| This is an unofficial posting of the Kentucky Revised Statutes. No guarantee they are current. |
| Shock Probation, RCC, Roederer, Northpoint, KSR, Kentucky State
Reformatory, Blackburn, Eastern Correctional, Luther Luckett, Marion Adjustment Center, KCPC, Kentucky Correctional Institute for Women, Boot Camp, Class D, Community Service, Lee Adjustment Center, Kentucky, Eddieville, Kentucky - Louisville, Kentucky located in Old Louisville one mile from downtown Louisville and the Hall of Justice. |
439.265 SHOCK PROBATION IN FELONY
CONVICTION; PROCEDURE; NONAVAILABILITY FOR VIOLENT OFFENDERS AND SEXUAL
OFFENDERS; COMPREHENSIVE SEX OFFENDER PRESENTENCE EVALUATION; EXERCISE OF
AUTHORITY
(1) Subject
to the provisions of KRS Chapter 439 and Chapters 500 to
534, any Circuit Court may, upon motion of the defendant made not earlier
than thirty (30) days nor later than one hundred eighty (180) days after the
defendant has been incarcerated in a county jail following his conviction and
sentencing pending delivery to the institution to which he has been sentenced,
or 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 the court determines. Time spent on any form of release following
conviction shall not count toward time required under this section.
(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) (a)
During the period in which the defendant may file a motion pursuant to this
statute, the sentencing judge, within his or her discretion, may order that the
defendant be held in a local detention facility that is not at or above maximum
capacity until such time as the court rules on said motion. During this period
of detention, and prior to the court's ruling on said motion, the court may
require the defendant to participate in any approved community work program or
other forms of work release. Persons held in the county jail pursuant to this
subsection shall not be subject to transfer to a state correctional facility
until the decision is made not to place the petitioner on shock probation.
(b) The provisions concerning community work programs or other forms of
work release shall apply only to persons convicted of Class C or Class D
felonies, and may be granted only after a hearing at which the Commonwealth's
attorney has the opportunity to present arguments in favor or opposition
thereto.
(4) If the
defendant is a violent offender as defined in KRS 439.3401, the sentence shall not be
probated under this section.
(5) If the
defendant has been convicted of an offense under KRS 510.050,
510.080, 530.020,
530.064, or 531.310,
or criminal attempt to commit any of these offenses under KRS 506.010,
the sentence shall not be suspended, in accordance with KRS 532.045.
(6) When a
defendant has been convicted of a sex crime, as defined in KRS
17.500, the court shall order a comprehensive sex
offender presentence evaluation, unless one has been provided within the past
six (6) months, in which case the court may order an update of the comprehensive
sex offender presentence evaluation of the defendant conducted by the sex
offender treatment program operated or approved by the Department of
Corrections or the Sex Offender Risk Assessment Advisory Board. The
comprehensive sex offender presentence 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.
(7) 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 such 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.
|
|
| THIS IS AN ADVERTISEMENT |