JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 6:270. Probation and parole policies and procedures.

 

      RELATES TO: KRS Chapters 196, 197, 439

      STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.3104, 439.3105, 439.3107, 439.345, 439.470, 439.551,

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.3105, 439.3107, 439.345, 439.470, and 439.551 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. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Department of Corrections Division of Probation and Parole.

 

      Section 1. Incorporation by Reference. (1) "Probation and Parole Policies and Procedures," June 4, 2015[September 11, 2012], are incorporated by reference. Probation and Parole Policies and Procedures include:

27-06-02     Equal Access to Services (Amended 6/4/15[9/11/12])

27-07-01     Cooperation with Law Enforcement Agencies (Amended 6/4/15[7/11/12])

27-08-01     Critical Incident Planning and Reporting and Use of Force (Amended 6/4/15[12/16/11])

27-09-01     Community Resources (Amended 6/4/15[7/11/12])

27-10-01     Pretrial Diversion (Amended 6/4/15[7/11/12])

27-10-02     Mandatory Re-Entry Supervision (Amended 6/4/15[3/12/12])

27-10-03     Post-incarceration Supervision (Amended 6/4/15[3/12/12])

27-11-01     Citizen Complaints (Amended 6/4/15[9/11/12])

27-11-02     Staff-Offender Interaction (Amended 6/4/15[9/11/12])

27-12-01     Case Classification (Amended 6/4/15[3/12/12])

27-12-03     Initial Interview and Intake of New Case (Amended 6/4/15[7/11/12])

27-12-04     Conditions of Supervision Document and Request for Modification (Amended 6/4/15[12/16/11])

27-12-05     Releasee's Report Document (Amended 6/4/15[7/11/12])

27-12-06     Grievance Procedures for Offenders (Amended 6/4/15[12/16/11])

27-12-07     Administrative Caseloads (Amended 6/4/15[7/11/12])

27-12-11     Guidelines for Monitoring Financial Obligations (Amended 6/4/15[3/12/12])

27-12-13     Community Service Work (Amended 6/4/15[7/11/12])

27-12-14     Offender Travel (Amended 6/4/15[12/16/11])

27-13-01     Drug and Alcohol Testing of Offenders (Amended 6/4/15[9/11/12])

27-14-01     Interstate Compact (Amended 6/4/15[3/12/12])

27-15-01     Investigating and Reporting Violations and Unusual Incidents (Amended 6/4/15[3/12/12])

27-15-02     Home Incarceration, Curfew, and Electronic Monitoring for Community Offenders

27-15-03     Graduated Sanctions and Discretionary Detention (Amended 6/4/15[3/12/12])

27-16-01     Search, Seizure, and Processing of Evidence (Amended 6/4/15[7/11/12])

27-17-01     Absconder Procedure (Amended 7/11/12)

27-18-01     Probation and Parole Issuance of Detainer or Warrant (Amended 7/11/12)

27-19-01     Preliminary Revocation Hearing (Amended 6/4/15[3/12/12])

27-20-03     Parole Compliance Credit (Amended 3/12/12)

27-21-01     Apprehension of Probation and Parole Violators (Amended 12/16/11)

27-23-01     In-state Transfer (Amended 7/11/12)

27-24-01     Releasing Offender from Active Supervision (Amended 12/16/11)

27-24-02     Reinstatement of Offenders to Active Supervision (Amended 7/11/12)

27-26-01     Assistance to Former Offenders and Dischargees (Amended 7/11/12)

27-30-01     Sex Offender Registration (Amended 12/16/11)

27-30-02     Sex Offender Supervision (Amended 7/11/12)

28-01-01     Probation and Parole Investigation Reports, Confidentiality, Timing, and General Comments (Amended 12/16/11)

28-01-02     Probation and Parole Investigation Documents (Administrative Responsibilities) (Amended 12/16/11)

28-01-03     Presentence, Post-sentence, and Other Investigative Reports (Amended 3/12/12)

28-01-08     Calculation of Custody Time Credit (Amended 9/11/12)

28-03-01     Parole Plan Investigation, Half-way Houses, and Sponsorship (Amended 3/12/12)

28-03-02     Release on Parole (Amended 12/16/11)

28-04-01     Furlough Verifications (Amended 7/11/12)

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m.

 

LADONNA H. THOMPSON, Commissioner

      APPROVED BY AGENCY: May 25, 2015

      FILED WITH LRC: June 4, 2015 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 2015 at 9:00 a.m. in the at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until July 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Department of Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Amy Barker

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation establishes policies and procedures relating to supervision of probation and parole offenders.

      (b) The necessity of this administrative regulation: To conform to the requirements of KRS 196.030, 196.035, 196.037, 196.070, 196.075, 439.470, and 439.480.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation updates policy and procedures relating to supervision of probation and parole offenders.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation establishes policies and procedures relating to supervision of probation and parole offenders and provides clear direction and information to probation & parole employees in the supervision of offenders.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendments revise policies and procedures for probation and parole.

      (b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 196.030, 196.035, 196.037, 196.070, 196.075, 439.470, and 439.480.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment updates policy and procedures relating to supervision of probation and parole offenders. The Department is authorized to implement or amend practices or procedures to ensure the safe and efficient operation of the Division of Probation & Parole.

      (d) How the amendment will assist in the effective administration of the statutes: This will assist the Division of Probation & Parole in operating more efficiently by streamlining supervision processes, case management strategies, and adopting effective intervention practices.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects 825 Kentucky Department of Corrections Division of Probation and Parole employees, 46,349 offenders, and 120 Circuit Courts and the Parole Board.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Probation and parole officers will have to learn new procedures to comply with regulatory changes. The Department will provide routine training to staff. Offenders will abide by revised policies.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This amendment does not affect revenue. The Division of Probation & Parole averages fifty-five (55) - sixty (60) offenders on electronic monitoring with curfew per month. The cost of monitoring equipment for home incarceration is assumed by the offender with payment made directly to the monitoring service provider. The cost of electronic monitoring is estimated at twenty (20) dollars and thirty-three (33) cents per day, a considerable savings compared to the cost of incarceration. Offenders on electronic monitoring are subject to the supervision fees (as set by the releasing authority and paid into the Kentucky general fund) and drug testing fees (allocated to Department of Corrections restricted funds).

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Offenders will benefit from efficient probation and parole supervision, more streamlined supervision processes, and focused intervention strategies. The Division of Probation & Parole will allocate resources to supervision services and programs according to nationally recognized evidence based practices.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: The amendment to the regulation updates supervision practices but does not add costs beyond what is budgeted to the Department of Corrections. The Department continues to staff as funding levels allow. The routine annual officer training costs of $411 per officer remain the same.

      (b) On a continuing basis: The Department continues to staff as funding levels allow. The routine annual officer training costs of $411 per officer are expected to remain the same.

      (6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: Kentucky Department of Corrections budgeted funds.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: No increase in fees or funding will be necessary to implement the amendments in this administrative regulation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The releasing authority sets fees for most offenders. This regulation sets supervision fees for Interstate Compact offenders. This regulation also sets fees for drug testing required for offenders on supervision. No increase in fees has been made in this amendment.

      (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The amendments to this regulation impact the operation of the Kentucky Department of Corrections, 120 Circuit Courts, and the Parole Board.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 196.030, 196.035, 196.037, 196.070, 196.075, 197.045, 439.310, 439.3106, 439.3107, 439.3108, 439.315, 439.330, 439.340, 439.3406, 439.346, 439.348, 439.430, 439.470, 439.480, 439.551, 439.552, 439.561, 439.563, 532.220, 533.020, 533.030, 533.050, 533.250, 533.256.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The releasing authority sets fees for most offenders. This regulation sets supervision fees for Interstate Compact offenders, which is estimated to generate approximately $150,000-$200,000 annually. These fees are allocated to the Kentucky general fund. This regulation also sets fees for drug testing required for offenders on supervision. In CY 2014, the Division collected over $931,000 in drug testing fees. Drug testing fees collected are allocated to Department of Corrections restricted funds. This amendment does not affect revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? It is anticipated that the amount collected will be similar for subsequent years. This amendment does not affect revenue.

      (c) How much will it cost to administer this program for the first year? No new program is created. The routine annual officer training costs of $411 per officer remain the same. Annual officer training costs are approximately $250,000.

      (d) How much will it cost to administer this program for subsequent years? The Department continues to staff as funding levels allow. The routine annual officer training costs of $411 per officer is expected to remain the same. Annual officer training costs are approximately $250,000.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: