(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society.(2) (A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.(3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.
(1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society.
(2) (A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.
(A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.
(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.
(3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.
(b) A probation officer shall:(1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney;(2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308;(3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;(4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request;(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism;(6) (A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs.(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment.(C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and(7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.
(1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney;
(2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308;
(3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request;
(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism;
(6) (A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs.(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment.(C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and
(A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs.
(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment.
(C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and
(7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.
(c) (1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section.(2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices.(3) The Department of Corrections shall:(A) Develop a process for annually evaluating each provider under subdivision (c)(2) of this section; and(B) Establish a clear policy disqualifying a noncompliant provider from receiving public funds until the provider demonstrates the ability to comply with the requirements of subdivision (c)(2) of this section.(4) In addition to the requirements in § 12-27-104, the Board of Corrections shall include in its annual report the results of annual evaluations under subdivision (c)(3)(A) of this section, listing each provider determined to be noncompliant.(5) The Division of Community Correction shall develop a feedback system that routinely provides the Division of Community Correction with process and aggregated outcome data.
(1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section.
(2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices.
(3) The Department of Corrections shall:(A) Develop a process for annually evaluating each provider under subdivision (c)(2) of this section; and(B) Establish a clear policy disqualifying a noncompliant provider from receiving public funds until the provider demonstrates the ability to comply with the requirements of subdivision (c)(2) of this section.
(A) Develop a process for annually evaluating each provider under subdivision (c)(2) of this section; and
(B) Establish a clear policy disqualifying a noncompliant provider from receiving public funds until the provider demonstrates the ability to comply with the requirements of subdivision (c)(2) of this section.
(4) In addition to the requirements in § 12-27-104, the Board of Corrections shall include in its annual report the results of annual evaluations under subdivision (c)(3)(A) of this section, listing each provider determined to be noncompliant.
(5) The Division of Community Correction shall develop a feedback system that routinely provides the Division of Community Correction with process and aggregated outcome data.
(d) (1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307.(2) (A) The Division of Community Correction shall develop an incentives and sanctions procedure and grid to guide a probation officer in determining the appropriate response to prosocial behavior or a violation of conditions of supervision.(B) Sanctions administered by the Division of Community Correction are required to conform to the incentives and sanctioning grid.(C) The incentives and sanctioning grid shall include:(i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior;(ii) An assignment of point values to and suitable rewards for behaviors that demonstrate prosocial effort or decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; (d) Behavioral health programming; and (e) Prosocial activity;(iii) Details on the mechanisms by which points are accumulated and reduced;(iv) Guidance on which sanctions should be applied at which point thresholds;(v) Rewards that are attainable and meaningful at each risk level to motivate individuals throughout stages of supervision, including without limitation achieving individualized goals, milestones, and accomplishments; and(vi) Guidance on the appropriate motivational ratio of rewards to sanctions.(3) Intermediate sanctions shall include without limitation:(A) Day reporting;(B) Community service;(C) Increased substance abuse screening or treatment, or both;(D) Increased monitoring, including electronic monitoring and home confinement; and(E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a facility operated or contracted by a division of the Department of Corrections for no more than one hundred eighty (180) days.(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a facility operated or contracted by a division of the department as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.(c) A probationer is subject to a period of incarceration of:(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a facility operated or contracted by a division of the department during a two-year period.(4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable.
(1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307.
(2) (A) The Division of Community Correction shall develop an incentives and sanctions procedure and grid to guide a probation officer in determining the appropriate response to prosocial behavior or a violation of conditions of supervision.(B) Sanctions administered by the Division of Community Correction are required to conform to the incentives and sanctioning grid.(C) The incentives and sanctioning grid shall include:(i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior;(ii) An assignment of point values to and suitable rewards for behaviors that demonstrate prosocial effort or decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; (d) Behavioral health programming; and (e) Prosocial activity;(iii) Details on the mechanisms by which points are accumulated and reduced;(iv) Guidance on which sanctions should be applied at which point thresholds;(v) Rewards that are attainable and meaningful at each risk level to motivate individuals throughout stages of supervision, including without limitation achieving individualized goals, milestones, and accomplishments; and(vi) Guidance on the appropriate motivational ratio of rewards to sanctions.
(A) The Division of Community Correction shall develop an incentives and sanctions procedure and grid to guide a probation officer in determining the appropriate response to prosocial behavior or a violation of conditions of supervision.
(B) Sanctions administered by the Division of Community Correction are required to conform to the incentives and sanctioning grid.
(C) The incentives and sanctioning grid shall include:(i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior;(ii) An assignment of point values to and suitable rewards for behaviors that demonstrate prosocial effort or decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; (d) Behavioral health programming; and (e) Prosocial activity;(iii) Details on the mechanisms by which points are accumulated and reduced;(iv) Guidance on which sanctions should be applied at which point thresholds;(v) Rewards that are attainable and meaningful at each risk level to motivate individuals throughout stages of supervision, including without limitation achieving individualized goals, milestones, and accomplishments; and(vi) Guidance on the appropriate motivational ratio of rewards to sanctions.
(i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior;
(ii) An assignment of point values to and suitable rewards for behaviors that demonstrate prosocial effort or decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; (d) Behavioral health programming; and (e) Prosocial activity;
(a) Education;
(b) Workforce development;
(c) Community service;
(d) Behavioral health programming; and
(e) Prosocial activity;
(iii) Details on the mechanisms by which points are accumulated and reduced;
(iv) Guidance on which sanctions should be applied at which point thresholds;
(v) Rewards that are attainable and meaningful at each risk level to motivate individuals throughout stages of supervision, including without limitation achieving individualized goals, milestones, and accomplishments; and
(vi) Guidance on the appropriate motivational ratio of rewards to sanctions.
(3) Intermediate sanctions shall include without limitation:(A) Day reporting;(B) Community service;(C) Increased substance abuse screening or treatment, or both;(D) Increased monitoring, including electronic monitoring and home confinement; and(E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a facility operated or contracted by a division of the Department of Corrections for no more than one hundred eighty (180) days.(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a facility operated or contracted by a division of the department as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.(c) A probationer is subject to a period of incarceration of:(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a facility operated or contracted by a division of the department during a two-year period.
(A) Day reporting;
(B) Community service;
(C) Increased substance abuse screening or treatment, or both;
(D) Increased monitoring, including electronic monitoring and home confinement; and
(E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a facility operated or contracted by a division of the Department of Corrections for no more than one hundred eighty (180) days.(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a facility operated or contracted by a division of the department as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.(c) A probationer is subject to a period of incarceration of:(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a facility operated or contracted by a division of the department during a two-year period.
(i) Incarceration in a county jail for no more than seven (7) days or incarceration in a facility operated or contracted by a division of the Department of Corrections for no more than one hundred eighty (180) days.
(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a facility operated or contracted by a division of the department as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.(c) A probationer is subject to a period of incarceration of:(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a facility operated or contracted by a division of the department during a two-year period.
(a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.
(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a facility operated or contracted by a division of the department as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.
(c) A probationer is subject to a period of incarceration of:(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.
(1) Up to ninety (90) days in a facility operated or contracted by a division of the department for a technical conditions violation; and
(2) Exactly one hundred eighty (180) days in a facility operated or contracted by a division of the department for a serious conditions violation.
(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a facility operated or contracted by a division of the department during a two-year period.
(4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable.
(e) Any time in custody for which the probationer is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii)(a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii)(b) of this section.
(f) A sanction under this section is not available to a person serving a suspended imposition of sentence.
(g) A period of incarceration under this section:(1) May be reduced by a division of the department for good behavior and successful program completion; and(2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served.
(1) May be reduced by a division of the department for good behavior and successful program completion; and
(2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served.
(h) (1) (A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney.(B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.(2) (A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court.(B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.
(1) (A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney.(B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.
(A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney.
(B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.
(2) (A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court.(B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.
(A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court.
(B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.