# KRS § 533.030: 533.030 Conditions of probation and conditional discharge -- Restitution to victim > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.030 ## Section - **Citation:** KRS § 533.030 - **Heading:** 533.030 Conditions of probation and conditional discharge -- Restitution to victim - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title L / Chapter 533 / Section 533.030 ## Text 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. ## Nearby sections - [KRS § 533.010 533.010 Criteria for utilizing chapter -- Alternative sentences -- Monitoring by private agency -- Work release](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.010.md) - [KRS § 533.015 533.015 Alternatives to incarceration](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.015.md) - [KRS § 533.017 533.017 Sentence to local day reporting program](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.017.md) - [KRS § 533.020 533.020 Probation and conditional discharge](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.020.md) - [KRS § 533.025 533.025 Rate of payment by department to county for incarceration of persons in jail -- Payment of work release fees to jailer and deduction from department's payment -- Department's custody of prisoner for specified medical conditions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.025.md) - [KRS § 533.030 533.030 Conditions of probation and conditional discharge -- Restitution to victim](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.030.md) - [KRS § 533.040 533.040 Calculation of periods of probation and conditional discharge](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.040.md) - [KRS § 533.050 533.050 Arrest of defendant on probation or conditional discharge -- Notice and hearing -- Exception under KRS 439.3108](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.050.md) - [KRS § 533.060 533.060 Probation or conditional release -- Effect of use of firearm -- Other felonies](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.060.md) - [KRS § 533.065 533.065 Effect of person wearing body armor and carrying deadly weapon at time of offense](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.065.md) - [KRS § 533.070 533.070 Sentencing of defendant to work at community service related projects](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.070.md) - [KRS § 533.200 533.200 Form of sentencing for convicted persons who have not received a graduation certificate or High School Equivalency Diploma -- Exceptions for an individual with a severe intellectual disability](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.200.md) - [KRS § 533.210 533.210 Conduct of program -- Costs -- License](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.210.md) - [KRS § 533.220 533.220 Failure to complete reading skills improvement program](https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.220.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TL_C533_S533.030. 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