KRS 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 histo ry, character, and condition of the

defendant, including whether the defendant is a caretaker, 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 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, n ature and

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

defendant, including whether the defendant is a caretaker, 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 ris k 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 depr eciate 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 having 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 convicti ons, 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) In determining whether a defendant is a caretaker as described in subsections (2)

and (3) of this section, the court shall consider evidence presented to the court that

the defendant:

(a) Has consi stently assumed responsibility for the housing, health, education,

safety, or support of a dependent child, family member, or any other person

identified by the court as being reliant on the defendant for support; or

(b) Is a woman who has given birth to a child while awaiting her sentencing

hearing, or who remains pregnant while awaiting her sentencing hearing.

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

probation, when the court deems it in the best interest of the pub lic 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, including but not limited to one (1) or more of the

following:

1. Substance use disorder treatment and prevention services;

2. Domestic violence education and prevention services;

3. Child abuse treatment and prevention services;

4. Parenting classes;

5. Anger management;

6. Vocational and educational training;

7. Targeted case management services that assist with access to

transportation and affordable and safe housing;

8. Literacy and financial literacy training;

9. Individual counseling and therapy;

10. Family counseling when there is no known history of family or intimate

partner violence;

11. Referral to local domestic violence resources for voluntary participation;

and

12. Restorative practices designed to make the participant accountable to the

victim, when there is an identified victim and when it is safe to do so.

(8) 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.

(9) 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 deter mined

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.

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

court may order the defendant to work at community service related projects under

the terms and conditions specified in KRS 533.070. Work at com munity service

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

(11) 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).

(12) 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.

(13) 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.

(14) The jailer in each county incarcerating Class C or D f elons 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 wi thin five (5) days of the

violation.

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

criteria for work release privileges granted under this section.

(16) Reimbursement of incarceration costs shall be paid directly t o 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.

(17) The court shall enter into the record written findings of fact and conclusions of la w

when considering implementation of any sentence under this section.