2016 Kentucky Revised Statutes CHAPTER 439 - PROBATION AND PAROLE .267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of authority -- Availability for sexual offenders.
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439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of
authority -- Availability for sexual offenders.
(1)
(2)
(3)
(4)
Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District
Court, or any Circuit Court with respect to a defendant convicted in Circuit Court of
a misdemeanor, may, upon motion of the defendant made not earlier than thirty (30)
days after the defendant has been delivered to the keeper of the institution to which
he has been sentenced, suspend the further execution of the sentence and place the
defendant on probation upon terms as the court determines.
The court shall consider any motion filed in accordance with subsection (1) of this
section within sixty (60) days of the filing date of that motion, and shall enter its
ruling within ten (10) days after considering the motion. The defendant may, in the
discretion of the trial court, have the right to a hearing on any motion he may file, or
have filed for him, that would suspend further execution of sentence. Any court
order granting or denying a motion to suspend further execution of sentence is not
reviewable.
The authority granted in this section shall be exercised by the judge who imposed
sentence on the defendant, unless he is unable to act and it appears that his inability
to act should continue beyond the expiration of the term of the court. In this case,
the judge who imposed sentence shall assign a judge to dispose of a motion filed
under this section, or as prescribed by the rules and practices concerning the
responsibility for disposition of criminal matters.
If the defendant has been convicted of a misdemeanor offense under KRS Chapter
510, or criminal attempt to commit any of these offenses under KRS 506.010, prior
to considering the motion to suspend the sentence, the court may, for a
misdemeanor offense specified herein, and shall, for any felony offense specified in
this subsection order an evaluation of the defendant to be conducted by the sex
offender treatment program operated or approved by the Department of Corrections
or the Department for Behavioral Health, Developmental and Intellectual
Disabilities. The evaluation shall provide to the court a recommendation related to
the risk of a repeat offense by the defendant and the defendant's amenability to
treatment, and shall be considered by the court in determining whether to suspend
the sentence. If the court suspends the sentence and places the defendant on
probation, the provisions of KRS 532.045(3) to (7) shall apply.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 117, effective July 12, 2012; and ch.
158, sec. 75, effective July 12, 2012. -- Amended 1994 Ky. Acts ch. 94, sec. 2,
effective July 15, 1994. -- Created 1982 Ky. Acts ch. 153, sec. 1, effective July 15,
1982.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been
codified together.
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