KRS 533.070: Sentencing of defendant to work at community service related projects.

(1) In any case where imprisonment is an authorized penalty and where imprisonment

is not required by the statute relating to the crime committed, a court may, as a form

of conditional discharge, sentence the defendant to work at community service

related projects subject to the following terms and conditions:

(a) As used in this section, "community service related project" means work for

the state or an agency thereof, for a county, urban -county government, city,

special district, or an agency thereof or for a nonreligious-sponsored nonprofit,

charitable, or service organization. Work on a community service related

project shall not confer a private benefit on a person except as may be

incidental to the public benefit.

(b) Before a defendant may be sentenced to a particular community service

related project, the director of the agency or unit of government, or his

designee, shall approve or disapprove, in writing, the defendant's work for that

agency or unit of government. If the designated person refuses to acc ept the

defendant, he shall not be sentenced to work for that agency. If possible,

another agency shall be found which will accept the defendant. If no agency

accepts the defendant, he shall be resentenced to an appropriate sentence

authorized by law.

(c) No defendant shall be sentenced to unduly hazardous work that would

endanger the life or health of the defendant or others.

(d) Any defendant may, for valid medical reason, decline to work on community

service related projects. In this case, he shall be se ntenced to another penalty

authorized by law.

(e) The order of the sentencing court shall specify the agency for which the

defendant shall work, the manner in which the defendant shall be worked, and

the terms and conditions thereof. The agency shall provi de the court with

reports as to the defendant's labor and compliance with the terms of the

sentence.

(f) If insurance is available, a defendant may pay the cost of health and accident

insurance for the time he is engaged in a community service related proj ect.

This subsection shall not apply when the defendant has such insurance, if the

defendant does not desire to obtain insurance or if insurance is either

unavailable or beyond the means of the defendant to pay. The

Commonwealth, a unit of government, a special district, or agency for which a

defendant engages in community service related work shall not be liable for

accidents, or medical, health, or other costs incurred by the defendant.

(g) Participation in community services related projects shall not be deemed

employment for any purpose, and the defendant shall not be deemed an

employee or agent of the entity for which he performs the community service

work.

(h) If a defendant fails, without good cause, to show for work and labor according

to the conditi ons of his sentence, the agency for which he is working shall

immediately report his failure to show for work or to work in accordance with

the conditions of this sentence to the court.

(2) If the defendant fails to show for work, fails to labor in accorda nce with the

conditions of his sentence, or is terminated from his community service related

work for any reason, the court shall hold a hearing to determine the cause of the

noncompliance and may, if the noncompliance is the fault of the defendant,

resentence the defendant to a penalty or combination of penalties authorized for the

commission of the offense. If the noncompliance is not caused by the defendant or

the defendant has a legitimate reason therefor, the court may find another agency or

unit of go vernment for which the defendant may labor or, regardless of the reason

for noncompliance, continue the defendant in the community service related work

program.

(3) The length of time a defendant may be sentenced to a community service related

work program shall not exceed:

(a) The length of the maximum imprisonment which is authorized for the

commission of the offense, and in no case shall exceed five (5) years

regardless of how many days the defendant works during that time.

(b) Ninety (90) days in the ca se of an offense for which a fine only or some

penalty other than imprisonment is authorized. A day shall mean a calendar

day or combination thereof during which the defendant engages in eight (8)

hours of labor at a community service related work program.

(4) While a prisoner may be sentenced to labor less time during a day, no prisoner shall

be sentenced to work more than eight (8) hours in any one (1) day. While a prisoner

may be sentenced to labor less time during a week, no prisoner shall be sentenced to

work more than five (5) days during any one (1) week.

(5) The Administrative Office of the Courts shall, with the approval of the Supreme

Court, print and distribute all forms necessary for the community service related

work program authorized by this section.

(6) A court sentencing a defendant to a community ser vice related work program shall,

where possible, preserve the ordinary employment or educational programs in

which the defendant is engaged by sentencing him to work at times other than those

in which he is engaged in his regular employment or education.