010
(a) The administration of a validated risk and needs assessment on all supervised individuals at regular intervals to determine their criminal risk factors and to identify intervention targets;
(b) Use of assessment scores and other objective criteria throughout the period of community supervision to determine the risk level and program needs of each supervised individual;
(c) Caseload size guidelines that are based on supervised individuals’ risk levels and take into account department resources and employee workload and prioritization of supervision and program resources for supervised individuals who are at higher risk to reoffend;
(d) Definitions of various risk levels to apply to supervised individuals during the period of community supervision;
(e) Development of a case plan for each individual who is assessed to be moderate-to-high risk based on the risk and needs assessment, that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(f) Implementation of swift, certain, proportionate, and graduated sanctions that a probation and parole officer shall apply in response to a supervised individual’s noncompliant behaviors; and
(g) Establishment of protocols and standards that assess the degree to which policies, procedures, programs, interventions, and practices relating to offender recidivism reduction, whether utilized by the department or contract or referral agencies, are evidence-based.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 51, effective June 8, 2011.