Made Parole: Recommended SAP did not include "upon completion of SAP"

Cl10292 · #1 08-08-2020, 05:44 PM

Ok so im new here but my husband is in the pike co jail and he went up for parole and it said parole recommended. But it said substance abuse program recommended and mrt recommended, it did not say parole upon completion of sap. They made him fill out a sap paper and turn it in and also a home placement paper. So my question is since it doesn't say parole upon completion of sap that means he is coming home right? I know how the parole board can be.. His parole letter even has how much restitution he has to pay, no alcohol or drugs and says to follow after care instructions. KRS 439.340(13) is has beside parole recommended. I am just driving myself crazy because his proposed release date is sep, 1st and that would be awful if they tried to make him stay in jail and do his sap.

**patchouli** · #2 08-08-2020, 07:27 PM

Did he see the Board in Aug or July? If July, September 1st would be the right release date

If the Board didn't state to complete SAP before release, I would take that to mean he'll complete it out here.

Welcome to PTO!

**sass4221** · #3 08-08-2020, 08:28 PM

Not so fast, patchouli. Since that statute is included in the paperwork, it does mean parole upon completion. If that statute was not included, then it doesn't mean upon completion. He must complete SAP and the DOC will decide where he completes it.

KRS 439.340(13) (13) When the board grants parole contingent upon completion of a program, the commissioner, or his or her designee, shall determine the most appropriate placement in a program operated by the department or a residential or nonresidential program within the community approved by the department. If the department releases a parolee to a nonresidential program, the department shall release the parolee only if he or she will have appropriate community housing pursuant to KRS
439.3408

Cl10292 · #4 08-08-2020, 08:52 PM

Yes I know but they usually say parole upon completion of sap.. His does not say that, it says parole recommended, substance abuse program recommended, mrt recommended, and how much restitution he has to pay and no drugs or alcohol and follow after care instructions. That's why it confused me.

**patchouli** · #5 08-08-2020, 09:23 PM

That Statute is confusing...it gives 3 different scenarios: SAP in prison; SAP in a Halfway House; and SAP in the community. With covid-19 still hanging around, seems they'd rather he just went home and let his PO recommend a program out here

Cl10292, whatever you find out, one way or the other, would you please let us know? Thanks!

Cl10292 · #6 08-08-2020, 09:30 PM

yes I will let you know, thank you!

**sass4221** · #7 08-20-2020, 10:23 AM

Quote:

Originally Posted by Cl10292

Yes I know but they usually say parole upon completion of sap.. His does not say that, it says parole recommended, substance abuse program recommended, mrt recommended, and how much restitution he has to pay and no drugs or alcohol and follow after care instructions. That's why it confused me.

No, the language of "parole upon completion" is not in the parole paperwork. Instead they check the box next to KRS 439.340(13). So yes, his is based upon completion and it is up to DOC where he will take the program.