.267   Shock probation in misdemeanor convictions -- Procedure -- Exercise of authority -- Availability for sexual offenders.

Code Resources

Kentucky Resources
Kentucky Website
Kentucky Governor
Kentucky Legislature
Kentucky Courts

Search this Code
in Google Scholar

on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search

in the News
Google News Search
Google News Archive Search
Yahoo! News Search

in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search

in other Databases
Google Book Search

439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of
authority -- Availability for sexual offenders.
(1)
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.
(2)
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.
(3)
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.
(4)
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 Mental Health and Mental Retardation Services. 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 15, 1994
History: Amended 1994 Ky. Acts ch. 94, sec. 2, effective July 15, 1994. -- Created
1982 Ky. Acts ch. 153, sec. 1, effective July 15, 1982.
Page 1 of 1