{"data":{"id":"us-ky/krs-533.010","jurisdiction":"us-ky","citation":"KRS 533.010","heading":"Criteria for utilizing chapter -- Alternative sentences -- Monitoring by","body":"private agency -- Work release.\n(1) Any person who has been convicted of a crime and who has not been sentenced to\ndeath may be sentenced to probation, probation with an  alternative sentencing plan,\nor conditional discharge as provided in this chapter.\n(2) Before imposition of a sentence of imprisonment, the court shall consider\nprobation, probation with an alternative sentencing plan, or conditional discharge.\nUnless the  defendant is a violent felon as defined in KRS 439.3401 or a statute\nprohibits probation, shock probation, or conditional discharge, after due\nconsideration of the defendant's risk and needs assessment, nature and\ncircumstances of the crime, and the histo ry, character, and condition of the\ndefendant, including whether the defendant is a caretaker, probation or conditional\ndischarge shall be granted, unless the court is of the opinion that imprisonment is\nnecessary for protection of the public because:\n(a) There is substantial risk that during a period of probation or conditional\ndischarge the defendant will commit another crime;\n(b) The defendant is in need of correctional treatment that can be provided most\neffectively by commitment to a correctional institution; or\n(c) A disposition under this chapter will unduly depreciate the seriousness of the\ndefendant's crime.\n(3) In the event the court determines that probation is not appropriate after due\nconsideration of the defendant's risk and needs assessment, n ature and\ncircumstances of the crime, and the history, character, and condition of the\ndefendant, including whether the defendant is a caretaker, probation with an\nalternative sentencing plan shall be granted unless the court is of the opinion that\nimprisonment is necessary for the protection of the public because:\n(a) There is a likelihood that during a period of probation with an alternative\nsentencing plan or conditional discharge the defendant will commit a Class D\nor Class C felony or a substantial ris k that the defendant will commit a Class\nB or Class A felony;\n(b) The defendant is in need of correctional treatment that can be provided most\neffectively by commitment to a correctional institution; or\n(c) A disposition under this chapter will unduly depr eciate the seriousness of the\ndefendant's crime.\n(4) The court shall not determine that there is a likelihood that the defendant will\ncommit a Class C or Class D felony based upon the defendant's risk and needs\nassessment and the fact that:\n(a) The defendant has never been convicted of, pled guilty to, or entered an\nAlford plea to a felony offense;\n(b) If convicted of, having pled guilty to, or having entered an Alford plea to a\nfelony offense, the defendant successfully completed probation more than ten\n(10) years immediately prior to the date of the commission of the felony for\nwhich the defendant is now being sentenced and has had no intervening\nconvictions, pleas of guilty, or Alford pleas to any criminal offense during\nthat period; or\n(c) The defendant has been released from incarceration for the commission of a\nfelony offense more than ten (10) years immediately prior to the date of the\ncommission of the felony for which the defendant is now being sentenced and\nhas had no intervening convicti ons, pleas of guilty, or Alford pleas to any\ncriminal offense during that period.\n(5) In making a determination under subsection (4) of this section, the court may\ndetermine that the greater weight of the evidence indicates that there is a likelihood\nthat the defendant will commit a Class C or Class D felony.\n(6) In determining whether a defendant is a caretaker as described in subsections (2)\nand (3) of this section, the court shall consider evidence presented to the court that\nthe defendant:\n(a) Has consi stently assumed responsibility for the housing, health, education,\nsafety, or support of a dependent child, family member, or any other person\nidentified by the court as being reliant on the defendant for support; or\n(b) Is a woman who has given birth to a  child while awaiting her sentencing\nhearing, or who remains pregnant while awaiting her sentencing hearing.\n(7) Upon initial sentencing of a defendant or upon modification or revocation of\nprobation, when the court deems it in the best interest of the pub lic and the\ndefendant, the court may order probation with the defendant to serve one (1) of the\nfollowing alternative sentences:\n(a) To a halfway house for no more than twelve (12) months;\n(b) To home incarceration with or without work release for no more than twelve\n(12) months;\n(c) To jail for a period not to exceed twelve (12) months with or without work\nrelease, community service and other programs as required by the court;\n(d) To a residential treatment program for the abuse of alcohol or controlled\nsubstances;\n(e) To a reentry center for no more than twelve (12) months; or\n(f) To any other specified counseling program, rehabilitation or treatment\nprogram, or facility, including but not limited to one (1) or more of the\nfollowing:\n1. Substance use disorder treatment and prevention services;\n2. Domestic violence education and prevention services;\n3. Child abuse treatment and prevention services;\n4. Parenting classes;\n5. Anger management;\n6. Vocational and educational training;\n7. Targeted case management services that assist with access to\ntransportation and affordable and safe housing;\n8. Literacy and financial literacy training;\n9. Individual counseling and therapy;\n10. Family counseling when there is no known history of family or intimate\npartner violence;\n11. Referral to local domestic violence resources for voluntary participation;\nand\n12. Restorative practices designed to make the participant accountable to the\nvictim, when there is an identified victim and when it is safe to do so.\n(8) If during the term of the alternative sentence the defendant fails to adhere to and\ncomplete the conditions of the alternative sentence, the court may modify the terms\nof the alternative sentence or may modify or revoke probation and alternative\nsentence and commit the defendant to an institution.\n(9) In addition to those conditions that the court may impose, the conditions of\nalternative sentence shall include the following and, if the court determines that the\ndefendant cannot comply with them, then they shall not be made available:\n(a) A defendant sentenced to a halfway house shall:\n1. Be working or pursuing his or her education or be enrolled in a full -time\ntreatment program;\n2. Pay restitution during the term of probation; and\n3. Have no contact with the victim of the defendant's crime;\n(b) A defendant sentenced to home incarceration shall:\n1. Be employed by another person or self -employed at the time of\nsentencing to home incarceration and continue the employment\nthroughout the period of home incarceration, unless the court determines\nthat there is a compelling reason to allow home incarceration while the\ndefendant is unemployed;\n2. Pay restitution during the term of home incarceration;\n3. Enter a treatment program, if appropriate;\n4. Pay all or some portion of the cost of home incarceration as deter mined\nby the court;\n5. Comply with other conditions as specified; and\n6. Have no contact with the victim of the defendant's crime;\n(c) A defendant sentenced to jail with community service shall:\n1. Pay restitution during all or some part of the defendant's  term of\nprobation; and\n2. Have no contact with the victim of the defendant's crime;\n(d) A defendant sentenced to a residential treatment program for drug and alcohol\nabuse shall:\n1. Undergo mandatory drug screening during term of probation;\n2. Be subject to active, supervised probation for a term of five (5) years;\n3. Undergo aftercare as required by the treatment program;\n4. Pay restitution during the term of probation; and\n5. Have no contact with the victim of the defendant's crime; or\n(e) A defendant sentenced to a reentry center shall:\n1. Be employed in the community or working in a vocational program at\nthe reentry center;\n2. Be enrolled in a treatment program;\n3. Pay restitution, fees, and fines during the term of probation; and\n4. Comply with other conditions as specified.\n(10) When the court deems it in the best interest of the defendant and the public, the\ncourt may order the defendant to work at community service related projects under\nthe terms and conditions specified in KRS 533.070. Work at com munity service\nrelated projects shall be considered as a form of conditional discharge.\n(11) Probation with alternative sentence shall not be available as set out in KRS 532.045\nand 533.060, except as provided in KRS 533.030(6).\n(12) The court may utilize a community corrections program authorized or funded under\nKRS Chapter 196 to provide services to any person released under this section.\n(13) When the court deems it in the best interest of the defendant and the public, the\ncourt may order the defendant to placement for probation monitoring by a private\nagency. The private agency shall report to the court on the defendant's compliance\nwith his or her terms of probation or conditional discharge. The defendant shall be\nresponsible for any reasonable charges which the private agency charges.\n(14) The jailer in each county incarcerating Class C or D f elons may deny work release\nprivileges to any defendant for violating standards of discipline or other jail\nregulations. The jailer shall report the action taken and the details of the violation\non which the action was based to the court of jurisdiction wi thin five (5) days of the\nviolation.\n(15) The Department of Corrections shall, by administrative regulation, develop written\ncriteria for work release privileges granted under this section.\n(16) Reimbursement of incarceration costs shall be paid directly t o the jailer in the\namount specified by written order of the court. Incarceration costs owed to the\nDepartment of Corrections shall be paid through the circuit clerk.\n(17) The court shall enter into the record written findings of fact and conclusions of la w\nwhen considering implementation of any sentence under this section.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57565","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"050dfb86beb9a4e6545c67a2e3a7e98c8c0e63fd8a0fb78c3a7c37b91cb4800f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.400","next":"us-ky/krs-533.015"},"notice":"GroundRules: Original legal text. Not legal advice."}