{"data":{"id":"us-ky/krs-439.3402","jurisdiction":"us-ky","citation":"KRS 439.3402","heading":"Exemption from KRS 439.3401 for victims of domestic violence and abuse","body":"-- Procedures -- Effect.\n(1) Any violent offender as defined in KRS 439.3401 who was convicted prior to July\n14, 1992, who claims to come within the definitions of KRS 503.050 and  533.060\nand the purview of this section as the victim of domestic violence and abuse may be\nexempt from KRS 439.3401 under the conditions set forth in this section.\n(2) (a) The offender shall file a motion in the Circuit Court in which the offender was\nconvicted stating the facts which qualify the offender for exemption under this\nsection.\n(b) The motion shall state whether the offender requests an evidentiary hearing, or\nwhether the offender relies on the record of evidence already on file with the\nCircuit Court.\n(c) If the offender requests an evidentiary hearing the motion shall state what\nwitnesses the offender wishes to testify and a brief summary of each witness'\nexpected testimony.\n(d) The motion shall state whether the offender wishes the court to a ppoint\ncounsel to represent the offender or what attorney, if any, will represent the\noffender at the hearing. The appointment of counsel by the court shall be\nmade in conformity with the provisions of KRS Chapter 31.\n(3) (a) The Commonwealth shall respond to the motion within twenty (20) days after\nthe motion was filed.\n(b) If the Commonwealth requests an evidentiary hearing and the offender did\nnot, the Commonwealth's response shall state what witnesses and evidence the\nCommonwealth intends to introduce.\n(c) The Commonwealth may stipulate to the offender's evidence stated in the\nmotion in lieu of the evidentiary hearing.\n(4) The Circuit Court shall hold any evidentiary hearing within thirty (30) days after the\nCommonwealth's response was filed, or if the C ommonwealth did not respond,\nwithin sixty (60) days.\n(5) The Circuit Court shall issue findings of fact and an order ruling upon the motion\nwithin thirty (30) days after the evidentiary hearing, or if no hearing was held,\nwithin sixty (60) days after the C ommonwealth's response was filed or due to be\nfiled.\n(6) The order of the Circuit Court may be appealed in the manner as authorized for\njudgments in criminal cases.\n(7) Only one (1) motion under this section may be filed by the same offender regarding\nthe same conviction.\n(8) The effect of granting a motion under this section is to remove the status as a\nviolent offender for the offense for which the motion was filed and permit the\noffender to be eligible for parole in the manner specified in KRS 439.340.","path":["KRS Chapter 439"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19172","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:53Z","sha256":"bb900697f1bf920e406b0a11cab12a6ad87c8427d901c77d1792cfbf441f720f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-439.3401","next":"us-ky/krs-439.3403"},"notice":"GroundRules: Original legal text. Not legal advice."}