AN ACT relating to crimes and punishments.

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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 533.020 is amended to read as follows: 3
(1) When a person who has been convicted of an offense or who has entered a plea of 4
guilty to an offense is not sentenced to imprisonment, the court shall place him or 5
her on probation if he or she is in need of the supervision, guidance, assistance, or 6
direction that the probation service can provide. Conditions of probation shall be 7
imposed as provided in KRS 533.030, but the court may modify or enlarge the 8
conditions or, if the defendant com mits an additional offense or violates a 9
condition, revoke the sentence at any time prior to the expiration or termination of 10
the period of probation. When setting conditions under this subsection, the court 11
shall not order any defendant to pay incarcerati on costs or any other cost permitted 12
to be ordered under KRS 533.010 or other statute, except restitution and any costs 13
owed to the Department of Corrections, through the circuit clerk. 14
(2) When a person who has been convicted of an offense or who has ente red a plea of 15
guilty to an offense is not sentenced to imprisonment, the court may sentence him 16
or her to probation with an alternative sentence if it is of the opinion that the 17
defendant should conduct himself or herself according to conditions determined by 18
the court and that probationary supervision alone is insufficient. The court may 19
modify or enlarge the conditions or, if the defendant commits an additional offense 20
or violates a condition, revoke the sentence at any time prior to the expiration or 21
termination of the alternative sentence. 22
(3) When a person who has been convicted of an offense or who has entered a plea of 23
guilty to an offense is not sentenced to imprisonment, the court may sentence him 24
or her to conditional discharge if it is of the opin ion that the defendant should 25
conduct himself or herself according to conditions determined by the court but that 26
probationary supervision is inappropriate. Conditions of conditional discharge shall 27
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be imposed as provided in KRS 533.030, but the court may modify or enlarge the 1
conditions or, if the defendant commits an additional offense or violates a 2
condition, revoke the sentence at any time prior to the expiration or termination of 3
the period of conditional discharge. 4
(4) (a) The period of probation, probation with an alternative sentence, or conditional 5
discharge shall be fixed by the court and at any time may be extended or 6
shortened by a duly entered court order or as modified by the Department of 7
Corrections through the application of probation progra m credits under KRS 8
439.268. 9
(b) 1. Any[Such] period of supervision imposed under paragraph (a) of this 10
subsection, with extensions thereof, shall not exceed five (5) years, or 11
the time necessary to complete restitution, whichever is longer, upon 12
conviction of a felony , nor two (2) years, or the time necessary to 13
complete restitution, whichever is longer, upon convict ion of a 14
misdemeanor. 15
2. If a violation of any condition imposed by the court during a period of 16
supervision imposed under paragraph (a) of this subsection is alleged 17
to have occurred within the last sixty (60) days of the period of 18
supervision, the court shall have sixty (60) days after the expiration of 19
the period of supervision imposed under paragraph (a) of this 20
subsection to determine if a violation occurred and the appropriate 21
action for the violation. 22
(c) 1. If a defendant who is subject to a period of supervision under 23
paragraph (a) of this subsection is alleged to have committed a 24
violation of the conditions imposed by the court, and a warrant has 25
been issued by the court based on an allegation of that violation, the 26
time between the issuance of the warrant and the defendant's first 27
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appearance before the court after service of that warrant shall be 1
tolled and not count towards any period of supervision imposed under 2
paragraph (a) of this subsection, unless the court finds that the 3
defendant did not violate any condition imposed by the court. 4
2. The court shall have sixty (60) days after the defendant's first 5
appearance to schedule and complete any proceedings related to an 6
alleged violation described in subparagraph 1. of this section. 7
(d) Upon comple tion of the probationary period, probation with an alternative 8
sentence, or the period of conditional discharge, the defendant shall be 9
deemed finally discharged, provided no warrant issued by the court is pending 10
against him or her, and probation, probati on with an alternative sentence, or 11
conditional discharge has not been revoked. 12
(5) Notwithstanding the fact that a sentence to probation, probation with an alternative 13
sentence, or conditional discharge can subsequently be modified or revoked, a 14
judgment that[which] includes such a sentence shall constitute a final judgment for 15
purposes of appeal. 16