supervision -- Administrative regulations.
(1) The department shall, by January 1, 2012, adopt a system of graduated sanctions for
violations of conditions of community supervision. Notwithstanding KRS Chapter
533, the system shall set forth a menu of presumptive sanctions for the most
common types of supervision violations, including but not limited to: failure to
report; failure to pay fines, fees, and victim restitution; failure to participate in a
required program or service; failure to complete community service; violation of a
protective or no contact order; and failure to refrain from the use of alcohol or
controlled substances. The system of sanctions shall take into account factors such
as the severity of the current violation, the supervised individual's previous criminal
record, the number and severity of any previous supervision violations, the
supervised individual's assessed risk level, and the extent to which graduated
sanctions were imposed for previous violations. The system also shall define
positive reinforcements that supervised individuals may receive for compliance with
conditions of supervision.
(2) The department shall establish by administrative regulation an administrative
process to review and approve or reject, prior to imposition, graduated sanctions
that deviate from those prescribed.
(3) The department shall establish by administrative regulation an administrative
process to review graduated sanctions contested by supervised individuals under
KRS 439.3108.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 60, effective June 8, 2011.
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2013–2024 · leading case:
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014).
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014).
· cites it 3× “3106(2) regarding “other sanctions” loosely tracks KRS 439.3107, which directs the DOC to adopt a system of graduated sanctions for “the most common types of supervision violations.”
Helms v. Commonwealth, 475 S.W.3d 637 (Ky. Ct. App. 2015).
· cites it 2× “creating KRS 439.3107 and companion statutes. KRS -439.”
Kaletch v. Commonwealth, 396 S.W.3d 324 (Ky. Ct. App. 2013).
· cites it 6× “After a careful review of the record, we affirm because Kaletch’s double jeopardy rights were not violated, KRS 439.3107 is inapplicable, and there was no palpable error regarding his KRS 439.”
Williams v. Commonwealth, 462 S.W.3d 407 (Ky. Ct. App. 2015).
“3106(2) regarding “other sanctions” loosely tracks KRS 439.3107, which directs the DOC to adopt a system of graduated sanctions for “the most common types of supervision violations.”
Noah Adams v. Kentucky Parole Bd. (Ky. Ct. App. 2023).
· cites it 2× “KRS 439.3107 expressly instructed the Department of Corrections to adopt a system of graduated sanctions for persons on community supervision.”
Lisa Payton v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 2× “KRS 439.3107 provides that the Department of Corrections (DOC) shall institute certain graduated sanctions for the most common types of supervision violations as opposed to incarceration.”
Commonwealth of Kentucky v. Thomas Moore (Ky. 2023).
“010(5)(d), or (2) the circuit court committed palpable error by failing to consider lesser sanctions than revocation under KRS 439.3107. Moore does not raise those issues before this Court.”
Howard Gribbins v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
“3106(2) regarding “other sanctions” loosely tracks KRS 439.3107, which directs the DOC to adopt a system of graduated sanctions for “the most common types of supervision violations.”
— Ky. Rev. Stat. § 439.3107(1) — 1 case
Lisa Payton v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“KRS 439.3107 provides that the Department of Corrections (DOC) shall institute certain graduated sanctions for the most common types of supervision violations as opposed to incarceration.”
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