SB 193

UNOFFICIAL COPY  26 RS SB 193/GA
1AN ACT relating to crimes and punishments.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 533.020 is amended to read as follows:
4 (1)     When a person who has been convicted of an offense or who has entered a plea of
5guilty to an offense is not sentenced to imprisonment, the court shall place him or
6her on probation if he or she is in need of the supervision, guidance, assistance, or
7direction that the probation service can provide. Conditions of probation shall be
8imposed as provided in KRS 533.030, but the court may modify or enlarge the
9conditions or, if the defendant commits an additional offense or violates a
10condition, revoke the sentence at any time prior to the expiration or termination of
11the period of probation. When setting conditions under this subsection, the court
12shall not order any defendant to pay incarceration costs or any other cost permitted
13to be ordered under KRS 533.010 or other statute, except restitution and any costs
14owed to the Department of Corrections, through the circuit clerk.
15 (2)     When a person who has been convicted of an offense or who has entered a plea of
16guilty to an offense is not sentenced to imprisonment, the court may sentence him
17or her to probation with an alternative sentence if it is of the opinion that the
18defendant should conduct himself or herself according to conditions determined by
19the court and that probationary supervision alone is insufficient. The court may
20modify or enlarge the conditions or, if the defendant commits an additional offense
21or violates a condition, revoke the sentence at any time prior to the expiration or
22termination of the alternative sentence.
23 (3)     When a person who has been convicted of an offense or who has entered a plea of
24guilty to an offense is not sentenced to imprisonment, the court may sentence him
25or her to conditional discharge if it is of the opinion that the defendant should
26conduct himself or herself according to conditions determined by the court but that
27probationary supervision is inappropriate. Conditions of conditional discharge shall
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1be imposed as provided in KRS 533.030, but the court may modify or enlarge the
2conditions or, if the defendant commits an additional offense or violates a
3condition, revoke the sentence at any time prior to the expiration or termination of
4the period of conditional discharge.
5 (4)     (a)     The period of probation, probation with an alternative sentence, or conditional
6discharge shall be fixed by the court and at any time may be extended or
7shortened by a duly entered court order or as modified by the Department of
8Corrections through the application of probation program credits under KRS
9439.268.
10(b)     1.      Any[Such] period of supervision imposed under paragraph (a) of this
11subsection, with extensions thereof, shall not exceed five (5) years, or
12the time necessary to complete restitution, whichever is longer, upon
13conviction of a felony, nor two (2) years, or the time necessary to
14complete restitution, whichever is longer, upon conviction of a
15misdemeanor.
162.      If a violation of any condition imposed by the court during a period of
17supervision imposed under paragraph (a) of this subsection is alleged
18to have occurred within the last sixty (60) days of the period of
19supervision, the court shall have sixty (60) days after the expiration of
20the period of supervision imposed under paragraph (a) of this
21subsection to determine if a violation occurred and the appropriate
22action for the violation.
23(c)     1.      If a defendant who is subject to a period of supervision under
24paragraph (a) of this subsection is alleged to have committed a
25violation of the conditions imposed by the court, and a warrant has
26been issued by the court based on an allegation of that violation, the
27time between the issuance of the warrant and the defendant's first
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1appearance before the court after service of that warrant shall be
2tolled and not count towards any period of supervision imposed under
3paragraph (a) of this subsection, unless the court finds that the
4defendant did not violate any condition imposed by the court.
52.      The court shall have sixty (60) days after the defendant's first
6appearance to schedule and complete any proceedings related to an
7alleged violation described in subparagraph 1. of this section.
8(d)     Upon completion of the probationary period, probation with an alternative
9sentence, or the period of conditional discharge, the defendant shall be
10deemed finally discharged, provided no warrant issued by the court is pending
11against him or her, and probation, probation with an alternative sentence, or
12conditional discharge has not been revoked.
13 (5)     Notwithstanding the fact that a sentence to probation, probation with an alternative
14sentence, or conditional discharge can subsequently be modified or revoked, a
15judgment that[which] includes such a sentence shall constitute a final judgment for
16purposes of appeal.
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