439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of authority -- Availability for sexual offenders

439.267 Shock probation in misdemeanor convictions -- Procedure -- Exercise of

authority -- Availability for sexual offenders.

(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District

Court, or any Circuit Court with respect to a defendant convicted in Circuit Court of

a misdemeanor, may, upon motion of the defendant made not earlier than thirty (30)

days after the defendant has been delivered to the keeper of the institution to which

he has been sentenced, suspend the further execution of the sentence and place the

defendant on probation upon terms as the court determines.

(2) The court shall consider any motion filed in accordance with subsection (1) of this

section within sixty (60) days of the filing date of that motion, and shall enter its

ruling within ten (10) days after considering the motion. The defendant may, in the

discretion of the trial court, have the right to a hearing on any motion he may file, or

have filed for him, that would suspend further execution of sentence. Any court

order granting or denying a motion to suspend further execution of sentence is not

reviewable.

(3) The authority granted in this section shall be exercised by the judge who imposed

sentence on the defendant, unless he is unable to act and it appears that his inability

to act should continue beyond the expiration of the term of the court. In this case,

the judge who imposed sentence shall assign a judge to dispose of a motion filed

under this section, or as prescribed by the rules and practices concerning the

responsibility for disposition of criminal matters.

(4) If the defendant has been convicted of a misdemeanor offense under KRS Chapter

510, or criminal attempt to commit any of these offenses under KRS 506.010, prior

to considering the motion to suspend the sentence, the court may, for a

misdemeanor offense specified herein, and shall, for any felony offense specified in

this subsection order an evaluation of the defendant to be conducted by the sex

offender treatment program operated or approved by the Department of Corrections

or the Department for Behavioral Health, Developmental and Intellectual

Disabilities. The evaluation shall provide to the court a recommendation related to

the risk of a repeat offense by the defendant and the defendant's amenability to

treatment, and shall be considered by the court in determining whether to suspend

the sentence. If the court suspends the sentence and places the defendant on

probation, the provisions of KRS 532.045(3) to (7) shall apply.