533.017 Sentence to local day reporting program

533.017 Sentence to local day reporting program.

(1) As used in this section:

(a) "County jail" means all detention and penal facilities of a county, charter

county, urban-county government, unified local government, or

consolidated local government for adult offenders, together with all its

rehabilitative facilities for adult offenders, including facilities operated by

private agencies under contract with the county, charter county,

urban-county government, unified local government, or consolidated local

government;

(b) "Day reporting program" or "program" means a community-based,

structured sentencing program operated by a county jail that combines

enhanced community supervision with resources and services tailored to

meet identified offender needs; and

(c) "Eligible defendant" means an individual convicted of a misdemeanor or a

Class D felony who is eligible to serve all or part of his or her sentence in

a county jail or who is found in contempt of court and who meets the

intake criteria established by the day reporting program to which the

person would be sentenced.

(2) A court may sentence an eligible defendant as part of an alternative sentencing

plan or as a sentence for contempt to a local day reporting program for a

period of time not longer than the defendant's maximum potential period of

incarceration if:

(a) The program utilizes whenever practicable a validated screening tool

based on criminogenic risk factors to identify an individual's likelihood of

reoffending and his or her treatment needs in determining program

eligibility;

(b) The program has agreed to accept the defendant;

(c) The defendant agrees in writing to comply with the program's written

terms and conditions; and

(d) The defendant, if additionally required by the court or the program to do

so, agrees to be subject to the conditions of electronic monitoring

pursuant to KRS 532.210 to 532.250.

(3) In sentencing a defendant to a day reporting program under this section, a

court may authorize a temporary release from the program for any of the

purposes allowed for the release of a jail prisoner under KRS 439.179.

(4) The day reporting program shall provide a weekly report of all violations of the

program's terms and conditions for each program participant to the sentencing

court, to the prosecutor, and to the defendant in the case. If specified in the

program's written terms and conditions, the program may alter the terms and

conditions of a person's participation in the program in response to that

person's minor breach of the program's terms and conditions.

(5) A court may alter or revoke a defendant's participation in a day reporting

program if written notice of the grounds for alteration or revocation is given to

the defendant and a hearing is conducted at which the defendant is

represented by counsel. Following the hearing, if the court finds that the

defendant has without good cause failed to participate in the program or to

comply with its terms and conditions, the court may impose any additional

sentence or other sanction specified in the original sentencing order.

(6) The Administrative Office of the Courts shall prescribe forms to be utilized in

the implementation of this section.

(7) A day reporting program may be referred to as a day reporting center or other

appropriate nomenclature in its day-to-day operations.