{"data":{"id":"us-ky/krs-439.267","jurisdiction":"us-ky","citation":"KRS 439.267","heading":"Shock probation in misdemeanor convictions -- Procedure -- Exercise of","body":"authority -- Availability for sexual offenders.\n(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District\nCourt, or any Circuit Court with respect to a defendant convicted in Circuit Court of\na misdemeanor, may, upon motion of the defendant made not earlier than thirty (30)\ndays after the defendant has been delivered to the keeper of the institution to which\nhe has been sentenced, suspend the further e xecution of the sentence and place the\ndefendant on probation upon terms as the court determines.\n(2) The court shall consider any motion filed in accordance with subsection (1) of this\nsection within sixty (60) days of the filing date of that motion, and shall enter its\nruling within ten (10) days after considering the motion. The defendant may, in the\ndiscretion of the trial court, have the right to a hearing on any motion he may file, or\nhave filed for him, that would suspend further execution of sentenc e. Any court\norder granting or denying a motion to suspend further execution of sentence is not\nreviewable.\n(3) The authority granted in this section shall be exercised by the judge who imposed\nsentence on the defendant, unless he is unable to act and it a ppears that his inability\nto act should continue beyond the expiration of the term of the court. In this case,\nthe judge who imposed sentence shall assign a judge to dispose of a motion filed\nunder this section, or as prescribed by the rules and practices concerning the\nresponsibility for disposition of criminal matters.\n(4) If the defendant has been convicted of a misdemeanor offense under KRS Chapter\n510, or criminal attempt to commit any of these offenses under KRS 506.010, prior\nto considering the motio n to suspend the sentence, the court may, for a\nmisdemeanor offense specified herein, and shall, for any felony offense specified in\nthis subsection order an evaluation of the defendant to be conducted by the sex\noffender treatment program operated or appr oved by the Department of Corrections\nor the Department for Behavioral Health, Developmental and Intellectual\nDisabilities. The evaluation shall provide to the court a recommendation related to\nthe risk of a repeat offense by the defendant and the defendan t's amenability to\ntreatment, and shall be considered by the court in determining whether to suspend\nthe sentence. If the court suspends the sentence and places the defendant on\nprobation, the provisions of KRS 532.045(3) to (7) shall apply.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40842","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"852a658eb39cb7d5e2190e587af86cdd2f01ecc61c4ab0368ae669693263b27d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.265","next":"us-ky/krs-439.268"},"notice":"GroundRules: Original legal text. Not legal advice."}