KRS 533.020: Probation and conditional discharge.

(1) When a person who has been convicted of an offense or who has entered a plea of

guilty to an offense is not sentenced to imprisonment, the court shall place him or

her on probation if he or she is in need of the supervision, guidance, assistance, or

direction that the probation service can provide. Conditions of probation shall be

imposed as provided in KRS 533.030, but the court may modify or enlarge the

conditions or, if the defendant commits an additional offense or violates a

condition, revoke the sente nce at any time prior to the expiration or termination of

the period of probation. When setting conditions under this subsection, the court

shall not order any defendant to pay incarceration costs or any other cost permitted

to be ordered under KRS 533.010 or other statute, except restitution and any costs

owed to the Department of Corrections, through the circuit clerk.

(2) When a person who has been convicted of an offense or who has entered a plea of

guilty to an offense is not sentenced to imprisonment, the court may sentence him

or her to probation with an alternative sentence if it is of the opinion that the

defendant should conduct himself or herself according to conditions determined by

the court and that probationary supervision alone is insufficien t. The court may

modify or enlarge the conditions or, if the defendant commits an additional offense

or violates a condition, revoke the sentence at any time prior to the expiration or

termination of the alternative sentence.

(3) When a person who has been convicted of an offense or who has entered a plea of

guilty to an offense is not sentenced to imprisonment, the court may sentence him

or her to conditional discharge if it is of the opinion that the defendant should

conduct himself or herself according t o conditions determined by the court but that

probationary supervision is inappropriate. Conditions of conditional discharge shall

be imposed as provided in KRS 533.030, but the court may modify or enlarge the

conditions or, if the defendant commits an add itional offense or violates a

condition, revoke the sentence at any time prior to the expiration or termination of

the period of conditional discharge.

(4) (a) The period of probation, probation with an alternative sentence, or conditional

discharge shall be fixed by the court and at any time may be extended or

shortened by a duly entered court order or as modified by the Department of

Corrections through the application of probation program credits under KRS

439.268.

(b) 1. Any period of supervision impose d under paragraph (a) of this

subsection, with extensions thereof, shall not exceed five (5) years, or

the time necessary to complete restitution, whichever is longer, upon

conviction of a felony, nor two (2) years, or the time necessary to

complete restit ution, whichever is longer, upon conviction of a

misdemeanor.

2. If a violation of any condition imposed by the court during a period of

supervision imposed under paragraph (a) of this subsection is alleged to

have occurred within the last sixty (60) days of the period of

supervision, the court shall have sixty (60) days after the expiration of

the period of supervision imposed under paragraph (a) of this subsection

to determine if a violation occurred and the appropriate action for the

violation.

(c) 1. If a defendant who is subject to a period of supervision under paragraph

(a) of this subsection is alleged to have committed a violation of the

conditions imposed by the court, and a warrant has been issued by the

court based on an allegation of that violati on, the time between the

issuance of the warrant and the defendant's first appearance before the

court after service of that warrant shall be tolled and not count towards

any period of supervision imposed under paragraph (a) of this

subsection, unless the court finds that the defendant did not violate any

condition imposed by the court.

2. The court shall have sixty (60) days after the defendant's first

appearance to schedule and complete any proceedings related to an

alleged violation described in subparagraph 1. of this paragraph.

(d) Upon completion of the probationary period, probation w ith an alternative

sentence, or the period of conditional discharge, the defendant shall be

deemed finally discharged, provided no warrant issued by the court is pending

against him or her, and probation, probation with an alternative sentence, or

conditional discharge has not been revoked.

(5) Notwithstanding the fact that a sentence to probation, probation with an alternative

sentence, or conditional discharge can subsequently be modified or revoked, a

judgment that includes such a sentence shall constitu te a final judgment for

purposes of appeal.