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Rule 27 Guidelines for the use of private probation companies

Baldwin's Kentucky Revised Statutes Annotated54th Judicial District - Boone and Gallatin Circuit and District Court

Baldwin's Kentucky Revised Statutes Annotated
54th Judicial District - Boone and Gallatin Circuit and District Court
Local Criminal Rules
KY RBGD Rule 27
Rule 27 Guidelines for the use of private probation companies
Currentness
A. Purpose
While the court encourages that probation services be performed by governmental or non-profit agencies or volunteers, the court recognizes that these services are not always available and thus to provide for the efficient operation of the court, private probation companies may be the only way to provide needed assistance in certain cases. All referrals to a private probation company shall be made pursuant to, and in accordance with, all requirements set out in SCR 9.000--9.040, “Monitoring of District Court Probationers by Private Agency.” Form AOC-411, “Private Probation Agency Requirements and Agreement,” shall be used by the private probation company to comply with the requirements set out in SCR 9.020.
In employing the use of private probation companies, the court recognizes that guidelines are needed to assure the public resources are managed efficiently and that no unfair advantage is given and to assure that the private probation company in an independent contractor selected by the court for a limited purpose and is not an agent, servant or employee of the court.
B. Scope of the Rules
This Rule shall apply to any private, for-profit probation company supervising misdemeanor or traffic offenders convicted in District Court and whose sentence includes alternatives to incarceration or fine provided, however, that it does not apply to programs licensed by the Cabinet for Health Services (CHS) as DUI alcohol/drug education/treatment programs.
C. Terms
1. No judge of the District Court shall refer a misdemeanor or traffic offender to a private probation company for supervision unless that private probation company has been approved to provide services to the court.
2. No private probation company shall be approved to provide services to the court;
a. Unless it first agrees in writing to maintain liability insurance in an amount equal to a minimum of $1 million dollars and provides proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, “Private Probation Agency Requirements and Agreement”;
b. If any judge of the District Court, spouse of any judge of the District Court or minor child residing in the household of any judge of the District Court, has an individual or fiduciary financial interest in or relationship with such company.
c. If any principal officer, director or trustee, or spouse of said officer, director or trustee is related by blood or marriage within the third degree of relationship to any District Judge or the spouse of any District Judge;
d. Unless it first agrees, in writing, to accept pro bono referrals from the Court on a proportional basis with all other private probation companies providing approved services to the District Court;
e. Unless it first agrees, in writing, to provide the Court on an annual basis with a written schedule of fees to be charged, such schedule to include a sliding scale fee schedule for indigent defendants based upon their ability to pay, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, “Private Probation Agency Requirements and Agreement”;
f. Unless it first agrees, in writing, to assess fees in strict conformity with the fee schedule submitted to the Court and approved by the Court;
g. Unless it first agrees, in writing, to report to the District Court on a monthly basis all pro bono cases referred to the private probation company by the Court and whether the company accepted or rejected the pro bono referral and, if rejected, the reasons for such rejection;
h. Unless it first agrees, in writing, to maintain accurate and complete accounts of all monies received from the defendant, in accordance with proper accounting practices and procedures, and provide any such accounting upon request from the Court;
i. Unless it first agrees, in writing, to report to the District Court, as often as the Court requires, on the defendant's progress and compliance with his or her terms of probation or conditional discharge;
j. Unless it first agrees, in writing, to establish and maintain policies and/or procedures for the confidential receipt and investigation of complaints made by defendants alleging abusive behavior of the private probation company's employees, agents, or representatives, and provide proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, “Private Probation Agency Requirements and Agreement”;
k. Unless it first agrees, in writing, to establish and maintain training and/or certification requirements for its employees, agents, or representatives who supervise defendants, and provide proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, “Private Probation Agency Requirements and Agreement”;
l. Unless it first agrees, in writing, that it will not prepare, tender, or present warrants, orders, or motions to the District Court concerning any defendant under its supervision; and
m. Unless it first agrees, in writing, that it will not collect any fines, fees, or court costs for or on behalf of the District Court.
3. In utilizing the services of private probation companies to supervise misdemeanor or traffic offenders, the District Court shall;
a. Assure that the private probation company shall have no discretion as to the terms or conditions of probation, including, but not limited to the condition of or amount of restitution;
b. Assure that the private probation company shall not collect any lines, fees, or court costs for the Court and assure that the private probation company shall not collect restitution provided, however, that the private probation company shall be permitted to assist or monitor and report to the court the status of payment of same;
c. Approve all fees to be charged by the private probation company and assure that all fees actually charged are in compliance with the approved schedule of fees;
d. Advise the defendant, in accordance with KRS 439.315(7), of his or her right during the pendency of the defendant's probation or conditional discharge to petition the Court to modify or vacate its previous judgment or order on the grounds of change of circumstance with regard to the defendant's ability to pay the fee charged by the private probation company;
e. Assure that no defendant's probation is revoked due to nonpayment of the fee charged by the private probation company unless, in accordance with KRS 439.315(4), the Court has held a hearing to determine why the fee has not been paid. Failure without good cause to pay the fee shall be grounds for the revocation of probation; however, the inability to pay the fee does not constitute good cause, and probation shall not be revoked based solely on the defendant's inability to pay;
f. Assure that the private probation company and its employees, agents, or representatives shall not prepare, tender, or present warrants, orders, or motions to the District Court concerning any defendant under the company's supervision;
g. Assure that no employees of the private probation company are seated in the Courtrooms of the District Court within the bar;
h. Assure that the terms of probation or conditional discharge are clearly stated on the Court's docket or other forms provided by the Administrative Office of the Courts and not on the forms of the private probation company;
i. Assign pro bono cases proportionately to all private probation companies approved to provide services to the Court;
j. Assure that all private probation companies report to the Court on a monthly basis all pro bono cases referred to such company by the Court and whether such company accepted or rejected such pro bono referral and, if rejected, the reasons for such rejection;
k. Keep and, with appropriate redactions, make available upon written request all records and supporting documentation provided by the private probation company to the District Court pursuant to SCR 9.020; and
l. Maintain a list of all private probation companies in the district that have met the requirements of SCR 9.000--9.040.
D. Non-compliance with this Rule by any private probation company shall constitute grounds for denying or rescinding approval for the private probation company to provide services to the District Court.

Credits

HISTORY: Amended effective December 12, 2019. Adopted effective July 28, 2014.
Boone/Gallatin District Court Rule 27, KY R BOONE GALLATIN DIST CT Rule 27
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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