533.020 Probation and conditional discharge

533.020 Probation and conditional discharge.

(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 on

probation if he is in need of the supervision, guidance, assistance, or direction that

the probation service can provide. Conditions of probation shall be imposed as

provided in KRS 533.030, but the court may modify or enlarge the conditions or, if

the defendant commits an additional offense or violates a condition, revoke the

sentence at any time prior to the expiration or termination of the period of

probation. When setting conditions under this subsection, the court shall not order

any defendant to pay incarceration costs or any other cost permitted to be ordered

under KRS 533.010 or other statute, except restitution and any costs owed to the

Department of Corrections, through the circuit clerk.

(2) 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 may sentence him to

probation with an alternative sentence if it is of the opinion that the defendant

should conduct himself according to conditions determined by the court and that

probationary supervision alone is insufficient. The court may modify or enlarge the

conditions or, if the defendant commits an additional offense or violates a

condition, revoke the sentence at any time prior to the expiration or termination of

the alternative sentence.

(3) 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 may sentence him to

conditional discharge if it is of the opinion that the defendant should conduct

himself according to conditions determined by the court but that probationary

supervision is inappropriate. Conditions of conditional discharge shall be imposed

as provided in KRS 533.030, but the court may modify or enlarge the conditions or,

if the defendant commits an additional offense or violates a condition, revoke the

sentence at any time prior to the expiration or termination of the period of

conditional discharge.

(4) The period of probation, probation with an alternative sentence, or conditional

discharge shall be fixed by the court and at any time may be extended or shortened

by duly entered court order or as modified by the Department of Corrections

through the application of probation program credits under KRS 439.268. Such

period, with extensions thereof, shall not exceed five (5) years, or the time

necessary to complete restitution, whichever is longer, upon conviction of a felony

nor two (2) years, or the time necessary to complete restitution, whichever is longer,

upon conviction of a misdemeanor. Upon completion of the probationary period,

probation with an alternative sentence, or the period of conditional discharge, the

defendant shall be deemed finally discharged, provided no warrant issued by the

court is pending against him, and probation, probation with an alternative sentence,

or conditional discharge has not been revoked.

(5) Notwithstanding the fact that a sentence to probation, probation with an alternative

sentence, or conditional discharge can subsequently be modified or revoked, a

judgment which includes such a sentence shall constitute a final judgment for

purposes of appeal.