Download as PDF
533.020 Probation and conditional discharge.
(1)
(2)
(3)
(4)
(5)
When a person who has been convicted of an offense or who has entered a
plea of guilty to an offense is not sentenced to imprisonment, the court shall
place him on probation if he is in need of the supervision, guidance,
assistance, or direction that the probation service can provide. Conditions of
probation shall be imposed as provided in KRS 533.030, but the court may
modify or enlarge the conditions or, if the defendant commits an additional
offense or violates a condition, revoke the sentence at any time prior to the
expiration or termination of the period of probation. When setting conditions
under this subsection, the court shall not order any defendant to pay
incarceration costs or any other cost permitted to be ordered under KRS
533.010 or other statute, except restitution and any costs owed to the
Department of Corrections, through the circuit clerk.
When a person who has been convicted of an offense or who has entered a
plea of guilty to an offense is not sentenced to imprisonment, the court may
sentence him to probation with an alternative sentence if it is of the opinion that
the defendant should conduct himself according to conditions determined by
the court and that probationary supervision alone is insufficient. The court may
modify or enlarge the conditions or, if the defendant commits an additional
offense or violates a condition, revoke the sentence at any time prior to the
expiration or termination of the alternative sentence.
When a person who has been convicted of an offense or who has entered a
plea of guilty to an offense is not sentenced to imprisonment, the court may
sentence him to conditional discharge if it is of the opinion that the defendant
should conduct himself according to conditions determined by the court but that
probationary supervision is inappropriate. Conditions of conditional discharge
shall be imposed as provided in KRS 533.030, but the court may modify or
enlarge the conditions or, if the defendant commits an additional offense or
violates a condition, revoke the sentence at any time prior to the expiration or
termination of the period of conditional discharge.
The period of probation, probation with an alternative sentence, or conditional
discharge shall be fixed by the court and at any time may be extended or
shortened by duly entered court order. Such period, with extensions thereof,
shall not exceed five (5) years, or the time necessary to complete restitution,
whichever is longer, upon conviction of a felony nor two (2) years, or the time
necessary to complete restitution, whichever is longer, upon conviction of a
misdemeanor. Upon completion of the probationary period, probation with an
alternative sentence, or the period of conditional discharge, the defendant shall
be deemed finally discharged, provided no warrant issued by the court is
pending against him, and probation, probation with an alternative sentence, or
conditional discharge has not been revoked.
Notwithstanding the fact that a sentence to probation, probation with an
alternative sentence, or conditional discharge can subsequently be modified or
revoked, a judgment which includes such a sentence shall constitute a final
judgment for purposes of appeal.
Effective:August 1, 2002
History: Amended 2002 Ky. Acts ch. 183, sec. 36, effective August 1, 2002. --
Amended 1998 Ky. Acts ch. 606, sec. 48, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 497, sec. 5, effective July 13, 1990. -- Created 1974 Ky. Acts
ch. 406, sec. 286, effective January 1, 1975.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.