2012 Kentucky Revised Statutes
CHAPTER 533 PROBATION AND CONDITIONAL DISCHARGE
533.030 Conditions of probation and conditional discharge -- Restitution to victim.

Download as PDF 533.030 Conditions of probation and conditional discharge -- Restitution to victim. (1) (2) (3) The conditions of probation and conditional discharge shall be such as the court, in its discretion, deems reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so. The court shall provide as an explicit condition of every sentence to probation or conditional discharge that the defendant not commit another offense during the period for which the sentence remains subject to revocation. When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (a) Avoid injurious or vicious habits; (b) Avoid persons or places of disreputable or harmful character; (c) Work faithfully at suitable employment as far as possible; (d) Undergo available medical or psychiatric treatment and remain in a specific institution as required for that purpose; (e) Post a bond, without surety, conditioned on performance of any of the prescribed conditions; (f) Support his dependents and meet other family responsibilities; (g) Pay the cost of the proceeding as set by the court; (h) Remain within a specified area; (i) Report to the probation officer as directed; (j) Permit the probation officer to visit him at his home or elsewhere; (k) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment; (l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court; and (m) During all or part of the period of probation or conditional discharge, participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67.374 under the same terms and conditions as provided in KRS 431.517. When imposing a sentence of probation or conditional discharge in a case where a victim of a crime has suffered monetary damage as a result of the crime due to his property having been converted, stolen, or unlawfully obtained, or its value substantially decreased as a result of the crime, or where the victim suffered actual medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of the crime, or where the victim incurred expenses in relocating for the purpose of the victim's safety or the safety of a member of the victim's household, or if as a direct (4) (5) result of the crime the victim incurred medical expenses that were paid by the Cabinet for Health and Family Services, the Crime Victims Compensation Board, or any other governmental entity, the court shall order the defendant to make restitution in addition to any other penalty provided for the commission of the offense. Payment of restitution to the victim shall have priority over payment of restitution to any government agency. Restitution shall be ordered in the full amount of the damages, unless the damages exceed one hundred thousand dollars ($100,000) or twice the amount of the gain from the commission of the offense, whichever is greater, in which case the higher of these two (2) amounts shall be awarded. The court may, in lieu of ordering monetary restitution, order the defendant to make restitution by working for or on behalf of the victim. The court shall determine the number of hours of work necessary by applying the thenprevailing federal minimum wage to the total amount of monetary damage caused by or incidental to the commission of the crime. The court may, with the consent of the agency, order the defendant to work as specified in KRS 533.070. Any work ordered pursuant to this section shall not be deemed employment for any purpose, nor shall the person performing the work be deemed an employee for any purpose. Where there is more than one (1) defendant or more than one (1) victim, restitution may be apportioned. Restitution shall be subject to the following additional terms and conditions: (a) Where property which is unlawfully in the possession of the defendant is in substantially undamaged condition from its condition at the time of the taking, return of the property shall be ordered in lieu of monetary restitution; (b) The circuit clerk shall assess an additional fee of five percent (5%) to defray the administrative costs of collection of payments or property. This fee shall be paid by the defendant and shall inure to a trust and agency account which shall not lapse and which shall be used to hire additional deputy clerks and office personnel or increase deputy clerk or office personnel salaries, or combination thereof; (c) When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court; and (d) An order of restitution shall not preclude the owner of property or the victim who suffered personal physical or mental injury or out-of-pocket loss of earnings or support or other damages from proceeding in a civil action to recover damages from the defendant. A civil verdict shall be reduced by the amount paid under the criminal restitution order. When requiring fees for controlled substances or alcohol tests, or other fees and payments authorized by this section or other statute, except restitution, to be paid by the defendant, the court shall not order the payments to be paid through the circuit clerk. When a defendant is sentenced to probation or conditional discharge, he shall be given a written statement explicitly setting forth the conditions under which he is (6) being released. When imposing a sentence of probation or conditional discharge, the court, in addition to conditions imposed under this section, may require as a condition of the sentence that the defendant submit to a period of imprisonment in the county jail or to a period of home incarceration at whatever time or intervals, consecutive or nonconsecutive, the court shall determine. The time actually spent in confinement or home incarceration pursuant to this provision shall not exceed twelve (12) months or the maximum term of imprisonment assessed pursuant to KRS Chapter 532, whichever is the shorter. Time spent in confinement or home incarceration under this subsection shall be credited against the maximum term of imprisonment assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional discharge is revoked and the defendant is sentenced to imprisonment. Any prohibitions against probation, shock probation, or conditional discharge under KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor or Class D felony and sentenced to a period of confinement or home incarceration under this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 170, sec. 15, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 48, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 658, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 183, sec. 37, effective August 1, 2002. -- Amended 1998 Ky. Acts ch. 336, sec. 1, effective July 15, 1998; ch. 426, sec. 610, effective July 15, 1998; and ch. 606, sec. 49, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 412, sec. 5, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 59, sec. 7, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 459, sec. 3, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 243, sec. 7, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 317, sec. 1, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 287, effective January 1, 1975.