Sec. 12.13.03.05. Denial of Earned Compliance Credits

A. An agent or monitor shall disqualify a supervised individual from receiving the monthly ECC if, during that month, the supervised individual:

(1) Was noncompliant with a condition of supervision;

(2) Was arrested, summoned, or indicted on a statement of charges;

(3) Committed a violation of a criminal prohibition other than a minor traffic offense;

(4) Committed a violation of a no contact or stay-away order; or

(5) Absconded from supervision.

B. If a supervised individual is denied ECC during a calendar month, the agent or monitor shall:

(1) Document the type of noncompliance committed;

(2) Document the denial of ECC during the calendar month;

(3) Notify the supervised individual in writing of the failure to earn ECC; and

(4) Encourage the supervised individual to comply with the terms and conditions of supervision release.

C. The agent or monitor shall retroactively award the denied ECC to the supervised individual if the sentencing court or the Parole Commission finds that the supervised individual was in compliance for an allegedact of noncompliance that led to a denial of ECC under §§A and B of this regulation.

D. If an agent or monitor’s denial of ECC is based on a failure of the supervised individual to make payment on a court-ordered financial obligation for a period exceeding 60 days, the supervised individual shall be retroactively awarded the denied ECC if:

(1) The supervised individual satisfies the payment obligation within 60 days; or

(2) The Court waives the supervised individual’s payment obligation.