KRS § 533.010 — KY Code / Title L / Chapter 533 / Section 533.010
533.010 Criteria for utilizing chapter -- Alternative sentences -- Monitoring by private agency -- Work release
Status: in_force

533.010 Criteria for utilizing chapter -- Alternative sentences -- Monitoring by

private agency -- Work release.

(1) Any person who has been convicted of a crime and who has not been

sentenced to death may be sentenced to probation, probation with an

alternative sentencing plan, or conditional discharge as provided in this

chapter.

(2) Before imposition of a sentence of imprisonment, the court shall consider

probation, probation with an alternative sentencing plan, or conditional

discharge. Unless the defendant is a violent felon as defined in KRS 439.3401

or a statute prohibits probation, shock probation, or conditional discharge, after

due consideration of the defendant's risk and needs assessment, nature and

circumstances of the crime, and the history, character, and condition of the

defendant, probation or conditional discharge shall be granted, unless the court

is of the opinion that imprisonment is necessary for protection of the public

because:

(a) There is substantial risk that during a period of probation or conditional

discharge the defendant will commit another crime;

(b) The defendant is in need of correctional treatment that can be provided

most effectively by his commitment to a correctional institution; or

(c) A disposition under this chapter will unduly depreciate the seriousness of

the defendant's crime.

(3) In the event the court determines that probation is not appropriate after due

consideration of the defendant's risk and needs assessment, nature and

circumstances of the crime, and the history, character, and condition of the

defendant, probation with an alternative sentencing plan shall be granted

unless the court is of the opinion that imprisonment is necessary for the

protection of the public because:

(a) There is a likelihood that during a period of probation with an alternative

sentencing plan or conditional discharge the defendant will commit a

Class D or Class C felony or a substantial risk that the defendant will

commit a Class B or Class A felony;

(b) The defendant is in need of correctional treatment that can be provided

most effectively by commitment to a correctional institution; or

(c) A disposition under this chapter will unduly depreciate the seriousness of

the defendant's crime.

(4) The court shall not determine that there is a likelihood that the defendant will

commit a Class C or Class D felony based upon the defendant's risk and needs

assessment and the fact that:

(a) The defendant has never been convicted of, pled guilty to, or entered an

Alford plea to a felony offense;

(b) If convicted of, having pled guilty to, or entered an Alford plea to a felony

offense, the defendant successfully completed probation more than ten

(10) years immediately prior to the date of the commission of the felony

for which the defendant is now being sentenced and has had no

intervening convictions, pleas of guilty, or Alford pleas to any criminal

offense during that period; or

(c) The defendant has been released from incarceration for the commission

of a felony offense more than ten (10) years immediately prior to the date

of the commission of the felony for which the defendant is now being

sentenced and has had no intervening convictions, pleas of guilty, or

Alford pleas to any criminal offense during that period.

(5) In making a determination under subsection (4) of this section, the court may

determine that the greater weight of the evidence indicates that there is a

likelihood that the defendant will commit a Class C or Class D felony.

(6) Upon initial sentencing of a defendant or upon modification or revocation of

probation, when the court deems it in the best interest of the public and the

defendant, the court may order probation with the defendant to serve one (1) of

the following alternative sentences:

(a) To a halfway house for no more than twelve (12) months;

(b) To home incarceration with or without work release for no more than

twelve (12) months;

(c) To jail for a period not to exceed twelve (12) months with or without work

release, community service and other programs as required by the court;

(d) To a residential treatment program for the abuse of alcohol or controlled

substances;

(e) To a reentry center for no more than twelve (12) months; or

(f) To any other specified counseling program, rehabilitation or treatment

program, or facility.

(7) If during the term of the alternative sentence the defendant fails to adhere to

and complete the conditions of the alternative sentence, the court may modify

the terms of the alternative sentence or may modify or revoke probation and

alternative sentence and commit the defendant to an institution.

(8) In addition to those conditions that the court may impose, the conditions of

alternative sentence shall include the following and, if the court determines that

the defendant cannot comply with them, then they shall not be made available:

(a) A defendant sentenced to a halfway house shall:

1. Be working or pursuing his or her education or be enrolled in a

full-time treatment program;

2. Pay restitution during the term of probation; and

3. Have no contact with the victim of the defendant's crime;

(b) A defendant sentenced to home incarceration shall:

1. Be employed by another person or self-employed at the time of

sentencing to home incarceration and continue the employment

throughout the period of home incarceration, unless the court

determines that there is a compelling reason to allow home

incarceration while the defendant is unemployed;

2. Pay restitution during the term of home incarceration;

3. Enter a treatment program, if appropriate;

4. Pay all or some portion of the cost of home incarceration as

determined by the court;

5. Comply with other conditions as specified; and

6. Have no contact with the victim of the defendant's crime;

(c) A defendant sentenced to jail with community service shall:

1. Pay restitution during all or some part of the defendant's term of

probation; and

2. Have no contact with the victim of the defendant's crime;

(d) A defendant sentenced to a residential treatment program for drug and

alcohol abuse shall:

1. Undergo mandatory drug screening during term of probation;

2. Be subject to active, supervised probation for a term of five (5)

years;

3. Undergo aftercare as required by the treatment program;

4. Pay restitution during the term of probation; and

5. Have no contact with the victim of the defendant's crime; or

(e) A defendant sentenced to a reentry center shall:

1. Be employed in the community or working in a vocational program

at the reentry center;

2. Be enrolled in a treatment program;

3. Pay restitution, fees, and fines during the term of probation; and

4. Comply with other conditions as specified.

(9) When the court deems it in the best interest of the defendant and the public,

the court may order the person to work at community service related projects

under the terms and conditions specified in KRS 533.070. Work at community

service related projects shall be considered as a form of conditional discharge.

(10) Probation with alternative sentence shall not be available as set out in KRS

532.045 and 533.060, except as provided in KRS 533.030(6).

(11) The court may utilize a community corrections program authorized or funded

under KRS Chapter 196 to provide services to any person released under this

section.

(12) When the court deems it in the best interest of the defendant and the public,

the court may order the defendant to placement for probation monitoring by a

private agency. The private agency shall report to the court on the defendant's

compliance with his or her terms of probation or conditional discharge. The

defendant shall be responsible for any reasonable charges which the private

agency charges.

(13) The jailer in each county incarcerating Class C or D felons may deny work

release privileges to any defendant for violating standards of discipline or other

jail regulations. The jailer shall report the action taken and the details of the

violation on which the action was based to the court of jurisdiction within five

(5) days of the violation.

(14) The Department of Corrections shall, by administrative regulation, develop

written criteria for work release privileges granted under this section.

(15) Reimbursement of incarceration costs shall be paid 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.

(16) The court shall enter into the record written findings of fact and conclusions of

law when considering implementation of any sentence under this section.