533.030 Conditions of probation and conditional discharge -- Restitution to victim

533.030 Conditions of probation and conditional discharge -- Restitution to victim.

(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 every sentence to probation or conditional discharge that the

defendant not commit another offense during the period for which the sentence

remains subject to revocation.

(2) When imposing a sentence of probation or conditional discharge, the court may, in

addition to any other reasonable condition, require that the defendant:

(a) Avoid injurious or vicious habits;

(b) Avoid persons or places of disreputable or harmful character;

(c) Work faithfully at suitable employment as far as possible;

(d) Undergo available medical or psychiatric treatment and remain in a specific

institution as required for that purpose;

(e) Post a bond, without surety, conditioned on performance of any of the

prescribed conditions;

(f) Support his or her dependents and meet other family responsibilities;

(g) Pay the cost of the proceeding as set by the court;

(h) Remain within a specified area;

(i) Report to the probation officer as directed;

(j) Permit the probation officer to visit him or her at his or her home or

elsewhere;

(k) Answer all reasonable inquiries by the probation officer and promptly notify

the probation officer of any change in address or employment;

(l) Submit to periodic testing for the use of controlled substances or alcohol, if

the defendant's record indicates a controlled substance or alcohol problem,

and to pay a reasonable fee, as determined by the court, which fee shall not

exceed the actual cost of the test and analysis and shall be paid directly to the

agency or agencies responsible for testing and analysis as compensation for

the cost of the testing and analysis, as specified by written order of the court,

performed under this subsection. For good cause shown, the testing fee may

be waived by the court;

(m) Use an alcohol monitoring device, as defined in KRS 431.068. All costs

associated with the device, including administrative and operating costs, shall

be paid by the defendant. If the court determines that the defendant is

indigent, and a person, county, or other organization has not agreed to pay the

costs for the defendant in an attempt to reduce incarceration expenses and

increase public safety, the court shall consider other conditions of probation or

conditional discharge provided for in this section;

(n) During all or part of the period of probation or conditional discharge,

participate in a global positioning monitoring system program operated by a

county pursuant to KRS 67.372 and 67.374 under the same terms and

conditions as provided in KRS 431.517; or

increase public safety, the court shall consider other conditions of probation or

conditional discharge provided for in this section;

(n) During all or part of the period of probation or conditional discharge,

participate in a global positioning monitoring system program operated by a

county pursuant to KRS 67.372 and 67.374 under the same terms and

conditions as provided in KRS 431.517; or

(o) Participate in a specific evidence-based program designed to reduce violence.

(3) When imposing a sentence of probation or conditional discharge in a case where a

victim of a crime has suffered monetary damage as a result of the crime due to his

or her property having been converted, stolen, or unlawfully obtained, or its value

substantially decreased as a result of the crime, or where the victim suffered actual

medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of

the crime, or where the victim incurred expenses in relocating for the purpose of the

victim's safety or the safety of a member of the victim's household, or if as a direct

result of the crime the victim incurred medical expenses that were paid by the

Cabinet for Health and Family Services, the Crime Victims Compensation Board,

or any other governmental entity, the court shall order the defendant to make

restitution in addition to any other penalty provided for the commission of the

offense. Payment of restitution to the victim shall have priority over payment of

restitution to any government agency. Restitution shall be ordered in the full

amount of the damages, unless the damages exceed one hundred thousand dollars

($100,000) or twice the amount of the gain from the commission of the offense,

whichever is greater, in which case the higher of these two (2) amounts shall be

awarded. The court may, in lieu of ordering monetary restitution, order the

defendant to make restitution by working for or on behalf of the victim. The court

shall determine the number of hours of work necessary by applying the then-

prevailing federal minimum wage to the total amount of monetary damage caused

by or incidental to the commission of the crime. The court may, with the consent of

the agency, order the defendant to work as specified in KRS 533.070. Any work

ordered pursuant to this section shall not be deemed employment for any purpose,

nor shall the person performing the work be deemed an employee for any purpose.

Where there is more than one (1) defendant or more than one (1) victim, restitution

may be apportioned. Restitution shall be subject to the following additional terms

and conditions:

(a) Where property which is unlawfully in the possession of the defendant is in

substantially undamaged condition from its condition at the time of the taking,

return of the property shall be ordered in lieu of monetary restitution;

(b) The circuit clerk shall assess an additional fee of five percent (5%) to defray

the administrative costs of collection of payments or property. This fee shall

be paid by the defendant and shall inure to a trust and agency account which

shall not lapse and which shall be used to hire additional deputy clerks and

office personnel or increase deputy clerk or office personnel salaries, or

combination thereof;

(c) When a defendant fails to make restitution ordered to be paid through the

circuit clerk or a court-authorized program run by the county attorney or the

Commonwealth's attorney, the circuit clerk or court-authorized program shall

notify the court; and

e used to hire additional deputy clerks and

office personnel or increase deputy clerk or office personnel salaries, or

combination thereof;

(c) When a defendant fails to make restitution ordered to be paid through the

circuit clerk or a court-authorized program run by the county attorney or the

Commonwealth's attorney, the circuit clerk or court-authorized program shall

notify the court; and

(d) An order of restitution shall not preclude the owner of property or the victim

who suffered personal physical or mental injury or out-of-pocket loss of

earnings or support or other damages from proceeding in a civil action to

recover damages from the defendant. A civil verdict shall be reduced by the

amount paid under the criminal restitution order.

(4) When requiring fees for controlled substances or alcohol tests, or other fees and

payments authorized by this section or other statute, except restitution, to be paid by

the defendant, the court shall not order the payments to be paid through the circuit

clerk.

(5) When a defendant is sentenced to probation or conditional discharge, he or she shall

be given a written statement explicitly setting forth the conditions under which he

or she is being released.

(6) When imposing a sentence of probation or conditional discharge, the court, in

addition to conditions imposed under this section, may require as a condition of the

sentence that the defendant submit to a period of imprisonment in the county jail or

to a period of home incarceration at whatever time or intervals, consecutive or

nonconsecutive, the court shall determine. The time actually spent in confinement

or home incarceration pursuant to this provision shall not exceed twelve (12)

months or the maximum term of imprisonment assessed pursuant to KRS Chapter

532, whichever is the shorter. Time spent in confinement or home incarceration

under this subsection shall be credited against the maximum term of imprisonment

assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional

discharge is revoked and the defendant is sentenced to imprisonment. Any

prohibitions against probation, shock probation, or conditional discharge under

KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor

or Class D felony and sentenced to a period of confinement or home incarceration

under this section.