Title L, Kentucky Penal Code

sentencing. The court in sentencing a person convicted of a felony, shall be authorized to run the sentence concurrent with any federal sentence received by that defendant for a federal crime and any sentence received by that defendant in another state for a felony offense. The t…

Department of Corrections. (1) An indeterminate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the Department of Corrections. When a person is under more than one (1) indeterminate sentence, the sentences shall be calc…

(1) An adult, or a minor under eighteen (18) years of age who may be tried as an adult, convicted of a crime and subject to sentencing, is referred to in this section and KRS 532.135 and 532.140 as a defendant. (2) A defendant with significant subaverage intellectual functioning …

or serious mental illness. (1) At least one hundred twenty (120) days before trial, the defendant shall file a motion with the trial court wherein the defendant may allege that he or she is a defendant with a serious intellectual disability or a defendant with serious mental illn…

subject to execution -- Authorized sentences. (1) KRS 532.010, 532.025, and 532.030 to the contrary notwithstanding, a defendant who has been determined to be a defendant with a serious intellectual disability or a defendant with serious mental illness under KRS 532.135 shall not…

(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under K…

(1) If the criminal garnishment is made upon the convicted person's earnings, the order of garnishment shall be a lien upon the earnings from the date of service on the garnishee until an order discontinuing the lien is entered. A convicted person may challenge the garnishment by…

(1) Any convicted person owing fines, court costs, restitution, or reimbursement before or after his release from incarceration shall be subject to a lien upon his interest, present or future, in any real property. (2) The real property lien shall be filed in the circuit clerk's …

(1) If the garnishee holds property or moneys of the defendant, the garnishee shall immediately transfer the property or moneys to the person or official named in the garnishment. (2) If the garnishee holds personal property or stock of the defendant, the court shall hold the per…

order. If a garnishee fails to comply with the terms of the order of criminal garnishment within thirty (30) days after its issuance, the attorney for the Commonwealth may move the court to order the garnishee to show cause why he should not be held in contempt. If the court find…

As used in KRS 532.210 to 532.250, unless the context otherwise requires: (1) "Home" means the temporary or permanent residence of a defendant consisting of the actual living area. If more than one (1) residence or family is located on a single piece of property, "home" does not …

(1) Any misdemeanant or a felon who has not been convicted of, pled guilty to, or entered an Alford plea to a violent felony offense may petition the sentencing court for an order directing that all or a portion of a sentence of imprisonment in the county jail be served under con…

The conditions of home incarceration shall include the following: (1) The home incarceree shall be confined to his home at all times except when: (a) Working at approved employment or traveling directly to and from such employment; (b) Seeking employment; (c) Undergoing available…

No person being held under a detainer, warrant, or process issued by some other jurisdiction shall be eligible for home incarceration. No person convicted of a violent felony offense shall be eligible for home incarceration.

Any person serving his sentence under conditions of home incarceration shall be responsible for his food, housing, clothing, and medical care expenses, and shall be eligible for government benefits to the same extent as a person on probation, parole, postincarceration supervision…

(1) Time spent in pretrial home incarceration pursuant to KRS 431.517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Notwithstanding KRS 532.200, a defendant who spent time in pretrial home incarceration pursuant to KRS 431.5…

At least once every thirty (30) days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home incarceration in their jurisdictions. This list shall include the following information: (1) The prisoner's place of…

felons -- Eligibility -- Consequence of violation -- Administrative regulations. (1) Any Class C or Class D felon who is serving a sentence in a state-operated prison, contract facility, or county jail shall, at the discretion of the commissioner, be eligible to serve the remaind…

conditional release. When considering appropriate housing for a prisoner who is considered for or who is granted conditional release pursuant to KRS 532.260, the Department of Corrections shall approve any form of acceptable housing, including but not limited to apartments, shelt…

race -- Procedures for dealing with claims. (1) No person shall be subject to or given a sentence of death that was sought on the basis of race. (2) A finding that race was the basis of the decision to seek a death sentence may be established if the court finds that race was a si…

KRS 532.300 shall not apply to sentences imposed prior to July 15, 1998.

KRS 532.300 to 532.309 shall be cited as the Kentucky Racial Justice Act.

As used in this chapter: (1) (a) "Restitution" means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act; (b) "Reimbursemen…

(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense to reimburse the state or local government for the costs of his incarce…

(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment by reason of indigency, but a prisoner may be required to pay for medical treatment…

operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses. (1) Upon a person's conviction and sentencing for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense, and, for the purpos…

Any prisoner who has completed his sentence in a county or regional jail or under condition of home incarceration shall, from the day incarceration ceases and within the time and amount designated by the sentencing court, pay restitution to his victim and reimbursement for his in…

(1) In addition to the penalties authorized by law, any person who: (a) Is convicted of a capital offense or a Class A felony; (b) Has a maximum or close security classification as defined by administrative regulations promulgated by the department; or (c) Is not eligible for par…

private agency -- Work release. (1) Any person who has been convicted of a crime and who has not been sentenced to death may be sentenced to probation, probation with an alternative sentencing plan, or conditional discharge as provided in this chapter. (2) Before imposition of a …

Whenever a statute mentions probation, shock probation, conditional discharge, home incarceration, or other form of alternative to incarceration, that alternative may include a community-based, faith-based, charitable, church-sponsored, or nonprofit residential or nonresidential …

(1) As used in this section: (a) "County jail" means all detention and penal facilities of a county, charter county, urban-county government, unified local government, or consolidated local government for adult offenders, together with all its rehabilitative facilities for adult …

(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 probati…

jail -- Payment of work release fees to jailer and deduction from department's payment -- Department's custody of prisoner for specified medical conditions. (1) When a person is convicted of, pleads guilty to, or enters an Alford plea to a felony offense and is sentenced to jail …

(1) The conditions of probation and conditional discharge shall be such as the court, in its discretion, deems reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him or her to do so. The court shall provide as an explicit condition of ever…

(1) A period of probation or conditional discharge commences on the day it is imposed. Multiple periods, whether imposed at the same or different times, run concurrently. (2) If a court, as authorized by law, determines that a defendant violated the conditions of his probation or…

hearing -- Exception under KRS 439.3108. (1) At any time before the discharge of the defendant or the termination of the sentence of probation or conditional discharge: (a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding…

felonies. (1) When a person has been convicted of an offense or has entered a plea of guilty to an offense classified as a Class A, B, or C felony and the commission of the offense involved the use of a weapon from which a shot or projectile may be discharged that is readily capa…

of offense. Any person who was found guilty of a felony offense under KRS Chapters 218A, 507, 508, 509, 511, or 513, or KRS 237.040, 514.100, 525.020, 525.030, 527.040, 527.070, 527.100, or theft of a motor vehicle under KRS 514.030, and who was wearing body armor and was armed w…

(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 …

graduation certificate or High School Equivalency Diploma -- Exceptions for an individual with a severe intellectual disability. (1) A person convicted of a misdemeanor or violation who has not received a graduation certificate from high school or has not obtained a High School E…

(1) The program described in KRS 533.200 shall be administered by the Office of Adult Education within the Department of Workforce Development in the Education and Labor Cabinet, which shall promulgate administrative regulations, pursuant to KRS Chapter 13A, relative to the condu…

Any person sentenced to the reading skills improvement program specified in KRS 533.200 who fails to successfully complete the program within the time specified, who fails to attend as required, or fails to make progress toward successful completion, shall be reported to the sent…

(1) A pretrial diversion program shall be operated in each judicial circuit. The chief judge of each judicial circuit, in cooperation with the Commonwealth's attorney, shall submit a plan for the pretrial diversion program to the Supreme Court for approval on or before December 1…

with a history of substance abuse. (1) Every pretrial diversion program shall set as a condition precedent for entry into the program that any defendant charged with a Class D felony offense under KRS Chapter 218A and any defendant charged with a Class D felony offense whose crim…

for pretrial diversion. When considering an application for pretrial diversion, the attorney for the Commonwealth shall: (1) Have a criminal record check made to ascertain if the person is eligible for pretrial diversion. (2) Interview the victim of the crime, if there is an iden…

(1) The provisions of KRS 533.020 relating to the period of probation shall, in so far as possible, be applicable to the period of pretrial diversion except that supervision of the participants in the programs shall be done by the Division of Probation and Parole. (2) The provisi…

(1) If the defendant fails to complete the provisions of the pretrial diversion agreement within the time specified, or is not making satisfactory progress toward the completion of the provisions of the agreement, the Division of Probation and Parole, the victim, or a peace offic…

(1) If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as "dismissed-diverted" and shall not constitute a criminal conviction. (2) The defendant shall not be required to list this dispositi…

The Supreme Court of Kentucky shall, by rule, determine all forms and other matters necessary for the proper administration of the pretrial diversion program.

(1) The pretrial diversion program authorized by KRS 533.250 to 533.260 shall be the sole program utilized in the Circuit Courts of the Commonwealth except for drug court diversion as approved by the Supreme Court and the Department of Corrections. (2) As of July 15, 1998, the on…