KRS 439.3402: Exemption from KRS 439.3401 for victims of domestic violence and abuse

-- Procedures -- Effect.

(1) Any violent offender as defined in KRS 439.3401 who was convicted prior to July

14, 1992, who claims to come within the definitions of KRS 503.050 and 533.060

and the purview of this section as the victim of domestic violence and abuse may be

exempt from KRS 439.3401 under the conditions set forth in this section.

(2) (a) The offender shall file a motion in the Circuit Court in which the offender was

convicted stating the facts which qualify the offender for exemption under this

section.

(b) The motion shall state whether the offender requests an evidentiary hearing, or

whether the offender relies on the record of evidence already on file with the

Circuit Court.

(c) If the offender requests an evidentiary hearing the motion shall state what

witnesses the offender wishes to testify and a brief summary of each witness'

expected testimony.

(d) The motion shall state whether the offender wishes the court to a ppoint

counsel to represent the offender or what attorney, if any, will represent the

offender at the hearing. The appointment of counsel by the court shall be

made in conformity with the provisions of KRS Chapter 31.

(3) (a) The Commonwealth shall respond to the motion within twenty (20) days after

the motion was filed.

(b) If the Commonwealth requests an evidentiary hearing and the offender did

not, the Commonwealth's response shall state what witnesses and evidence the

Commonwealth intends to introduce.

(c) The Commonwealth may stipulate to the offender's evidence stated in the

motion in lieu of the evidentiary hearing.

(4) The Circuit Court shall hold any evidentiary hearing within thirty (30) days after the

Commonwealth's response was filed, or if the C ommonwealth did not respond,

within sixty (60) days.

(5) The Circuit Court shall issue findings of fact and an order ruling upon the motion

within thirty (30) days after the evidentiary hearing, or if no hearing was held,

within sixty (60) days after the C ommonwealth's response was filed or due to be

filed.

(6) The order of the Circuit Court may be appealed in the manner as authorized for

judgments in criminal cases.

(7) Only one (1) motion under this section may be filed by the same offender regarding

the same conviction.

(8) The effect of granting a motion under this section is to remove the status as a

violent offender for the offense for which the motion was filed and permit the

offender to be eligible for parole in the manner specified in KRS 439.340.