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CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION

KRS tit. L, ch. 532
in effect

KRS 532.005 Chapters 532, 533 and 534 to apply to crimes outside provisions of the Penal Code

532.005. Chapters 532, 533 and 534 to apply to crimes outside provisions of the Penal Code KRS Chapters 532, 533 and 534 apply to all classes of crimes committed outside the provisions of the Penal Code. Effective: June 19, 1976 History: Created 1976 Ky. Acts ch. 183, sec. 6, effective June 19, 1976.

KRS 532.007 Commonwealth's sentencing policy

532.007. Commonwealth's sentencing policy It is the sentencing policy of the Commonwealth of Kentucky that: (1) The primary objective of sentencing shall be to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced; (2) Reduction of recidivism and criminal behavior is a key measure of the performance of the criminal justice system; (3) Sentencing judges shall consider: (a) Beginning July 1, 2013, the results of a defendant's risk and needs assessment included in the presentence investigation; and (b) The likely impact of a potential sentence on the reduction of the defendant's potential future criminal behavior; (4) All supervision and treatment programs provided for defendants shall utilize evidence-based practices to reduce the likelihood of future criminal behavior; and (5) All supervision and treatment programs shall be evaluated at regular intervals to measure and ensure reduction of criminal behavior by defendants in the criminal justice system. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 1, effective June 8, 2011.

KRS 532.010 Classification of offenses

532.010. Classification of offenses Felonies are classified, for the purpose of sentencing, into five categories: (1) Capital offenses; (2) Class A felonies; (3) Class B felonies; (4) Class C felonies; and (5) Class D felonies. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 273, effective January 1, 1975.

KRS 532.020 Designation of offenses

532.020. Designation of offenses (1) Any offense defined outside this code for which a law outside this code provides a sentence to a term of imprisonment in the state for: (a) At least one (1) but not more than five (5) years shall be deemed a Class D felony; (b) At least five (5) but not more than ten (10) years shall be deemed a Class C felony; (c) At least ten (10) but not more than twenty (20) years shall be deemed a Class B felony; (d) For at least twenty (20) but not more than fifty (50) years or for life shall be deemed a Class A felony. (2) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum which falls between ninety (90) days and twelve (12) months shall be deemed a Class A misdemeanor. (3) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum of less than ninety (90) days shall be deemed a Class B misdemeanor. (4) Any offense defined outside this code for which a law outside this code provides a sentence to a fine only or to any other punishment, whether in combination with a fine or not, other than death or imprisonment shall be deemed a violation. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 74, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 309, sec. 5, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 2, effective December 22, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 274, effective January 1, 1975.

KRS 532.025 Presentence hearings -- Use of juvenile court records -- Aggravating or mitigating circumstances -- Instructions to jury

532.025. Presentence hearings -- Use of juvenile court records -- Aggravating or mitigating circumstances -- Instructions to jury (1) (a) Upon conviction of a defendant in cases where the death penalty may be imposed, a hearing shall be conducted. In such hearing, the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant, or the absence o f any prior conviction and pleas; provided, however, that only such evidence in aggravation as the state has made known to the defendant prior to his or her trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile court records of adjudications of guilt of a child for an offense that would be a felony if committed by an adult shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial and may be used during the sentencing phase of a criminal trial; however, the fact that a juvenile has been adjudicated delinquent of an offense that would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or IV-B of the Federal Social Security Act is also prohibited. The judge shall also hear argument by t he defendant or his or her counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument. In cases in which the death penalty may be imposed, the judge when sitting without a jury shall follow the additional procedure provided in subsection (2) of this section. Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence within the limits prescribed by law. If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. (b) In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided in paragraph (a) of this subsection, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in subsection (2) of this section, exist and to recommend a sentence for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. (2) In all cases of offenses for which the death penalty may be authorized, the judge shall consider, or include in his or her instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating or mitigating circumstances which may be supported by the evidence: (a) Aggravating circumstances: 1. The offense of murder or kidnapping was committed by a person with a prior record of conviction for a capital offense, or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convictions; 2. The offense of murder or kidnapping was committed while the offender was engaged in the commission of arson in the first degree, robbery in the first degree, burglary in the first degree, rape in the first degree, or sodomy in the first degree; 3. The offender by his or her act of murder, armed robbery, or kidnapping knowingly created a great risk of death to more than one (1) person in a public place by means of a weapon of mass destruction, weapon, or other device which would normally be hazardous to the lives of more than one (1) person; 4. The offender committed the offense of murder for himself, herself, or another, for the purpose of receiving money or any other thing of monetary value, or for other profit; 5. The offense of murder was committed by a person who was a prisoner and the victim was a prison employee engaged at the time of the act in the performance of his or her duties; 6. The offender's act or acts of killing were intentional and resulted in multiple deaths; 7. The offender's act of killing was intentional and the victim was: a. A state or local public official; or b. A first responder, as defined in KRS 507.070; 8. The offender murdered the victim when an emergency protective order or a domestic violence order was in effect, or when any other order designed to protect the vict im from the offender, such as an order issued as a condition of a bond, conditional release, probation, parole, or pretrial diversion, was in effect; and 9. The offender's act of killing was intentional and resulted in the death of a child under twelve (12) years old. (b) Mitigating circumstances: 1. The defendant has no significant history of prior criminal activity; 2. The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance even though the influence of extreme mental or emotional disturbance is not sufficient to constitute a defense to the crime; 3. The victim was a participant in the defendant's criminal conduct or consented to the criminal act; 4. The capital offense was committed under circumstances which the defendant believed to provide a moral justification or extenuation for his or her conduct even though the circumstances which the defendant believed to provide a moral justification or extenuation for his or her conduct are not sufficient to constitute a defense to the crime; 5. The defendant was an accomplice in a capital offense committed by another person and his or her participation in the capital offense was relatively minor; 6. The defendant acted under duress or under the domination of another person even though the duress or the domination of another person is not sufficient to constitute a defense to the crime; 7. At the time of the capital offense, the capacity of the defendant to appreciate the criminality of his or her conduct to the requirements of law was impaired as a result of mental illness or an intellectual disability or intoxication even though the impairment of the capacity of the defendant to appreciate the criminality of his or her conduct or to conform the conduct to the requirements of law is insufficient to constitute a defense to the crime; and 8. The youth of the defendant at the time of the crime. (3) The instructions as determined by the trial judge to be warranted by the evidence or as required by KRS 532.030(4) shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, or imprisonment for life without benefit of probation or parole, or imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his or her sentence, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases, the judge shall make such designation. In all cases unless at least one (1) of the statutory aggravating circumstances enumerated in subsection (2) of this section is so found, the death penalty, or imprisonment for life without benefit of probation or parole, or the sentence to imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his or her sentence, shall not be imposed. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 27, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 96, sec. 1, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 146, sec. 132, effective July 12, 2012. -- Amended 2001 Ky. Acts ch. 113, sec. 8, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 606, sec. 72, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 7, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 283, sec. 16, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 358, sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 110, sec. 1, effective July 13, 1984. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 2, effective December 22, 1976. Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 96, sec. 2, provides that subsection (2)(a)9. of this statute may be cited as Kimber’s Law.

KRS 532.029 Persistent violent felony offender sentencing

532.029. Persistent violent felony offender sentencing (1) As used in this section, "violent felony" means a felony that would classify a person as a violent offender under KRS 439.3401. (2) Notwithstanding any other provision of this chapter, a person convicted of a violent felony who has previously been convicted of two (2) separate violent felonies shall be sentenced to: (a) A term of imprisonment for life without benefit of probation or parole, if the felony is not a capital offense; or (b) Death, or a term of imprisonment for life without benefit of probation or parole, if the felony is a capital offense. (3) For the purpose of determining whether a person has two (2) or more separate violent felony convictions, two (2) or more convictions for which the person served concurrent or uninterrupted consecutive terms of imprisonment shall be deemed to be only one (1) conviction, unless one (1) of the convictions was for an offense committed while that person was imprisoned. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 174, sec. 1, effective July 15, 2024.

KRS 532.030 Authorized dispositions -- Generally -- Instructions by judge

532.030. Authorized dispositions -- Generally -- Instructions by judge (1) When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life without benefit of probation or parole, or at a term of imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence, or to a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years. (2) When a person is convicted of a Class A felony, he shall have his punishment fixed at imprisonment in accordance with KRS 532.060. (3) When a person is convicted of an offense other than a capital offense or Class A felony, he shall have his punishment fixed at: (a) A term of imprisonment authorized by this chapter; or (b) A fine authorized by KRS Chapter 534; or (c) Both imprisonment and a fine unless precluded by the provisions of KRS Chapter 534. (4) In all cases in which the death penalty may be authorized the judge shall instruct the jury in accordance with subsection (1) of this section. The instructions shall state, subject to the aggravating and mitigating limitations and requirements of KRS 532.025, that the jury may recommend upon a conviction for a capital offense a sentence of death, or at a term of imprisonment for life without benefit of probation or parole, or a term of imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, or a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 71, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 110, sec. 2, effective July 13, 1984. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 3, effective December 22, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 275, effective January 1, 1975.

KRS 532.031 Hate crimes -- Finding -- Effect -- Definitions

532.031. Hate crimes -- Finding -- Effect -- Definitions (1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals or because of a person's actual or perceived employment as a state, city, county, or federal peace officer, member of an organized fire department, or emergency medical services personnel, violates a provision of any one (1) of the following: (a) KRS 508.010, 508.020, 508.025, or 508.030; (b) KRS 508.050 or 508.060; (c) KRS 508.100 or 508.110; (d) KRS 509.020; (e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 510.110; (f) KRS 512.020, 512.050, or 512.060; (g) KRS 513.020, 513.030, or 513.040; or (h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080. (2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant. (3) The finding that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the sentencing judge as the sole factor for denial of probation, shock probation, conditional discharge, or other form of nonimposition of a sentence of incarceration. (4) The finding by the sentencing judge that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the Parole Board in delaying or denying parole to a defendant. (5) As used in this section: (a) "Emergency medical services personnel" has the same meaning as in KRS 311A.010; and (b) "Member of an organized fire department, or emergency medical services personnel" includes volunteers, if the violation occurs while the volunteer is performing duties with an organized fire department or as emergency medical services personnel. Effective: June 29, 2017 History: Amended 2017 Ky. Acts ch. 27, sec. 1, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 541, sec. 6, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 51, effective July 15, 1998.

KRS 532.032 Restitution

532.032. Restitution (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition. (2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement. (3) If probation, shock probation, conditional discharge, or other alternative sentence is granted, restitution shall be a condition of the sentence. (4) If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole. (5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 30, effective August 1, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 45, effective July 15, 1998.

KRS 532.033 Order of restitution

532.033. Order of restitution When a judge orders restitution, the judge shall: (1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court; (2) Be responsible for overseeing the collection of restitution; (3) Set the amount of restitution to be paid; (4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum; (5) Monitor the payment of the restitution to assure that payment is being made; (6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid; (7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and (8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 46, effective July 15, 1998.

KRS 532.034 Restitution for financial loss resulting from theft of identity or trafficking in stolen identities

532.034. Restitution for financial loss resulting from theft of identity or trafficking in stolen identities (1) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of the violation. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees. (2) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall pay restitution to the person or entity that suffers the financial loss. In addition to the financial loss detailed in subsection (1) of this section, the person or entity may include a financial institution, insurance company, or bonding association that suffers direct financial loss as a result of the violation. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 175, sec. 10, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 174, sec. 4, effective July 14, 2000.

KRS 532.035 Repealed, 1984

532.035. Repealed, 1984 Catchline at repeal: Sentence for capital offense. History: Repealed 1984 Ky. Acts ch. 110, sec. 3, effective July 13, 1984. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 4, effective December 22, 1976.

KRS 532.036 Financial support of child or dependent if death or disability is caused by driving under the influence or murder of a first responder -- Amount -- Clerk as trustee -- Incarcerated defendant -- Payments to continue until arrearage is paid -- Effect of civil action

532.036. Financial support of child or dependent if death or disability is caused by driving under the influence or murder of a first responder -- Amount -- Clerk as trustee -- Incarcerated defendant -- Payments to continue until arrearage is paid -- Effect of civil action (1) As used in this section: (a) "Disabled": 1. Means a legal disability as is measured by functional inabilities; and 2. Includes inabilities caused by psychological, psychiatric, or stress - related trauma, and refers to any per son seventeen (17) years of age or older who is unable to make informed decisions with respect to his or her personal affairs to the extent that he or she lacks the capacity to provide for his or her physical health and safety or the physical health and safety of a minor child, including but not limited to health care, food, shelter, clothing, or personal hygiene; and (b) "Totally and permanently disabled": 1. Means the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months; and 2. Includes a finding of permanent total disability by the Social Securi ty Administration that a person is disabled and qualifies for benefits or a finding by an administrative law judge under KRS Chapter 342. (2) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a violation of KRS 189A.010 or 507.070, or an attempt to commit a violation of KRS 507.070, and the violation caused the death of a parent or guardian of a minor child or dependent or resulted in a finding by the court that a parent or guardian of a minor child or dependent is disabled or tota lly and permanently disabled, then the sentencing court may order the defendant to pay restitution in the form of financial support for the child or dependent to each child or dependent of the victim until the child or dependent reaches: 1. Eighteen (18) years of age; or 2. Nineteen (19) years of age if the child or dependent is still enrolled in high school. (b) In determining an amount that is reasonable and necessary for the financial support of the victim's child or dependent, the court s hall consider all relevant factors, including the: 1. Financial needs and resources of the child or dependent; 2. Financial resources and needs of the surviving parent or guardian of the child or dependent; 3. Standard of living to which the child or depen dent is accustomed; 4. Physical and emotional condition of the child or dependent and the child's or dependent's educational needs; 5. Child's or dependent's physical and legal custody arrangements; and 6. Reasonable child care expenses of the surviving parent or guardian. (3) The court shall order that payments made to financially support the child or dependent be made to the clerk of court as trustee for remittance to the child or dependent's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within three (3) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt. (4) If a defendant who is ordered to pay restitution in the form of financial support for the child or dependent under this section is incarcerated and unable to pay the required restitution, the defendant shall have up to one (1) year after the release from incarceration to begin payment, including entering into a payment plan to address any arrearage. (5) If a defendant's payments to financially support the child or dependent are set to terminate but the defendant's obligation is not paid in full, the payments to financially support the child or dependent shall continue until the entire arrearage is paid. (6) (a) If the surviving parent or guardian of the child or dependent brings a civil action against the defendant before the sentencing court orders restitution to financially support the child or dependent and the surviving parent or guardian obtains a judgment and full satisfaction of damages in the civil suit, restitution shall not be ordered under this section. (b) If the court orders the defendant to pay restitution to financially support the child or dependent under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the restitution order shall be offset by the amount of the judgment awarded and paid by the defendant or the defendant's insurance for lost wages or permanent impairment of the power to work and earn money in the civil action. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 28, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 174, sec. 1, effective June 29, 2023. Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 174, sec. 2, provides that this statute may be cited as Melanie's Law.

KRS 532.040 Probation and conditional discharge

532.040. Probation and conditional discharge When a person is convicted of an offense, other than a capital offense or having been designated a violent offender as defined in KRS 439.3401, the court, where authorized by KRS Chapter 533 and where not prohibited by other provisions of applicable law, may sentence such person to a period of probation or to a period of conditional discharge as provided in that chapter. A sentence to probation or conditional discharge shall be deemed a tentative one to the extent that it may be altered or revoked in accordance with KRS Chapter 533, but for purposes of appeal shall be deemed to be a final judgment of conviction. In any case where the court imposes a sentence of probation or conditional discharge, it may also impose a fine as authorized by KRS Chapter 534. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 401, sec. 7, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 382, sec. 22, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406, sec. 276, effective January 1, 1975.

KRS 532.043 Requirement of postincarceration supervision for certain felonies

532.043. Requirement of postincarceration supervision for certain felonies (1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or 531.320 shall be subject to a period of postincarceration supervision following release from: (a) Incarceration upon expiration of sentence; or (b) Completion of parole. (2) The period of postincarceration supervision shall be five (5) years. (3) During the period of postincarceration supervision, the defendant shall: (a) Be subject to all orders specified by the Department of Corrections; and (b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections. (4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board. (5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole. Notice of the violation shall be sent to the Parole Board to determine whether probable cause exists to revoke the defendant's postincarceration supervision and reincarcerate the defendant as set forth in KRS 532.060. (6) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea after July 15, 1998. Effective: March 3, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 91, effective March 3, 2011. -- Amended 2007 Ky. Acts ch. 19, sec. 15, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 42, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 345, sec. 9, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 25, effective July 15, 1998.

KRS 532.045 Persons prohibited from probation or postincarceration supervision -- Procedure when probation or postincarceration supervision not prohibited

532.045. Persons prohibited from probation or postincarceration supervision -- Procedure when probation or postincarceration supervision not prohibited (1) As used in this section: (a) "Position of authority" means but is not limited to the position occupied by a biological parent, adoptive parent, stepparent, foster parent, relative, household member, adult youth leader, recreational staff, or volunteer who is an adult, adult athletic manager, adult coach, teacher, classified school employee, certified school employee, counselor, staff, or volunteer for either a residential treatment facility or a detention facility as defined in KRS 520.010(4), staff or volunteer with a youth services organization, religious leader, health-care provider, or employer; (b) "Position of special trust" means a position occupied by a person in a position of authority who by reason of that position is able to exercise undue influence over the minor; and (c) "Substantial sexual conduct" means penetration of the vagina or rectum by the penis of the offender or the victim, by any foreign object; oral copulation; or masturbation of either the minor or the offender. (2) Notwithstanding other provisions of applicable law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within the provision of this section be stricken for a person convicted of violating KRS 510.050, 510.080, 529.040, 529.070, 529.100 where the offense involves commercial sexual activity, 530.020, 531.310, 531.320, or 531.370, or criminal attempt to commit any of these offenses under KRS 506.010, and, who meets one (1) or more of the following criteria: (a) A person who commits any of the offenses enumerated in this subsection against a minor by the use of force, violence, duress, menace, or threat of bodily harm; (b) A person who, in committing any of the offenses enumerated in this subsection, caused bodily injury to the minor; (c) A person convicted of any of the offenses enumerated in this subsection and who was a stranger to the minor or made friends with the minor for the purpose of committing an act constituting any of the offenses enumerated in this subsection, unless the defendant honestly and reasonably believed the minor was eighteen (18) years old or older; (d) A person who used a dangerous instrument or deadly weapon against a minor during the commission of any of the offenses enumerated in this subsection; (e) A person convicted of any of the offenses enumerated in this subsection and who has had a prior conviction of assaulting a minor, with intent to commit an act constituting any of the offenses enumerated in this subsection; (f) A person convicted of kidnapping a minor in violation of the Kentucky Penal Code and who kidnapped the minor for the purpose of committing an act constituting any of the offenses enumerated in this subsection; (g) A person who is convicted of committing any of the offenses enumerated in this subsection on more than one (1) minor at the same time or in the same course of conduct; (h) A person who in committing any of the offenses enumerated in this subsection has substantial sexual conduct with a minor under the age of fourteen (14) years; or (i) A person who occupies a position of special trust and commits an act of substantial sexual conduct. Nothing in this section shall be construed to prohibit the additional period of five (5) years' postincarceration supervision required by KRS 532.043. (3) If a person is not otherwise prohibited from obtaining probation or conditional discharge under subsection (2), the court may impose on the person a period of probation or conditional discharge. Probation or conditional discharge shall not be granted until the court is in receipt of the comprehensive sex offender presentence evaluation of the offender performed by an approved provider, as defined in KRS 17.500 or the Department of Corrections. The court shall use the comprehensive sex offender presentence evaluation in determining the appropriateness of probation or conditional discharge. (4) If the court grants probation or conditional discharge, the offender shall be required, as a condition of probation or conditional discharge, to successfully complete a community-based sexual offender treatment program operated or approved by the Department of Corrections or the Sex Offender Risk Assessment Advisory Board. (5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of the comprehensive sex offender presentence evaluation or treatment. (6) Failure to successfully complete the sexual offender treatment program constitutes grounds for the revocation of probation or conditional discharge. (7) The comprehensive sex offender presentence evaluation and all communications relative to the comprehensive sex offender presentence evaluation and treatment of a sexual offender shall fall under the provisions of KRS 197.440. The comprehensive sex offender presentence evaluation shall be filed under seal and shall not be made a part of the court record subject to review in appellate proceedings and shall not be made available to the public. (8) Before imposing sentence, the court shall advise the defendant or his counsel of the contents and conclusions of any comprehensive sex offender presentence evaluation performed pursuant to this section and afford a fair opportunity and a reasonable period of time, if the defendant so requests, to controvert them. The court shall provide the defendant's counsel and the Commonwealth's attorney a copy of the comprehensive sex offender presentence evaluation. It shall not be necessary to disclose the sources of confidential information. (9) To the extent that this section conflicts with KRS 533.010, this section shall take precedence. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 22, effective July 15, 2014. -- Amended 2011 Ky. Acts ch. 2, sec. 94, effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 19, sec. 16, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 43, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 401, sec. 9, effective July 14, 2000; and ch. 401, sec. 34, effective April 11, 2000. -- Amended 1998 Ky. Acts ch. 293, sec. 1, effective July 15, 1998 and ch. 606, sec. 118, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 300, sec. 3, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 94, sec. 3, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 382, sec. 23, effective July 13, 1984.

KRS 532.046 Probation, parole, and other forms of early release -- Eligibility

532.046. Probation, parole, and other forms of early release -- Eligibility Notwithstanding any other provision of this chapter or KRS 439.3401, a person shall not be eligible for probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of his or her sentence if, in the commission of the offense, he or she utilized a firearm in furtherance of the crime, and: (1) Was previously convicted of a felony; (2) Knew or should have known that the firearm was stolen; or (3) Was on probation, parole, conditional discharge, conditional release, or any other form of release after conviction of a violent felony offense as defined in KRS 532.200. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 174, sec. 2, effective July 15, 2024.

KRS 532.047 Nonavailability of probation or suspension of sentence to violent offender - - Exception

532.047. Nonavailability of probation or suspension of sentence to violent offender - - Exception Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who has been designated as a violent offender as defined in KRS 439.3401, unless such probation is granted in accordance with KRS 439.3401. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 401, sec. 8, effective July 14, 2000.

KRS 532.050 Presentence procedure for felony conviction

532.050. Presentence procedure for felony conviction (1) No court shall impose sentence for conviction of a felony, other than a capital offense, without first ordering a presentence investigation after conviction and giving due consideration to a written report of the investigation. The presentence investigation report shall not be waived; however, the completion of the presentence investigation report may be delayed until after sentencing upon the written request of the defendant if the defendant is in custody. (2) The report shall be prepared and presented by a probation officer and shall include: (a) The results of the defendant's risk and needs assessment; (b) An analysis of the defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; (c) A preliminary calculation of the credit allowed the defendant for time spent in custody prior to the commencement of a sentence under KRS 532.120; and (d) Any other matters that the court directs to be included. (3) Before imposing sentence for a felony conviction, the court may order the defendant to submit to psychiatric observation and examination for a period not exceeding sixty (60) days. The defendant may be remanded for this purpose to any available clinic or mental hospital or the court may appoint a qualified psychiatrist to make the examination. (4) If the defendant has been convicted of a sex crime, as defined in KRS 17.500, prior to determining the sentence or prior to final sentencing for youthful offenders, the court shall order a comprehensive sex offender presentence evaluation of the defendant to be conducted by an approved provider, as defined in KRS 17.500, the Department of Corrections, or the Department of Juvenile Justice if the defendant is a youthful offender. 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 the appropriate sentence. A copy of the comprehensive sex offender presentence evaluation shall be furnished to the court, the Commonwealth's attorney, and to counsel for the defendant. If the defendant is eligible and the court suspends the sentence and places the defendant on probation or conditional discharge, the provisions of KRS 532.045(3) to (8) shall apply. All communications relative to the comprehensive sex offender presentence evaluation and treatment of the sex offender shall fall under the provisions of KRS 197.440 and shall not be made a part of the court record subject to review in appellate proceedings. The defendant shall pay for any comprehensive sex offender presentence evaluation or treatment required pursuant to this section up to the defendant's ability to pay but no more than the actual cost of the comprehensive sex offender presentence evaluation or treatment. (5) The presentence investigation report shall identify the counseling treatment, educational, and rehabilitation needs of the defendant and identify community- based and correctional-institutional-based programs and resources available to meet those needs or shall identify the lack of programs and resources to meet those needs. (6) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examinations and afford a fair opportunity and a reasonable period of time, if the defendant so requests, to controvert them. The court shall provide the defendant's counsel a copy of the presentence investigation report. It shall not be necessary to disclose the sources of confidential information. Effective: July 1, 2013 History: Amended 2011 Ky. Acts ch. 2, sec. 37, effective July 1, 2013; and ch. 2, sec. 107, effective June 8, 2011. -- Amended 2009 Ky. Acts ch. 57, sec. 4, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 182, sec. 44, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 160, sec. 11, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 401, sec. 35, effective April 11, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 75, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 300, sec. 4, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 94, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 427, sec. 3, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 14, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 183, sec. 5, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 277, effective January 1, 1975. Legislative Research Commission Note (7/1/2013). This section was amended by 2011 Ky. Acts ch. 2, secs. 37 and 107, which do not appear to be in conflict and have been codified together.

KRS 532.055 Verdicts and sentencing by jury in felony cases

532.055. Verdicts and sentencing by jury in felony cases (1) In all felony cases, the jury in its initial verdict will make a determination of not guilty, guilty, guilty but mentally ill, or not guilty by virtue of insanity, and no more. (2) Upon return of a verdict of guilty or guilty but mentally ill against a defendant, the court shall conduct a sentencing hearing before the jury, if such case was tried before a jury. In the hearing the jury will determine the punishment to be imposed within the range provided elsewhere by law. The jury shall recommend whether the sentences shall be served concurrently or consecutively. (a) Evidence may be offered by the Commonwealth relevant to sentencing including: 1. Minimum parole eligibility, prior convictions of the defendant, both felony and misdemeanor; 2. The nature of prior offenses for which he was convicted; 3. The date of the commission, date of sentencing, and date of release from confinement or supervision from all prior offenses; 4. The maximum expiration of sentence as determined by the division of probation and parole for all such current and prior offenses; 5. The defendant's status if on probation, parole, postincarceration supervision, conditional discharge, or any other form of legal release; 6. Juvenile court records of adjudications of guilt of a child for an offense that would be a felony if committed by an adult. Subject to the Kentucky Rules of Evidence, these records shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial and may be used during the sentencing phase of a criminal trial; however, the fact that a juvenile has been adjudicated delinquent of an offense that would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-B of the federal Social Security Act is also prohibited; and 7. The impact of the crime upon the victim or victims, as defined in KRS 421.500, including a description of the nature and extent of any physical, psychological, or financial harm suffered by the victim or victims; (b) The defendant may introduce evidence in mitigation or in support of leniency; and (c) Upon conclusion of the proof, the court shall instruct the jury on the range of punishment and counsel for the defendant may present arguments followed by the counsel for the Commonwealth. The jury shall then retire and recommend a sentence for the defendant. (3) All hearings held pursuant to this section shall be combined with any hearing provided for by KRS 532.080. (4) In the event that the jury is unable to agree as to the sentence or any portion thereof and so reports to the judge, the judge shall impose the sentence within the range provided elsewhere by law. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 95, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 60, sec. 2, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 606, sec. 111, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 8, effective July 15, 1997. -- Created 1986 Ky. Acts ch. 358, sec. 2, effective July 15, 1986. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 8 of that Act becomes effective July 15, 1997. Legislative Research Commission Note (11/19/91). Pursuant to KRS 7.136(1), the Reviser of Statutes has made a technical correction to correct a manifest clerical or typographical error in subsection (2) of this statute. The text now shown as "...before a jury. In the hearing the jury..." appeared in 1986 Acts ch. 358, sec. 2, as "...before a jury in the hearing the jury..."

KRS 532.060 Sentence of imprisonment for felony -- Postincarceration supervision

532.060. Sentence of imprisonment for felony -- Postincarceration supervision (1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2) of this section, and subject to modification by the trial judge pursuant to KRS 532.070. (2) Unless otherwise provided by law, the authorized maximum terms of imprisonment for felonies are: (a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment; (b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years; (c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and (d) For a Class D felony, not less than one (1) year nor more than five (5) years. (3) For any felony specified in KRS Chapter 510 or KRS 529.100, 529.110, 530.020, 530.064(1)(a), 531.310, 531.320, 531.335, or 531.340, the sentence shall include an additional five (5) year period of postincarceratio n supervision which shall be added to the maximum sentence rendered for the offense. During this period of postincarceration supervision, if a defendant violates the provisions of postincarceration supervision, the defendant may be reincarcerated for: (a) The remaining period of his or her initial sentence, if any is remaining; and (b) The entire period of postincarceration supervision, or if the initial sentence has been served, for the remaining period of postincarceration supervision. (4) In addition to the penalties provided in this section, for any person subject to a period of postincarceration supervision pursuant to KRS 532.400 his or her sentence shall include an additional one (1) year period of postincarceration supervision following release from incarceration upon expiration of sentence if the offender is not otherwise subject to another form of postincarceration supervision. During this period of postincarceration supervision, if an offender violates the provisions of supervision, the offender ma y be reincarcerated for the remaining period of his or her postincarceration supervision. (5) The actual time of release within the maximum established by subsection (1) of this section, or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 10, effective July 15, 2024. -- Amended 2011 Ky. Acts ch. 2, sec. 38, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 65, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 606, sec. 70, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 406, sec. 278, effective January 1, 1975.

KRS 532.070 Court modification of felony sentence

532.070. Court modification of felony sentence (1) When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that the maximum term fixed by the jury is unduly harsh, the court may modify that sentence and fix a maximum term within the limits provided in KRS 532.060 for the offense for which the defendant presently stands convicted. (2) When a sentence of imprisonment for a Class D felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose such a sentence, the court may sentence the defendant to a definite term of imprisonment in a county or a regional correctional institution for a term of one (1) year or less. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 279, effective January 1, 1975.

KRS 532.075 Review of death sentence by Supreme Court

532.075. Review of death sentence by Supreme Court (1) Whenever the death penalty is imposed for a capital offense, and upon the judgment becoming final in the Circuit Court, the sentence shall be reviewed on the record by the Supreme Court. The circuit clerk, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court. (2) The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal. (3) With regard to the sentence, the court shall determine: (a) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor, and (b) Whether the evidence supports the jury's or judge's finding of statutory aggravating circumstances as enumerated in KRS 532.025(2), and (c) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. (4) Both the defendant and the Commonwealth shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court. (5) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to: (a) Affirm the sentence of death; or (b) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration. (6) The Chief Justice shall assign to an administrative assistant who is an attorney the following duties: (a) To accumulate the records of all felony offenses in which the death penalty was imposed after January 1, 1970, or such earlier date as the court may deem appropriate. (b) To provide the court with whatever extracted information it desires with respect thereto, including but not limited to a synopsis or brief of the facts in the record concerning the crime and the defendant. (c) To compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence. (7) The administrative office of the courts shall provide such staff, services, and data as are necessary to proper consideration of any matter relating to the imposition of the death penalty in any case. (8) The sentence review shall be in addition to the direct appeal, if taken, and the review and appeal shall be consolidated. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. Effective: December 22, 1976 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 6, effective December 22, 1976.

KRS 532.080 Persistent felony offender sentencing

532.080. Persistent felony offender sentencing (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which the defendant presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. When a defendant is charged with being a persistent felony offender, the determination of whether or not he or she is such an offender and the punishment to be imposed pursuant to subsection (5) or (6) of this section shall be determined in a separate proceeding from that proceeding which resulted in his or her last conviction. The proceeding shall be conducted before the court sitting with the jury that found the defendant guilty of his or her most recent offense unless the court for good cause discharges that jury and impanels a new jury for that purpose. (2) A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of one (1) previous felony. As used in this provision, a previous felony conviction is a conviction of a felony in this state or conviction of a crime in any other jurisdiction provided: (a) That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefor; and (b) That the offender was over the age of eighteen (18) years at the time the offense was committed; and (c) That the offender: 1. Completed service of the sentence imposed on the previous felony conviction within five (5) years prior to the date of commission of the felony for which he or she now stands convicted; 2. Was on probation, parole, postincarceration supervision, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he or she now stands convicted; 3. Was discharged from probation, parole, postincarceration supervision, conditional discharge, conditional release, or any other form of legal release on any of the previous felony convictions within five (5) years prior to the date of commission of the felony for which he or she now stands convicted; 4. Was in custody from the previous felony conviction at the time of commission of the felony for which he or she now stands convicted; or 5. Had escaped from custody while serving any of the previous felony convictions at the time of commission of the felony for which he or she now stands convicted. (3) A persistent felony offender in the first degree is a person who is more than twenty- one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies, or one (1) or more felony sex crimes against a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more felonies. As used in this provision, a previous felony conviction is a conviction of a felony in this state or conviction of a crime in any other jurisdiction provided: (a) That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefor; (b) That the offender was over the age of eighteen (18) years at the time the offense was committed; and (c) That the offender: 1. Completed service of the sentence imposed on any of the previous felony convictions within five (5) years prior to the date of the commission of the felony for which he or she now stands convicted; 2. Was on probation, parole, postincarceration supervision, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he or she now stands convicted; 3. Was discharged from probation, parole, postincarceration supervision, conditional discharge, conditional release, or any other form of legal release on any of the previous felony convictions within five (5) years prior to the date of commission of the felony for which he or she now stands convicted; 4. Was in custody from the previous felony conviction at the time of commission of the felony for which he or she now stands convicted; or 5. Had escaped from custody while serving any of the previous felony convictions at the time of commission of the felony for which he or she now stands convicted. (4) For the purpose of determining whether a person has two (2) or more previous felony convictions, two (2) or more convictions of crime for which that person served concurrent or uninterrupted consecutive terms of imprisonment shall be deemed to be only one (1) conviction, unless one (1) of the convictions was for an offense committed while that person was imprisoned. (5) A person who is found to be a persistent felony offender in the second degree shall be sentenced to an indeterminate term of imprisonment pursuant to the sentencing provisions of KRS 532.060(2) for the next highest degree than the offense for which convicted. A person who is found to be a persistent felony offender in the second degree shall not be eligible for probation, shock probation, or conditional discharge, unless all offenses for which the person stands convicted are Class D felony offenses which do not involve a violent act against a person, in which case probation, shock probation, or conditional discharge may be granted. A violent offender who is found to be a persistent felony offender in the second degree shall not be eligible for parole except as provided in KRS 439.3401. (6) A person who is found to be a persistent felony offender in the first degree shall be sentenced to imprisonment as follows: (a) If the offense for which he or she presently stands convicted is a Class A or Class B felony, or if the person was previously convicted of one (1) or more sex crimes committed against a minor as defined in KRS 17.500 and presently stands convicted of a subsequent sex crime, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than twenty (20) years nor more than fifty (50) years, or life imprisonment, or life imprisonment without parole for twenty-five (25) years for a sex crime committed against a minor; (b) If the offense for which he or she presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years. (7) A person who is found to be a persistent felony offender in the first degree shall not be eligible for probation, shock probation, or conditional discharge, unless all offenses for which the person stands convicted are Class D felony offenses which do not involve a violent act against a person or a sex crime as that term is defined in KRS 17.500, in which case, probation, shock probation, or conditional discharge may be granted. If the offense the person presently stands convicted of is a Class A, B, or C felony, the person shall not be eligible for parole until the person has served a minimum term of incarceration of not less than ten (10) years, unless another sentencing scheme applies. A violent offender who is found to be a persistent felony offender in the first degree shall not be eligible for parole except as provided in KRS 439.3401. (8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger the application of this section, regardless of the number or type of prior felony convictions that may have been entered against the defendant. A conviction, plea of guilty, or Alford plea under KRS 218A.1415 may be used as a prior felony offense allowing this section to be applied if he or she is subsequently convicted of a different felony offense. (9) The provisions of this section amended by 1994 Ky. Acts ch. 396, sec. 11, shall be retroactive. (10) (a) Except as provided in paragraph (b) of this subsection, this section shall not apply to a person convicted of a criminal offense if the penalty for that offense was increased from a misdemeanor to a felony, or from a lower felony classification to a higher felony classification, because the conviction constituted a second or subsequent violation of that offense. (b) This subsection shall not prohibit the application of this section to a person convicted of: 1. A felony offense arising out of KRS 189A.010, 189A.090, 506.140, 508.032, 508.130, or 510.015; or 2. Any other felony offense if the penalty was not enhanced to a higher level because the Commonwealth elected to prosecute the person as a first-time violator of that offense. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 15, effective July 15, 2026. -- Amended 2012 Ky. Acts ch. 156, sec. 19, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 26, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 45, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 606, sec. 76, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 247, sec. 1, effective April 4, 1996. -- Amended 1994 Ky. Acts ch. 396, sec. 11, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 241, sec. 1, ef fective July 15, 1982. -- Amended 1978 Ky. Acts ch. 78, sec. 6, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 474, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 180, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 280, effective January 1, 1975.

KRS 532.090 Sentence of imprisonment for misdemeanor

532.090. Sentence of imprisonment for misdemeanor A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations: (1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and (2) For a Class B misdemeanor, the term shall not exceed ninety (90) days. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 281, effective January 1, 1975.

KRS 532.100 Place of imprisonment -- Commitment when death sentence imposed – Housing for female state inmates -- Transfer of prisoners when jail is over capacity -- Reduction in per diem upon jailer's refusal to transfer -- Per diem increase for each day of prisoner attendance in department -approved program -- Incarceration of certain Class C and D felons and felons convicted of sex

532.100. Place of imprisonment -- Commitment when death sentence imposed – Housing for female state inmates -- Transfer of prisoners when jail is over capacity -- Reduction in per diem upon jailer's refusal to transfer -- Per diem increase for each day of prisoner attendance in department -approved program -- Incarceration of certain Class C and D felons and felons convicted of sex crimes -- Work release for certain inmates. (1) As used in this section, "jail" means a "jail" or "regional jail" as define d in KRS 441.005. (2) When an indeterminate term of imprisonment is imposed, the court shall commit the defendant to the custody of the Department of Corrections for the term of his or her sentence and until released in accordance with the law. (3) When a definite term of imprisonment is imposed, the court shall commit the defendant to a jail for the term of his or her sentence and until released in accordance with the law. (4) When a sentence of death is imposed, the court shall commit the defendant to the custody of the Department of Corrections with directions that the sentence be carried out according to law. (5) (a) The provisions of KRS 500.080(5) notwithstanding, if a Class D felon is sentenced to an indeterminate term of imprisonment of five (5) year s or less, he or she shall serve that term in a jail in a county in which the fiscal court has agreed to house state prisoners; except that, when an indeterminate sentence of two (2) years or more is imposed on a Class D felon convicted of a sexual offense enumerated in KRS 197.410(1), or a crime under KRS 17.510(12) or (13), the sentence shall be served in a state institution. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of the Department of Corrections. (b) The provisions of KRS 500.080(5) notwithstanding, a Class D felon who received a sentence of more than five (5) years for nonviolent, nonsexual offenses, but who currently has less than five (5) years remaining to be served, may serve the remainder of his or her term in a jail in a county in which the fiscal court has agreed to house state prisoners. (c) 1. The provisions of KRS 500.080(5) notwithstanding, and except as provided in subparagraph 2. of this paragraph, a Class C or D fel on with a sentence of more than five (5) years who is classified by the Department of Corrections as community custody shall serve that term in a jail in a county in which the fiscal court has agreed to house state prisoners if: a. Beds are available in the jail; b. State facilities are at capacity; and c. Halfway house beds are being utilized at the contract level as of July 15, 2000. 2. When an indeterminate sentence of two (2) years or more is imposed on a felon convicted of a sex crime, as defined in KRS 17.500, or any similar offense in another jurisdiction, the sentence shall be served in a state institution. 3. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of the Department of Corrections. (d) Any jail that houses state inmates under this subsection shall offer programs as recommended by the Jail Standards Commission. The Department of Corrections shall adopt the recommendations of the Jail Standards Commission and promulgate administrative regulations establishing required programs for a jail that houses state inmates under this subsection. The Department of Corrections shall approve programming offered by jails to state inmates for sentencing credits in accordance with KRS 197.045. (e) Before housing any female state inmate, a jail shall be certified pursuant to KRS 197.020. (f) 1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the Department of Corrections may direct the jail to transfe r a specified number of state prisoners to vacant beds at other designated jails or state institutions. As used in this paragraph, "capacity" means the capacity listed on the certificate of occupancy issued each year to the jail by the Department of Corrections. b. The Department of Corrections shall choose which state prisoners are eligible for transfer based on the security level of the vacant bed at the receiving jail or state institution. c. State prisoners who are approved for transfer to a Department of Corrections facility for necessary medical treatment and care pursuant to KRS 441.560 shall not be transferred to another jail. d. State prisoners enrolled in a Department of Corrections approved program pursuant to KRS 197.045 shall not be transferred. e. State prisoners awaiting trial in the county they are being housed shall not be transferred. f. Jails that receive state prisoners pursuant to this subparagraph shall be responsible for the transportation of those prisoners to the jail. 2. If the Department of Corrections directs the transfer of a state prisoner pursuant to subparagraph 1. of this paragraph, the jailer has fourteen (14) days to transfer the state prisoner. If the jailer refuses to release custody of the state prisoner to the receiving j ail within fourteen (14) days, the department shall reduce the per diem for the jail for an amount equal to the per diem of that prisoner for each day the jailer refuses to comply with the direction. 3. If the Department of Corrections directs the transfer of a state prisoner pursuant to subparagraph 1. of this paragraph, the jailer of the receiving jail shall accept the transfer and transport the state prisoner in accordance with subparagraph 1.f. of this paragraph. If, after receiving a copy of the direction, the jailer refuses to accept and transport the state prisoner, the Department of Corrections shall reduce the per diem for the receiving jail for an amount equal to the per diem of that prisoner for each day the jailer refuses to comply with the direction. 4. If a jail has a vacant bed and has a Class C or Class D felon who, based on the Department of Corrections classification system, is eligible to be housed in that vacant bed, the department may direct the jail to transfer the state prisoner to that bed. If the jailer refuses to transfer the state prisoner to the vacant bed, the Department of Corrections shall reduce the per diem for the jail for an amount equal to the per diem of that prisoner for each day the jailer refuses to comply with the direction. 5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this paragraph shall be enforced by withholding the amount from the per diem paid to the jail pursuant to KRS 431.215(2). 6. If a jail that is at or over one hundred fifty percent (150%) capacity requests the transfer of a specified number of state prisoners, the Department of Corrections may, if vacant beds are available at other jails, direct the transfer in accordance with subparagraph 1. of this paragraph. (g) If a jail has vacant beds in an area of the jail usually reserved for state prisoners, the jail may house county prisoners in that area. (6) The jailer of a county in which a Class D felon or a Class C felon is incarcerated may request the commissioner of the Department of Corrections to incarcerate the felon in a state corrections institution if the jailer has reasons to believe that the felon is an escape risk, a danger to himself or herself or other inmates, an extreme security risk, or needs protective custody beyond that which can be provided in a jail. The commissioner of the Department of Corrections shall evaluate the request and transfer the inmate if he or she deems it necessary. If the commissioner refuses to accept the felon inmate, and the Circuit Judge of the county that has jurisdiction of the offense charged is of the opinion that the felon cannot be safely kept in a jail, the Circuit Judge, with the consent of the Governor, may order the felon transferred to the custody of the Department of Corrections. (7) (a) Class D felons and Class C felons serving their time in a jail shall be considered state prisoners, and, except as provided in subsection (5)(f) of this section, the Department of Corrections shall pay the jail in which the prisoner is incarcerated a per diem amount determined according to KRS 431.215(2). For other state prisoners and parole violator prisoners, the per diem payments shall also begin on the date prescribed in KRS 431.215(2), except as provided in subsection (5)(f) of this section. (b) 1. The per diem amount paid to the jail shall be increased by two dollars ($2) per day of program attendance for those inmates enrolled in and attending evidence-based programs approved by the department and that do not require instructors to have completed any postsecondary education. 2. The per diem amount paid to the jail shall be increased by ten dollars ($10) per day of program attendance for those inmates enrolled in and attending evidence-based programs approved by the department and that require instructors to have completed particular postsecondary courses. (c) Any amount beyond the base per diem paid under paragraph (a) of this subsection that is paid under a contract to the jail for an inmate's attendance at an evidence-based program shall be credited toward the ten dollars ($10) increase in per diem required under paragraph (b) of this subsection. (8) State prisoners, excluding the Class D felons and Class C felons qualifying to serve time in jails, shall be transferred to the state institution within forty-five (45) days of final sentencing. (9) (a) Class D felons eligible for placement in a jail may be permitted by the warden or jailer to participate in any approved community work program or other form of work release with the approval of the commissioner of the Department of Corrections. (b) The authority to release an inmate to work under this subsection may be exercised at any time during the inmate's sentence, including the period when the court has concurrent authority to permit work release pursuant to KRS 439.265. (c) The warden or jailer may require an inmate participating in the program to pay a fee to reimburse the warden or jailer for the cost of operating the community work program or any other work release program. The fee shall not exceed the lesser of fifty-five dollars ($55) per week or twenty percent (20%) of the prisoner's weekly net pay earned from the community work program or work release participation. In addition, the inmate may be required to pay for any drug testing performed on the inmate as a requirement of the community work program or work release participation. (d) This subsection shall not apply to an inmate who: 1. Is not eligible for work release pursuant to KRS 197.140; 2. Has a maximum or close security classification as defined by administrative regulations promulgated by the Department of Corrections; 3. Is subject to the provisions of KRS 532.043; or 4. Is in a reentry center as defined in KRS 441.005. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 109, sec. 5, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 194, sec. 6, effective April 7, 2021. -- Amended 2020 Ky. Acts ch. 109, sec. 3, effective April 24, 2020. -- Amended 2018 Ky. Acts ch. 115, sec. 4, effective January 1, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 85, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 2, sec. 40, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 46, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 384, sec. 3, effective July 14, 2000; and ch. 401, sec. 36, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 108, sec. 7, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 134, effective July 14, 1992; and ch. 262, sec. 8, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 58, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective December 22, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 282, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14). 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, b, (1) at 2098. Legislative Research Commission Note (1/1/2019). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women’s Dignity in the Justice System Act. This statute was amended in Section 4 of that Act.

KRS 532.110 Concurrent and consecutive terms of imprisonment

532.110. Concurrent and consecutive terms of imprisonment (1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences shall run concurrently or consecutively as the court shall determine at the time of sentence, except that: (a) A definite and an indeterminate term shall run concurrently and both sentences shall be satisfied by service of the indeterminate term; (b) The aggregate of consecutive definite terms shall not exceed one (1) year; (c) 1. Except as provided in paragraph (d) of this subsection, the aggregate of consecutive indeterminate terms shall not exceed in maximum length the longest extended term which would be authorized by KRS 532.080 for the highest class of crime for which any of the sentences is imposed, except as described in KRS 533.060(2) or (3). 2. In no event shall the aggregate of consecutive indeterminate terms exceed seventy (70) years; and (d) The sentences of a defendant convicted of two (2) or more felony sex crimes, as defined in KRS 17.500, involving two (2) or more victims shall run consecutively. (2) If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run concurrently with any other sentence which the defendant must serve unless the sentence is required by subsection (3) of this section or KRS 533.060 to run consecutively. (3) Notwithstanding any provision in this section to the contrary, if a person is convicted of an offense that is committed while he or she is imprisoned in a penal or reformatory institution, during an escape from imprisonment, or while he or she awaits imprisonment, the sentence imposed for that offense may be added to the portion of the term which remained unserved at the time of the commission of the offense. The sentence imposed upon any person convicted of an escape or attempted escape offense shall run consecutively with any other sentence which the defendant must serve. (4) Notwithstanding any provision in this chapter to the contrary, if a person is convicted of an offense that is committed while he or she is imprisoned in a penal or reformatory institution, the sentence imposed for that offense may, upon order of the trial court, be served in that institution. The person may be transferred to another institution pursuant to administrative regulations of the Department of Corrections. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 127, sec. 1, effective July 15, 2024; and ch. 174, sec. 50, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 182, sec. 47, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 11, sec. 5, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 606, sec. 114, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 135, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 59, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 405, sec. 3, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 283, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14). Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 127 and 174, which do not appear to be in conflict and have been codified together.

KRS 532.115 Concurrent sentencing with federal sentencing or another state's felony sentencing

532.115. Concurrent sentencing with federal sentencing or another state's felony sentencing The court in sentencing a person convicted of a felony, shall be authorized to run the sentence concurrent with any federal sentence received by that defendant for a federal crime and any sentence received by that defendant in another state for a felony offense. The time spent in federal custody and the time spent in custody in another state under the concurrent sentencing shall count as time spent in state custody; but the federal custody and custody in another state shall not include time spent on probation or parole or constraint incidental to release on bail. If the court does not specify that its sentence is to run concurrent with a specific federal sentence or sentence of another state, the sentence shall not run concurrent with any federal sentence or sentence of another state. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 445, sec. 13, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 78, sec. 8, effective June 17, 1978.

KRS 532.120 Calculation of terms of imprisonment -- Inmate's right to challenge Department of Corrections

532.120. Calculation of terms of imprisonment -- Inmate's right to challenge Department of Corrections (1) An indeterminate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the Department of Corrections. When a person is under more than one (1) indeterminate sentence, the sentences shall be calculated as follows: (a) If the sentences run concurrently, the maximum terms merge in and are satisfied by discharge of the term which has the longest unexpired time to run; or (b) If the sentences run consecutively, the maximum terms are added to arrive at an aggregate maximum term equal to the sum of all the maximum terms. (2) A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. When a person is under more than one (1) definite sentence, the sentences shall be calculated as follows: (a) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest unexpired time to run; or (b) If the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of the aggregate term. (3) Time spent in custody prior to the commencement of a sentence as a result of the charge that culminated in the sentence shall be credited by the Department of Corrections toward service of the maximum term of imprisonment in cases involving a felony sentence and by the sentencing court in all other cases. If the sentence is to an indeterminate term of imprisonment, the time spent in custody prior to the commencement of the sentence shall be considered for all purposes as time served in prison. (4) If a person has been in custody due to a charge that culminated in a dismissal, acquittal, or other disposition not amounting to a conviction, the amount of time that would have been credited under subsection (3) of this section if the defendant had been convicted of that charge shall be credited as provided in subsection (3) of this section against any sentence based on a charge for which a warrant or commitment was lodged during the pendency of that custody. (5) If a person serving a sentence of imprisonment escapes from custody, the escape shall interrupt the sentence. The interruption shall continue until the person is returned to the institution from which he escaped or to an institution administered by the Department of Corrections. Time spent in actual custody prior to return under this subsection shall be credited against the sentence if custody rested solely on an arrest or surrender for the escape itself. (6) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in the intensive secured substance abuse recovery program developed under KRS 196.285 and may include, at the discretion of the sentencing court, time spent in a different residential substance abuse treatment or recovery facility pursuant to KRS 431.518 or 533.251, if under each option allowed by this subsection, the person has successfully completed the program offered by the intensive secured substance abuse recovery program or the residential substance abuse treatment or recovery facility. If the defendant fails to complete a program, the court may still award full or partial sentence credit if the defendant demonstrates that good cause existed for the failure to complete the program. (7) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in pretrial home incarceration pursuant to KRS 431.517, subject to the conditions imposed by KRS 532.245. (8) In lieu of an award by the Department of Corrections in felony cases, if a presentence report indicates that a defendant has accumulated sufficient sentencing credits under this section to allow for an immediate discharge from confinement upon pronouncement of sentence, the court may confirm the amount of the credit and award the credit at pronouncement. (9) An inmate may challenge a failure of the Department of Corrections to award a sentencing credit under this section or the amount of credit awarded by motion made in the sentencing court no later than thirty (30) days after the inmate has exhausted his or her administrative remedies. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 25, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 98, effective June 8, 2011. -- Amended 2009 Ky. Acts ch. 96, sec. 6, effective March 24, 2009. -- Amended 1992 Ky. Acts ch. 211, sec. 136, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 60, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 284, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14).

KRS 532.130 Definitions for KRS 532.135 and 532.140

532.130. Definitions for KRS 532.135 and 532.140 (1) An adult, or a minor under eighteen (18) years of age who may be tried as an adult, convicted of a crime and subject to sentencing, is referred to in this section and KRS 532.135 and 532.140 as a defendant. (2) A defendant with significant subaverage intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested during the developmental period is referred to in KRS 532.135 and 532.140 as a defendant with a serious intellectual disability. "Significantly subaverage general intellectual functioning" is defined as an intelligence quotient (I.Q.) of seventy (70) or below. (3) A defendant is referred to in KRS 532.135 and 532.140 as a defendant with serious mental illness if: (a) At the time of the offense, he or she has active symptoms and a documented history, including a diagnosis, of one (1) or more of the following mental disorders using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association: 1. Schizophrenia; 2. Schizoaffective disorder; 3. Bipolar disorder; or 4. Delusional disorder; and (b) The disorder is not manifested primarily by repeated criminal conduct or attributable solely to the acute effects of the voluntary use of alcohol or other drugs. As used in this subsection, a documented history and diagnosis shall be from a mental health professional as defined in KRS 645.020(7)(a) to (d). Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 109, sec. 1, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 146, sec. 133, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 488, sec. 1, effective July 13, 1990.

KRS 532.135 Determination by court that defendant has a serious intellectual disability or serious mental illness

532.135. Determination by court that defendant has a serious intellectual disability or serious mental illness (1) At least one hundred twenty (120) days before trial, the defendant shall file a motion with the trial court wherein the defendant may allege that he or she is a defendant with a serious intellectual disability or a defendant with serious mental illness and present evidence with regard thereto. The Commonwealth may offer evidence in rebuttal. (2) At least ninety (90) days before the beginning of the trial, the court shall determine whether or not the defendant is a defendant with a serious intellectual disability or a defendant with serious mental illness, in accordance with the criteria set forth in KRS 532.130. (3) The decision of the court shall be placed in the record. (4) The pretrial determination of the trial court shall not preclude the defendant from raising any legal defense during the trial. If it is determined the defendant is a defendant with a serious intellectual disability or a defendant with serious mental illness, he or she shall be sentenced as provided in KRS 532.140. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 109, sec. 2, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 146, sec. 134, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 488, sec. 2, effective July 13, 1990.

KRS 532.140 Defendant with a serious intellectual disability or serious mental illness not subject to execution -- Authorized sentences

532.140. Defendant with a serious intellectual disability or serious mental illness not subject to execution -- Authorized sentences (1) KRS 532.010, 532.025, and 532.030 to the contrary notwithstanding, a defendant who has been determined to be a defendant with a serious intellectual disability or a defendant with serious mental illness under KRS 532.135 shall not be subject to execution. The same procedure as required in KRS 532.025 and 532.030 shall be utilized in determining the sentence of the defendant with a serious intellectual disability or serious mental illness under this section and KRS 532.135. (2) This section and KRS 532.135 do not preclude the sentencing of a defendant with a serious intellectual disability or serious mental illness to any other sentence authorized by KRS 532.010, 532.025, or 532.030 for a crime which is a capital offense. (3) (a) For a defendant with a serious intellectual disability, this section and KRS 532.135 shall apply only to trials commenced after July 13, 1990. (b) For a defendant with serious mental illness, this section and KRS 532.135 shall apply only to trials commenced after July 14, 2022. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 109, sec. 3, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 146, sec. 135, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 488, sec. 3, effective July 13, 1990.

KRS 532.160 Criminal garnishment

532.160. Criminal garnishment (1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 49.480 and for court costs, restitution, and reimbursement charges in this chapter. (2) A criminal garnishment applies to any of the following: (a) A convicted person's earnings as defined in KRS 427.005; (b) Indebtedness that is owed to a convicted person by a garnishee for amounts that are not earnings; (c) Money that is held by a garnishee on behalf of a convicted person; (d) The convicted person's personal property that is in the possession of a garnishee; or (e) If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a convicted person. (3) The debt associated with a criminal garnishment shall constitute a charge against the estate of any decedent owing moneys under this chapter. (4) The sentencing court shall combine all fines, court costs, restitution, and reimbursement charges in a single order of garnishment. (5) The sentencing court shall require payment of restitution to the victim of the offense before payments of any moneys to the government or a government agency. (6) The court shall order payments made under this section to be paid by the defendant directly to the person or organization specified by written order of the court. The court shall not order payments of an order of criminal garnishment to be made through the circuit clerk, except for those payments due from a person under the supervision of the Department of Corrections. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 74, sec. 103, effective June 29, 2017. -- Amended 2002 Ky. Acts ch. 183, sec. 31, effective August 1, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 172, effective July 15, 1998.

KRS 532.162 Order as lien upon earnings -- Circuit clerk to disburse -- Fee

532.162. Order as lien upon earnings -- Circuit clerk to disburse -- Fee (1) If the criminal garnishment is made upon the convicted person's earnings, the order of garnishment shall be a lien upon the earnings from the date of service on the garnishee until an order discontinuing the lien is entered. A convicted person may challenge the garnishment by filing a challenge to the garnishment with the sentencing court. The challenge shall be heard within ten (10) days of its filing or the nearest court date thereafter. Before the hearing, garnishment shall continue. Any moneys which the court determines were improperly garnished shall be repaid to the garnishee not later than thirty (30) days after the determination. (2) The circuit clerk's office shall disburse all collected reimbursement, restitution, and fees to the victim, the Crime Victims Compensation Board, or the local government, whichever is appropriate. The clerk shall be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk's office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 91, effective June 29, 2021. -- Amended 2017 Ky. Acts ch. 74, sec. 104, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 69, sec. 6, effective June 25, 2013. -- Created 1998 Ky. Acts ch. 606, sec. 173, effective July 15, 1998.

KRS 532.164 Lien on real property

532.164. Lien on real property (1) Any convicted person owing fines, court costs, restitution, or reimbursement before or after his release from incarceration shall be subject to a lien upon his interest, present or future, in any real property. (2) The real property lien shall be filed in the circuit clerk's office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside. (3) The lien may be foreclosed upon in the manner prescribed in KRS Chapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter. (4) The attorney for the Commonwealth, and not the crime victim, shall prepare and file lien documents for moneys to be restored to the crime victim. The manner of filing, recording, and releasing the lien shall be consistent with the provisions of KRS Chapter 376. (5) The attorney for the Commonwealth shall pay to the county clerk a fee pursuant to KRS 64.012 for filing the lien and subsequent release, which shall be assessed as court costs for the filing of any lien upon real estate. The attorney for the Commonwealth shall notify the appropriate county clerk that the lien has been satisfied within ten (10) days of satisfaction. (6) A lien under this section shall bear interest at the same rate as for a civil judgment unless the court orders that interest not be awarded. In considering whether interest shall be awarded, the court shall consider the following factors, among others: (a) The defendant's ability to pay the amount of the interest; (b) The hardship likely to be imposed on the defendant's dependents by paying the amount of the interest and the time and method of paying it; (c) The impact that the amount of the interest will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense. Effective: January 1, 2007 History: Amended 2006 Ky. Acts ch. 255, sec. 35, effective January 1, 2007. -- Created 1998 Ky. Acts ch. 606, sec. 174, effective July 15, 1998.

KRS 532.166 Transfer of property from garnishee

532.166. Transfer of property from garnishee (1) If the garnishee holds property or moneys of the defendant, the garnishee shall immediately transfer the property or moneys to the person or official named in the garnishment. (2) If the garnishee holds personal property or stock of the defendant, the court shall hold the personal property or stock of the defendant pending an order of the court. (3) The party who obtains the garnishment shall deliver by personal service or by first class mail a copy of the order to the garnishee and to the defendant. (4) A bank deposit in the name of two (2) or more persons, one (1) of whom is the convicted person, is subject to garnishment. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 175, effective July 15, 1998.

KRS 532.168 Show cause hearing for failure to comply with criminal garnishment order

532.168. Show cause hearing for failure to comply with criminal garnishment order If a garnishee fails to comply with the terms of the order of criminal garnishment within thirty (30) days after its issuance, the attorney for the Commonwealth may move the court to order the garnishee to show cause why he should not be held in contempt. If the court finds that the failure was willful or grossly negligent, the court shall find the garnishee in contempt and shall award reasonable attorney's fees and costs, in addition to any contempt sanction it imposes. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 176, effective July 15, 1998.

KRS 532.200 Definitions for KRS 532.210 to 532.250

532.200. Definitions for KRS 532.210 to 532.250 As used in KRS 532.210 to 532.250, unless the context otherwise requires: (1) "Home" means the temporary or permanent residence of a defendant consisting of the actual living area. If more than one (1) residence or family is located on a single piece of property, "home" does not include the residence of any other person who is not part of the social unit formed by the defendant's immediate family. A hospital, nursing care facility, hospice, half-way house, group home, residential treatment facility, or boarding house may serve as a "home" under this section; (2) "Home incarceration" means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner's ability to maintain gainful employment or to participate in programs approved as a condition of his or her incarceration, or both, using the person's home for purposes of confinement; (3) "Violent felony offense" means an offense that would classify a person as a violent offender under KRS 439.3401; (4) "Terminal illness" means a medically recognized disease for which the prognosis is death within six (6) months to a reasonable degree of medical certainty; and (5) "Approved monitoring device" means an electronic device or apparatus which is capable of recording, tracking, or transmitting information as to the prisoner's location or verifying the prisoner's presence or non-presence in the home, or both. The devices shall be minimally intrusive. Devices shall not be used without the prisoner's knowledge to record or transmit: (a) Visual images other than the defendant's face; (b) Oral or wire communications or any auditory sound other than the defendant's voice; or (c) Information as to the prisoner's activities while inside the home. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 11, effective July 15, 2024. -- Repealed and reenacted 2010 Ky. Acts ch. 107, sec. 10, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 158, sec. 8, effective July 1, 2008. -- Amended 1996 Ky. Acts ch. 45, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 137, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 243, sec. 1, effective July 15, 1986. Legislative Research Commission Note (7/15/2010). 2008 Ky. Acts ch. 107, sec. 12, provides that "The intent of the General Assembly in repealing and reenacting KRS 439.320, 439.340, and 532.200 in Sections 4, 5, and 10 of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts ch. 158. The specific textual provisions of Sections 4, 5, and 10 of this Act which reflect amendments made to those sections by 2008 Ky. Acts ch. 158 shall be deemed effective as of April 24, 2008, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text from those sections being unaffected by the provisions of this section." This statute is affected by that language.

KRS 532.210 Petition -- Study of record -- Order

532.210. Petition -- Study of record -- Order (1) Any misdemeanant or a felon who has not been convicted of, pled guilty to, or entered an Alford plea to a violent felony offense may petition the sentencing court for an order directing that all or a portion of a sentence of imprisonment in the county jail be served under conditions of home incarceration. Such petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the defendant's sentence. (2) The sentencing judge shall study the record of all persons petitioning for home incarceration and, in his discretion, may: (a) Cause additional background or character information to be collected or reduced to writing by the county jailer or misdemeanor supervision department; (b) Conduct hearings on the desirability of granting home incarceration; (c) Impose on the home incarceree such conditions as are fit, including restitution; (d) Order that all or a portion of a sentence of imprisonment in the county jail be served under conditions of home incarceration at whatever time or intervals, consecutive or nonconsecutive, as the court shall determine. The time actually spent in home incarceration pursuant to this provision shall not exceed six (6) months or the maximum term of imprisonment assessed pursuant to this chapter whichever is the shorter; (e) Issue warrants for persons when there is reason to believe they have violated the conditions of home incarceration, conduct hearings on such matters, and order reimprisonment in the county jail upon proof of violation; and (f) Grant final discharge from incarceration. (3) All home incarcerees shall execute a written agreement with the court setting forth all of the conditions of home incarceration. The order of home incarceration shall incorporate that agreement and order compliance with its terms. The order and agreement shall be transmitted to the supervising authority and to the appropriate jail official. (4) Time spent in home incarceration under this subsection shall be credited against the maximum term of imprisonment assessed for the defendant pursuant to this chapter. (5) Home incarcerees shall be under the supervision of the county jailer except in counties establishing misdemeanor supervision departments, wherein they shall be under the supervision of such departments. Home incarcerees shall be subject to the decisions of such authorities during the period of supervision. Fees for supervision or equipment usage shall be paid directly to the supervising authority. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 81, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 243, sec. 2, effective July 15, 1986.

KRS 532.220 Conditions of home incarceration

532.220. Conditions of home incarceration The conditions of home incarceration shall include the following: (1) The home incarceree shall be confined to his home at all times except when: (a) Working at approved employment or traveling directly to and from such employment; (b) Seeking employment; (c) Undergoing available medical, psychiatric, or mental health treatment or approved counseling and after care programs; (d) Attending an approved educational institution or program; (e) Attending a regularly scheduled religious service at a place of worship; and (f) Participating in an approved community work service program; (2) Violation of subsection (1) of this section may subject the home incarceree to prosecution under KRS 520.030 (escape); (3) The home incarceree shall conform to a schedule prepared by a designated officer of the supervising authority specifically setting forth the times when he may be absent from the home and the locations where he may be during those times; (4) The home incarceree shall not commit another offense during the period of time for which he is subject to the conditions of home incarceration; (5) The home incarceree shall not change the place of home incarceration or the schedule without prior approval of the supervising authority; (6) The home incarceree shall maintain a telephone or other approved monitoring device in the home or on his person at all times; (7) Any other reasonable conditions set by the court or the supervising authority including: (a) Restitution under KRS 533.030; (b) Supervision fees under KRS 439.315; and (c) Any of the conditions imposed on persons on probation or conditional discharge under KRS 533.030(2); (8) A written and notarized consent agreement shall be filed with the court by every adult who will share the offender's home during the term of home incarceration; and (9) Any supervision fee or other monetary condition, except restitution, shall be paid by the defendant directly to the person or organization specified by the court in a written order, except that any such fees or monetary conditions owed to the Department of Corrections shall be paid through the circuit clerk. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 32, effective August 1, 2002. -- Created 1986 Ky. Acts ch. 243, sec. 3, effective July 15, 1986.

KRS 532.230 Ineligibility

532.230. Ineligibility No person being held under a detainer, warrant, or process issued by some other jurisdiction shall be eligible for home incarceration. No person convicted of a violent felony offense shall be eligible for home incarceration. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 243, sec. 4, effective July 15, 1986.

KRS 532.240 Responsibilities of persons held in home incarceration

532.240. Responsibilities of persons held in home incarceration Any person serving his sentence under conditions of home incarceration shall be responsible for his food, housing, clothing, and medical care expenses, and shall be eligible for government benefits to the same extent as a person on probation, parole, postincarceration supervision, or conditional discharge. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 96, effective June 8, 2011. -- Created 1986 Ky. Acts ch. 243, sec. 5, effective July 15, 1986.

KRS 532.245 Credit for time spent in pretrial home incarceration

532.245. Credit for time spent in pretrial home incarceration (1) Time spent in pretrial home incarceration pursuant to KRS 431.517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Notwithstanding KRS 532.200, a defendant who spent time in pretrial home incarceration pursuant to KRS 431.517 shall not be required to have participated in a global positioning monitoring system program to receive credit. Time credited under this section shall be calculated in accordance with KRS 532.120. (2) Violation of the terms of pretrial home incarceration shall be deemed an interruption of the defendant's home incarceration. The interruption shall begin at the time of the violation and shall continue until a court revokes home incarceration or otherwise acts on the violation. Time spent in pretrial home incarceration prior to the violation shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction for the original charge. (3) This section shall apply to defendants sentenced on or after July 12, 2012. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 132, sec. 1, effective July 14, 2022. -- Created 2012 Ky. Acts ch. 156, sec. 24, effective July 12, 2012.

KRS 532.250 Monthly list of incarcerees provided to local law enforcement agencies

532.250. Monthly list of incarcerees provided to local law enforcement agencies At least once every thirty (30) days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home incarceration in their jurisdictions. This list shall include the following information: (1) The prisoner's place of home incarceration; (2) The crime for which the prisoner was convicted; (3) The date that the sentence of home incarceration will be completed; and (4) The name, address and phone number of the officer of the authority supervising the prisoner. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 243, sec. 6, effective July 15, 1986.

KRS 532.260 Home incarceration or conditional release for certain Class C or Class D felons -- Eligibility -- Consequence of violation -- Administrative regulations

532.260. Home incarceration or conditional release for certain Class C or Class D felons -- Eligibility -- Consequence of violation -- Administrative regulations (1) Any Class C or Class D felon who is serving a sentence in a state-operated prison, contract facility, or county jail shall, at the discretion of the commissioner, be eligible to serve the remainder of his or her sentence outside the walls of the detention facility under terms of home incarceration or conditional release to an appropriate housing alternative specified by KRS 532.262 using an approved monitoring device as defined in KRS 532.200, if the felon: (a) 1. Has not been convicted of, pled guilty to, or entered an Alford plea to a violent felony as defined by the Department of Corrections classification system; or 2. Has not been convicted of, pled guilty to, or entered an Alford plea to a sex crime as defined in KRS 17.500; (b) Has nine (9) months or less to serve on his or her sentence; (c) Has voluntarily participated in a discharge planning process with the department to address his or her: 1. Education; 2. Employment, technical, and vocational skills; 3. Housing, medical, and mental health needs; and 4. Criminal risk factors; and (d) Has needs that may be adequately met in the community where he or she will reside upon release. (2) A person who is placed under terms of home incarceration pursuant to subsection (1) of this section shall remain in the custody of the Department of Corrections. Any unauthorized departure from the terms of home incarceration may be prosecuted as an escape pursuant to KRS Chapter 520 and shall result in the person being returned to prison. (3) The Department of Corrections shall promulgate administrative regulations to implement the provisions of this section. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 43, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 107, sec. 11, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 252, Pt. XXII, sec. 1, effective April 25, 2006. -- Created 2005 Ky. Acts ch. 173, Pt. I, I.2.b.(1), sec. 1, effective March 20, 2005.

KRS 532.262 Department to approve any acceptable housing for prisoners granted conditional release

532.262. Department to approve any acceptable housing for prisoners granted conditional release When considering appropriate housing for a prisoner who is considered for or who is granted conditional release pursuant to KRS 532.260, the Department of Corrections shall approve any form of acceptable housing, including but not limited to apartments, shelters for the homeless or other persons, county jails or restricted custody facilities that a county approves for persons granted conditional release, educational institutions with dormitories if the releasee is enrolled or accepted for enrollment at an educational institution, halfway houses, reentry centers, residential treatment or other programs in which the releasee is enrolled or accepted for enrollment, and other forms of transitional housing meeting the requirements of applicable statutes. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 95, effective June 29, 2017. -- Created 2011 Ky. Acts ch. 2, sec. 42, effective June 8, 2011.

KRS 532.300 Prohibition against death sentence being sought or given on the basis of race -- Procedures for dealing with claims

532.300. Prohibition against death sentence being sought or given on the basis of race -- Procedures for dealing with claims (1) No person shall be subject to or given a sentence of death that was sought on the basis of race. (2) A finding that race was the basis of the decision to seek a death sentence may be established if the court finds that race was a significant factor in decisions to seek the sentence of death in the Commonwealth at the time the death sentence was sought. (3) Evidence relevant to establish a finding that race was the basis of the decision to seek a death sentence may include statistical evidence or other evidence, or both, that death sentences were sought significantly more frequently: (a) Upon persons of one race than upon persons of another race; or (b) As punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race. (4) The defendant shall state with particularity how the evidence supports a claim that racial considerations played a significant part in the decision to seek a death sentence in his or her case. The claim shall be raised by the defendant at the pre-trial conference. The court shall schedule a hearing on the claim and shall prescribe a time for the submission of evidence by both parties. If the court finds that race was the basis of the decision to seek the death sentence, the court shall order that a death sentence shall not be sought. (5) The defendant has the burden of proving by clear and convincing evidence that race was the basis of the decision to seek the death penalty. The Commonwealth may offer evidence in rebuttal of the claims or evidence of the defendant. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 252, sec. 1, effective July 15, 1998.

KRS 532.305 Application of KRS 532.300

532.305. Application of KRS 532.300 KRS 532.300 shall not apply to sentences imposed prior to July 15, 1998. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 252, sec. 2, effective July 15, 1998.

KRS 532.309 Short title for KRS 532.300 to 532.309

532.309. Short title for KRS 532.300 to 532.309 KRS 532.300 to 532.309 shall be cited as the Kentucky Racial Justice Act. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 252, sec. 3, effective July 15, 1998.

KRS 532.350 Definitions for chapter

532.350. Definitions for chapter As used in this chapter: (1) (a) "Restitution" means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act; (b) "Reimbursement" means payment of expenses associated with incarceration, including but not limited to medical expenses, food, and lodging; (c) "Sinking fund" means the fund created and used by local governments to provide maintenance of jail facilities and capital construction; improvement of law enforcement, jail, and judicial facilities; and other long-term expenditures associated with those areas; and (d) "Local government" means any county, urban-county, or charter county government. (2) Definitions in KRS 441.005 apply to this chapter. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 177, effective July 15, 1998.

KRS 532.352 Reimbursement for costs of incarceration

532.352. Reimbursement for costs of incarceration (1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund. (2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs. (3) Reimbursement of incarceration costs shall be paid by the defendant directly to the jailer in the amount specified by written order of the court. Incarceration costs owed to the Department of Corrections shall be paid through the circuit clerk. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 33, effective August 1, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 178, effective July 15, 1998.

KRS 532.354 Copayment for medical treatment

532.354. Copayment for medical treatment (1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court. (2) Any copayment shall be collected by the jailer or his designee and, after it is properly accounted for, shall be paid to the appropriate local government authority. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 179, effective July 15, 1998.

KRS 532.356 Reimbursement and restitution as additional sanctions -- Ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses

532.356. Reimbursement and restitution as additional sanctions -- Ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses (1) Upon a person's conviction and sentencing for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense, and, for the purposes of paragraph (b) of this subsection, any Class C felony offense listed in subsection (3) of this section, the court shall impose the following sanctions in addition to any imprisonment, fine, court cost, or community service: (a) Reimbursement to the state or local government for the person's incarceration, determined by the per person, per diem, expenses of each prisoner incarcerated by the respective local government, times the number of days he has spent or shall spend in confinement, plus any medical services received by the prisoner, less copayments paid by the prisoner. The convicted person's ability to pay all or part of the reimbursement shall be considered by the sentencing court in imposing the sanction; and (b) Restitution to the crime victim as set out in KRS 439.563, 532.032, and 532.033. (2) In addition to any other penalty allowed by law, a court may declare the defendant ineligible to operate a motor vehicle for a period of up to sixty (60) days where the defendant is being sentenced for a conviction of KRS 514.030 involving the theft of gasoline or special fuels from a retail establishment and the defendant has been previously convicted of KRS 514.030 for a theft of gasoline or special fuels from a retail establishment. A retail establishment may post a sign at the location where the fuel is dispensed apprising the public of the sanctions available under this subsection. (3) (a) In addition to any other penalty allowed by law, a court may declare the defendant ineligible to operate a motor vehicle for the period of time that any amount of restitution ordered under this section remains unpaid, where the restitution is imposed as the result of the commission of the following offenses: 1. KRS 434.650; 2. KRS 434.655; 3. KRS 434.660; 4. KRS 434.670; 5. KRS 434.690; 6. KRS 514.030; 7. KRS 514.040; 8. KRS 514.050; 9. KRS 514.060; 10. KRS 514.070; 11. KRS 514.080; 12. KRS 514.090; 13. KRS 514.110; 14. KRS 514.120; or 15. KRS 506.120. (b) Upon motion by the defendant with proper notice to the office of the attorney who represented the Commonwealth at sentencing, the court may authorize the defendant to obtain the hardship license authorized under KRS Chapter 189A. The defendant shall be subject to the same operating restrictions and penalties for noncompliance as are set out for a hardship license in that chapter. The court may waive compliance with provisions of KRS Chapter 189A relating to alcohol treatment, waiting periods, and ignition interlock installation for the purpose of authorizing issuance of a hardship license under this section. (4) Sanctions imposed by the sentencing court shall become a judgment of the court. Reimbursement of incarceration costs shall be paid by the defendant directly to the jailer in the amount specified by written order of the court. Incarceration costs owed to the Department of Corrections shall be paid through the circuit clerk. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 38, sec. 1, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 106, sec. 16, effective June 25, 2009. -- Amended 2002 Ky. Acts ch. 183, sec. 34, effective August 1, 2002. -- Amended 2001 Ky. Acts ch. 139, sec. 2, effective June 21, 2001. -- Created 1998 Ky. Acts ch. 606, sec. 180, effective July 15, 1998.

KRS 532.358 Prisoner to pay reimbursement and restitution

532.358. Prisoner to pay reimbursement and restitution Any prisoner who has completed his sentence in a county or regional jail or under condition of home incarceration shall, from the day incarceration ceases and within the time and amount designated by the sentencing court, pay restitution to his victim and reimbursement for his incarceration to the state or local government and his or her home incarceration fees, in addition to any other monetary and community service sanctions imposed by the sentencing court. The sentencing court may use its contempt sanctions to enforce its orders. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 489, sec. 1, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 181, effective July 15, 1998.

KRS 532.400 Postincarceration supervision -- Violation -- Exclusions

532.400. Postincarceration supervision -- Violation -- Exclusions (1) In addition to the penalties authorized by law, any person who: (a) Is convicted of a capital offense or a Class A felony; (b) Has a maximum or close security classification as defined by administrative regulations promulgated by the department; or (c) Is not eligible for parole by statute; shall be subject to a period of postincarceration supervision following release from incarceration upon expiration of sentence or completion of parole. (2) The period of postincarceration supervision shall be one (1) year. (3) During the period of postincarceration supervision, the defendant shall: (a) Be subject to all orders specified by the Department of Corrections; and (b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections. (4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board. (5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole. Notice of the violation shall be sent to the Parole Board to determine whether probable cause exists to revoke the defendant's postincarceration supervision and reincarcerate the defendant as set forth in KRS 532.060. (6) The provisions of this section shall not apply to a person who is subject to the provisions of KRS 532.043. (7) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea for an offense committed after June 8, 2011. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 35, effective June 8, 2011.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39401Fetched: 10/20/2026

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