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Rule 15. Monitoring of district court probationers by private agency (CMS)

Baldwin's Kentucky Revised Statutes Annotated9th Judicial District - Hardin District Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial District - Hardin District Court
KY RHDC Rule 15
Rule 15. Monitoring of district court probationers by private agency (CMS)
Currentness
15.01. Monitoring. The Hardin District Court adopts Supreme Court Rule 9.000 MONITORING OF DISTRICT COURT PROBATIONERS BY PRIVATE AGENCY as a local rule as hereinafter set out.
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.
15.04. Requirements of Private Agency. To receive referrals from the district court, the private agency must:
A. be an independent contractor and not an agent, servant, or employee of the court;
B. have no individual or fiduciary financial relationship with a judge of the district in which the agency has been approved to provide services, nor with the judge's spouse, nor with a minor child of the judge residing within the judge's household;
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;
D. maintain and provide upon request liability insurance in an amount equal to a minimum of $1 million dollars;
E. agree in writing to accept pro bono referrals from the district court on a proportional basis with all other private probation companies providing approved services to a district court;
F. must provide the district court a written schedule of fees to be charged, including a sliding scale fee schedule for indigent defendants based upon the individual's ability to pay; and,
G. agree in writing to assess fees in strict conformity with the fee schedule submitted to and approved by the district court.
15.05. Requirements of District Court In Referring a Convicted Offender to a Private Agency. When utilizing a private agency for probation monitoring, the district court must:
A. assure the private agency has no discretion as to the terms or conditions of probation, including, but not limited to the condition of or the amount of restitution;
B. assure the private agency shall not collect any fines, fees and court costs for the district court;
C. approve all fees to be charged by the private agency, and assure all fees actually charged comply with the approved schedule of fees submitted to the district court;
D. assure no employee of the private agency is seated inside the bar within the courtroom;
E. assure 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 forms provided by the private agency;
F. assign pro bono cases proportionately to all private agencies approved by the district court to provide services to the court;
G. require all private agencies to report to the district court on a monthly basis all pro bono cases referred to such agency by the court and whether such agency accepted or rejected the pro bono referral and, if rejected, the reasons for such rejection.
15.06. Disqualification. Non-compliance with the rule by any private agency shall constitute grounds for the district court to deny or rescind approval for the private agency to provide services to the district court.
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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