Ky. Rev. Stat. » Chapter 197

Ky. Rev. Stat. § 197.410

Definitions of "sexual offender," "eligible sexual offender," and

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"department." (1) A person is considered to be a "sexual offender" as used in this chapter when he or she has been adjudicated guilty of a sex crime, as defined in KRS 17.500, or any similar offense in another jurisdiction. (2) A sexual offender becomes an "eligible sexual offender" when the sentencing court or department officials, or both, determine that the offender: (a) Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and (b) Is likely to benefit from the program. (3) "Department" is the Department of Corrections. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 28, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 401, sec. 31, effective April 11, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 186, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 64, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 18, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 478, sec. 2, effective July 15, 1986.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 1997–2025 · leading case: Garland v. Commonwealth
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Garland v. Commonwealth (1999) kyctapp · cites it 4× “Following a plea of guilty to several sex-related charges, the court found the appellant was an eligible sexual offender under KRS 197.410 and ordered him to complete the Sexual Offender Treatment Program, mandated by KRS 197.”
Seymour v. Colebank (2005) kyctapp · cites it 4× “Any sex offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his sentence.”
Martin v. Chandler (2003) ky “Any sex offender, defined *546 in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his sentence.”
Ladriere v. Commonwealth (2010) ky “KRS 197.410(1). Given that Ladriere did not commit an offense within the purview of the statute’s definition of “sex crime,” it stands to reason that he is not a “sexual offender” for purposes of the SOTP provisions either.”
Commonwealth v. Taylor (1997) ky “lea of guilty A youthful offender, if he is convicted of, or pleads guilty to, a felony offense in Circuit Court, shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony…”
Lozier v. Commonwealth (2000) kyctapp “Any sex offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his sentence.”
Gourley v. Commonwealth (2001) kyctapp “The court shall have the same dispositional options as currently provided in subsection (2) of this section, except that youthful offenders shall not remain in the care of the Department of Juvenile Justice after the age of nineteen (19); and (4) A youthful offender who is a…”
Tyler v. Taylor (2003) kyctapp “Tyler’s offense renders him a “sex offender” as defined by KRS 197.410. Under KRS 197.045, a sex offender’s parole eligibility and receipt of good-time credit is deferred until the offender successfully completes the Department’s Sex Offender Treatment Program (SOTP).”
Lawrence Richardson v. Commonwealth of Kentucky (2022) ky · cites it 6× “Ultimately, the trial court declined to decide whether Richardson was intellectually disabled, noting that KRS 197.410 did not define the term. Instead, the trial court concluded that it would be appropriate to order Richardson to enroll in SOTP and, if Richardson was ultimately…”
Commonwealth of Kentucky v. Ricky D. Ullman, Jr. (2024) ky · cites it 2× “26 KRS 197.410. 27 KRS 532.045(4) (“If the court grants probation or conditional discharge, the offender shall be required, as a condition of probation or conditional discharge, to successfully complete a community-based sexual offender treatment program operated or approved by…”
Alexander Bloyer v. Commonwealth of Kentucky (2020) kyctapp “(4) A youthful offender who is a sexual offender as defined by KRS 197.410(1) shall be provided a sexual offender treatment program as mandated by KRS 439.”
Commonweath of Kentucky v. Brent Michael Watson (2020) kyctapp “Any eligible sexual offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment -18- program as determined by the program director shall not be entitled to the benefit of any credit on his or her sentence.”
Show all 15 citing cases →
— Ky. Rev. Stat. § 197.410(1) — 5 cases
Ladriere v. Commonwealth (2010) ky “KRS 197.410(1). Given that Ladriere did not commit an offense within the purview of the statute’s definition of “sex crime,” it stands to reason that he is not a “sexual offender” for purposes of the SOTP provisions either.”
Commonwealth v. Taylor (1997) ky “lea of guilty A youthful offender, if he is convicted of, or pleads guilty to, a felony offense in Circuit Court, shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony…”
Gourley v. Commonwealth (2001) kyctapp “The court shall have the same dispositional options as currently provided in subsection (2) of this section, except that youthful offenders shall not remain in the care of the Department of Juvenile Justice after the age of nineteen (19); and (4) A youthful offender who is a…”
Alexander Bloyer v. Commonwealth of Kentucky (2020) kyctapp “(4) A youthful offender who is a sexual offender as defined by KRS 197.410(1) shall be provided a sexual offender treatment program as mandated by KRS 439.”
Commonwealth of Kentucky v. Ricky D. Ullman, Jr. (2024) ky “26 KRS 197.410. 27 KRS 532.045(4) (“If the court grants probation or conditional discharge, the offender shall be required, as a condition of probation or conditional discharge, to successfully complete a community-based sexual offender treatment program operated or approved by…”
— Ky. Rev. Stat. § 197.410(2) — 2 cases
Seymour v. Colebank (2005) kyctapp “Any sex offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his sentence.”
Lawrence Richardson v. Commonwealth of Kentucky (2022) ky “Ultimately, the trial court declined to decide whether Richardson was intellectually disabled, noting that KRS 197.410 did not define the term. Instead, the trial court concluded that it would be appropriate to order Richardson to enroll in SOTP and, if Richardson was ultimately…”
— Ky. Rev. Stat. § 197.410(2)(a) — 2 cases
Seymour v. Colebank (2005) kyctapp “Any sex offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his sentence.”
John T. Bell v. Commonwealth of Kentucky (2023) kyctapp
— Ky. Rev. Stat. § 197.410(2)(a)(b) — 1 case
Garland v. Commonwealth (1999) kyctapp “Following a plea of guilty to several sex-related charges, the court found the appellant was an eligible sexual offender under KRS 197.410 and ordered him to complete the Sexual Offender Treatment Program, mandated by KRS 197.”
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