Ky. R. Sup. Ct. 9.030

As amended through March 4, 2024
Rule SCR 9.030 - Requirements of district court in referring a convicted offender to a private agency

When utilizing a private agency for probation monitoring, the district court must:

A. assure the private agency has no discretion as to the terms or conditions of probation, including, but not limited to the condition of or the amount of restitution;
B. assure the private agency shall not collect any fines, fees, or court costs for the district court;
C. approve all fees to be charged by the private agency, and assure all fees actually charged comply with the approved schedule of fees submitted to the district court;
D. advise the defendant. in accordance with KRS 439.315(7), of his or her right during the pendency of the defendant's probation or conditional discharge to petition the court to modify or vacate its previous judgment or order on the grounds of change of circumstances with regard to the defendant's ability to pay the fee charged by the agency;
E. assure that no defendant's probation is revoked due to nonpayment of the fee charged by the agency unless, in accordance with KRS 439.315(4), the court has held a hearing to determine why the fee has not been paid. Failure without good cause to pay the fee shall be grounds for the revocation of probation; however, the inability to pay the fee does not constitute good cause, and probation shall not be revoked based solely on the defendant's inability to pay;
F. assure the private agency and its employees, agents, or representatives shall not prepare, tender, or present warrants, orders, or motions to the district court concerning any defendant under the agency's supervision;
G. assure no employee of the private agency is seated inside the bar within the courtroom;
H. assure the terms of probation or conditional discharge are clearly stated on the court's docket or other forms provided by the Administrative Office of the Courts and not on forms provided by the private agency;
I. assign pro bono cases proportionately to all private agencies approved by the district court to provide services to the court;
J. assure that all private agencies 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;
K. keep and, with appropriate redactions, make available upon written request all records and supporting documentation provided by the private agency to the district court pursuant to SCR 9.020; and
L. maintain a list of all private probation monitoring agencies in the district that have met the requirements of this rule.

Ky. R. Sup. Ct. SCR 9.030

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