Kentucky SB 122: AN ACT relating to the Finance and Administration Cabinet and declaring an emergency.

Bill Text

CHAPTER 92
Legislative Research Commission PDF Version

1
CHAPTER 92
( SB 122 )
AN ACT relating to judicial proceedings.
WHEREAS, it is the intent of this Commonwealth to promote, strengthen, and encourage family life for the
protection and care of children and to maintain the family unit with an emphasis on the parent-child relationship; and
WHEREAS, the Commonwealth recognizes that parental incarceration is classified as an adverse childhood
experience. Multiple peer-reviewed studies demonstrate that adverse childhood experiences contribute to poor mental
and physical health outcomes for children and increase the likelihood that a child will become involved with the
criminal justice system; and
WHEREAS, to prevent unnecessary harm to children caused by the separation from a parent during
incarceration, alternative sentences should be considered before a parent is sentenced to a term of imprisonment; and
WHEREAS, this Act shall be interpreted to promote the family unit with an emphasis on maintaining the
parent-child relationship by providing mental health treatment, substance use disorder treatment, parenting classes,
educational or vocational training, or other services, as appropriate, while ensuring public safety, reducing
recidivism, and making any victim whole through restitution;
NOW, THEREFORE,
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 533.010 is amended to read as follows:
(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 sentence of imprisonment, the court shall consider probation, probation with an
alternative sentencing plan, or conditional discharge. Unless the defendant is a violent felon as defined in KRS
439.3401 or a statute prohibits probation, shock probation, or conditional discharge, after due consideration of
the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character,
and condition of the defendant, including whether the defendant is a caretaker, probation or conditional
discharge shall be granted, unless the court is of the opinion that imprisonment is necessary for protection of
the public because:
(a) There is substantial risk that during a period of probation or conditional discharge the defendant will
commit another crime;
(b) The defendant is in need of correctional treatment that can be provided most effectively by [his
]commitment to a correctional institution; or
(c) A disposition under this chapter will unduly depreciate the seriousness of the defendant's crime.
(3) In the event the court determines that probation is not appropriate after due consideration of the defendant's
risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of
the defendant, including whether the defendant is a caretaker, probation with an alternative sentencing plan
shall be granted unless the court is of the opinion that imprisonment is necessary for the protection of the
public because:
(a) There is a likelihood that during a period of probation with an alternative sentencing plan or conditional
discharge the defendant will commit a Class D or Class C felony or a substantial risk that the defendant
will commit a Class B or Class A felony;
(b) The defendant is in need of correctional treatment that can be provided most effectively by commitment
to a correctional institution; or
(c) A disposition under this chapter will unduly depreciate the seriousness of the defendant's crime.
(4) The court shall not determine that there is a likelihood that the defendant will commit a Class C or Class D
felony based upon the defendant's risk and needs assessment and the fact that:
(a) The defendant has never been convicted of, pled guilty to, or entered an Alford plea to a felony offense;

ACTS OF THE GENERAL ASSEMBLY 2
(b) If convicted of, having pled guilty to, or having entered an Alford plea to a felony offense, the
defendant successfully completed probation more than ten (10) years immediately prior to the date of
the commission of the felony for which the defendant is now being sentenced and has had no
intervening convictions, pleas of guilty, or Alford pleas to any criminal offense during that period; or
(c) The defendant has been released from incarceration for the commission of a felony offense more than
ten (10) years immediately prior to the date of the commission of the felony for which the defendant is
now being sentenced and has had no intervening convictions, pleas of guilty, or Alford pleas to any
criminal offense during that period.
(5) In making a determination under subsection (4) of this section, the court may determine that the greater weight
of the evidence indicates that there is a likelihood that the defendant will commit a Class C or Class D felony.
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