501 KAR 2:070. Work release.

 

      RELATES TO: KRS

533.010, 533.025

      STATUTORY

AUTHORITY: KRS 196.035, 197.020, 533.010(14)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 533.010(14) requires the Department of

Corrections to promulgate an administrative regulation to develop written

criteria for work release privileges granted by the statute. This

administrative regulation establishes work release procedures.

 

      Section 1. (1) The

criteria to be used in the determination of granting work release shall be the

following:

      (a) The defendant

granted work privileges shall have a suitable job placement, at a lawful wage,

as approved by the sentencing court.

      (b) The

defendant’s job placement shall be within the boundaries of the Commonwealth

and shall not require travel outside of the Commonwealth.

      (c) The defendant

shall provide or arrange transportation to and from the employment site in a

lawful manner.

      (d) The

defendant’s employer shall be willing to cooperate with all law enforcement

agencies in the verification of the conditions of the defendant’s work release.

      (2) If the

defendant is paying for a part of his incarceration through court-ordered work

release, it shall be the responsibility of the jailer or designee to notify the

Department. The amount paid by the defendant toward his incarceration shall be

forwarded to the Department on a monthly basis along with the jail housing

bill.

 

      Section 2. The

jailer may deny work release privileges to a defendant for violating any duly

promulgated or adopted rule of the jail governing inmate conduct or work

release including:

      (1) Returning to

the jail under the influence of drugs or alcohol;

      (2) Promoting or

attempting to promote contraband; and

      (3) Failing to

notify the jailer of any change in the status of his employment.

 

      Section 3. Upon

denial of work release privileges, a written report shall be completed stating

the reasons for the suspension of these privileges and citing the rule or

regulation that has been violated.

      (1) The jailer

shall provide a copy of the report to the defendant within twenty-four (24)

hours.

      (2) The jailer

shall file the report and supporting documentation with the court of

jurisdiction within the time specified in KRS 533.010(13). (25 Ky.R. 713; Am.

1355; eff. 12-17-98; 34 Ky.R. 1168; 1955; eff. 3-7-2008; 37 Ky.R. 2935; eff.

10-7-11.)