SB 202 — AN ACT relating to conditions of supervision.

UNOFFICIAL COPY 24 RS BRSB 2010202/GA AN ACT relating to conditions of supervision.

The board in its discretion may request the parole board of another state confining prisoners pursuant to KRS 196.610 to Page 1 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA interview eligible prisoners and make a parole recommendation to the board.

Regulations governing the eligibility of prisoners for parole shall be in accordance with professionally accepted ideas of correction and reform and may utilize in part objective, performance-based criteria and risk and needs assessment Page 2 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA information;

Notice to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall Page 3 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA be in a manner that ensures receipt by the Commonwealth's attorney, who shall forward the notice promptly to the victims or their next of kin at their last known address.

In addition to officers listed Page 4 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing.

(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its members, agents, or employees or by a Commonwealth's attorney or any of his or her agents or employees to comply with any of the provisions of subsections (5), (6), and (8) of this section shall not affect the validity of any parole decision or give Page 5 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA rise to any right or cause of action by the crime victim, the prisoner, or any other person.

(15) When an order for parole is issued, it shall recite the conditions thereof, which may include requiring the person to participate in a specific evidence-based program designed to reduce violence.

(1) The conditions of probation and conditional discharge shall be such as the court, in Page 6 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA its discretion, deems reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him or her to do so.

(l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for Page 7 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA the cost of the testing and analysis, as specified by written order of the court, performed under this subsection.

or (o) Participate in a specific evidence-based program designed to reduce violence.

(3) When imposing a sentence of probation or conditional discharge in a case where a victim of a crime has suffered monetary damage as a result of the crime due to his or her property having been converted, stolen, or unlawfully obtained, or its value substantially decreased as a result of the crime, or where the victim suffered actual medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of the crime, or where the victim incurred expenses in relocating for the purpose of the victim's safety or the safety of a member of the victim's household, or if as a direct result of the crime the victim incurred medical expenses that were paid by the Cabinet for Health and Family Services, the Crime Victims Compensation Board, or any other governmental entity, the court shall order the defendant to make restitution in addition to any other penalty provided for the commission of the Page 8 of 11 SB020210.100 - 2010 - XXXX 3/8/2024 9:45 AM GA UNOFFICIAL COPY 24 RS SB 202/GA offense.

Payment of restitution to the victim shall have priority over payment of Page 8 of 11 XXXX 2/9/2024 11:23 AM Jacketed UNOFFICIAL COPY 24 RS BR 2010 restitution to any government agency.

(c) When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall Page 9 of 11 SB020210.100 - 2010 - XXXX 2/9/20243/8/2024 11:239:45 AM JacketedGA UNOFFICIAL COPY 24 RS BRSB 2010202/GA Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court;

Any prohibitions against probation, shock probation, or conditional discharge under KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor orPage Class10 Dof felony11 andSB020210.100 sentenced- to2010 a- periodXXXX of3/8/2024 confinement9:45 orAM homeGA incarcerationUNOFFICIAL PageCOPY 1024 ofRS 11SB XXXX202/GA 2/9/2024or 11:23Class AMD Jacketedfelony UNOFFICIALand COPYsentenced 24to RSa BRperiod 2010of confinement or home incarceration under this section.

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