Rule 15. Monitoring of district court probationers by private agency (CMS)
Baldwin's Kentucky Revised Statutes Annotated9th Judicial District - Hardin District Court
KY RHDC Rule 15
Rule 15. Monitoring of district court probationers by private agency (CMS)
15.02. Statutory Authority. KRS 533.010 (12) permits a court to order a defendant to submit to probation monitoring by a private agency when it is in the best interest of the defendant and the public to do so. The following rules shall apply when a district court orders a private agency to supervise a defendant who has been convicted of a misdemeanor or traffic offense and placed on probation as an alternative sentence to imprisonment.
15.03. Referral to Private Agency--Designation of Agency by Separate Order. A district court may refer a defendant convicted of a misdemeanor or a traffic offense to a private agency for monitoring in accordance with KRS 533.010(12) only when probation monitoring services are not being and cannot be performed by a governmental agency, a not-for-profit agency or volunteers. First preference for all monitoring shall be given to the governmental agency through the Hardin County Attorney office: CAMS. Further, Hardin District Court declares a current need for such private agency in any areas which are not currently serviced on probation monitoring review by the Hardin County Attorney. Commonwealth Mediation Services of Kentucky, LLC (CMS) shall be the private probationary review agency for Hardin District Court when such additional services are needed.
C. not have as a principal officer, director or trustee, or the spouse of said officer, director or trustee, anyone related by blood or marriage within the third degree of relationship to any judge or the spouse of any judge in the district for which the agency has been approved to provide services;
15.07. Protocol Guidelines for Random Drug Testing and for Home Incarceration. The Monitoring Program shall establish with the advice and consent of the Hardin District Judges Protocol/Guidelines for Defendants participating in Court ordered Random Drug Testing and Home Incarceration Programs. These protocol/guidelines shall be reviewed personally with each Defendant and each Defendant shall sign as understanding these conditions. A copy of the signed protocol/guidelines shall be provided to the Defendant at the time that he signs the same. If a Defendant is referred back to Court from the Monitoring Program for failure to abide by any of these protocol/guidelines, the original of the signed protocol/guidelines shall be filed with the Court as part of the referral back to court for further action.
Credits
HISTORY: Amended effective March 1, 2022. Prior amendments effective July 22, 2016; March 6, 2007.
Hardin District Court Rule 15, KY R HARDIN DIST CT Rule 15
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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