Ky. R. Sup. Ct. 9.020

As amended through March 4, 2024

Rule SCR 9.020 - Requirements of private agency

To receive referrals from the district court, the private agency must agree in writing that it will:

A. be an independent contractor and not an agent, servant, or employee of the court;

B. have no individual or fiduciary financial relationship with a judge of the district in which the agency has been approved to provide services, nor with the judge'S spouse, nor with a minor child of the judge residing within the judge's household;

C. not have as a principal officer, director or trustee, or the spouse of said officer, director or trustee, anyone related by blood or marriage within the third degree of relationship to any judge or the spouse of any judge in the district for which the agency has been approved to provide services;

D. maintain liability insurance in an amount equal to a minimum of $1 million dollars and provide proof thereof to the district court on an annual basis, with copy of same submitted to the Administrative Office of the Courts;

E. accept pro bono referrals from the district court on a proportional basis with all other private probation companies providing approved services to a district court;

F. provide the district court on an annual basis a written schedule of fees to be charged, including a sliding scale fee schedule for indigent defendants based upon the individual's ability to pay, with copy of same submitted to the Administrative Office of the Courts;

G. assess fees in strict conformity with the fee schedule submitted to and approved by the district court;

H. report to the district court on a monthly basis all pro bono cases referred to such agency by the court and whether such agency accepted or rejected the pro bono referral and, if rejected, the reasons for such rejection;

I. maintain accurate and complete accounts of all monies received from the defendant, in accordance with proper accounting practices and procedures, and provide any such accounting upon request by the court;

J. report to the district court, as often as the court requires, on the defendant's progress and compliance with his or her terms of probation or conditional discharge;

K. establish and maintain policies and/or procedures for the confidential receipt and investigation of complaints made by defendants alleging abusive behavior of the agency's employees, agents, or representatives, and provide proof thereof to the district court on an annual basis, with copy of same submitted to the Administrative Office of the Courts;

L. establish and maintain training and/or certification requirements for the agency's employees, agents, or representatives who supervise defendants, and provide proof thereof to the district court on an annual basis, with copy of same submitted to the Administrative Office of the Courts;

M. not prepare, tender, or present warrants, orders, or motions to the district court concerning any defendant under the agency's supervision; and

N. not collect any fines, fees, or court costs for or on behalf of the district court.

Ky. R. Sup. Ct. SCR 9.020

Adopted by Order 99-1, eff. 2/1/2000; amended by Order 2016-9, 12/7/16, eff. 1/1/2017.