501 KAR 2:070. Work release.
RELATES TO: KRS
AUTHORITY: KRS 196.035, 197.020, 533.010(14)
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
(a) The defendant
granted work privileges shall have a suitable job placement, at a lawful wage,
as approved by the sentencing court.
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
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
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
(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)
(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.