(1) In every case in which a person pleads guilty to or is convicted of a crime
punishable by imprisonment, the judge shall consider whether the person should be
sentenced to a term of community service as an alternative to the prison term. The
term of community service shall not be shorter than the length of the prison term
nor longer than twice the length of the prison term. Failure to complete the
prescribed term of community service shall be deemed a probation violation and
shall subject the defendant to serve the prison service originally fixed by the court
or jury.
(2) The clerk of the Circuit Court, under the direction of the Circuit Judges of the
circuit and in cooperation with the Administrative Office of the Courts and the
governmental units within the jurisdiction of the Circuit Court, shall maintain a
schedule of community service work and projects for use by judges in setting
alternative sentences. Any city, county, urban-county, or other governmental unit
desiring to participate in alternative sentence community service work and projects
shall submit to the clerk, on or before January 1, 1991, and every six (6) months
thereafter, a list of community service work and projects it proposes for inclusion in
the schedule.
(3) The Administrative Office of the Courts, under the direction of the Supreme Court,
shall prepare a schedule of approved categories of alternative sentences which shall
be disseminated to all judges and circuit clerks.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 497, sec. 3, effective July 13, 1990.
Notes of Decisions
Williams v. Commonwealth, 829 S.W.2d 942 (Ky. Ct. App. 1992).
· cites it 24× “He now argues that the trial court erred by refusing to strike a juror for cause, for prohibiting him from introducing the victim's mental health records, and by refusing to consider alternative sentencing as required by KRS 500.095. Considering all of the particular facts in…”
Porter v. Commonwealth, 841 S.W.2d 166 (Ky. 1992).
· cites it 5× “Appellant maintains the 1990 enactment of KRS 500.095, an alternative sentencing statute, indicates legislative intent that community service be considered in every case that may be punished by imprisonment.”
Renaker v. Commonwealth, 889 S.W.2d 819 (Ky. Ct. App. 1994).
· cites it 10× “At the sentencing hearing, Renaker’s attorney requested that Renaker be sentenced to community service rather than prison, according to KRS 500.095. Additionally, he attached letters and a memorandum to support his position, contending that KRS 500.”
Corman v. Commonwealth, 822 S.W.2d 421 (Ky. Ct. App. 1991).
· cites it 2× “Corman contends that the court erred in refusing to consider an alternative sentencing plan as required by KRS 500.095. The trial court relied on KRS 533.”
— Ky. Rev. Stat. § 500.095(1) — 3 cases
Williams v. Commonwealth, 829 S.W.2d 942 (Ky. Ct. App. 1992).
“He now argues that the trial court erred by refusing to strike a juror for cause, for prohibiting him from introducing the victim's mental health records, and by refusing to consider alternative sentencing as required by KRS 500.095. Considering all of the particular facts in…”
Porter v. Commonwealth, 841 S.W.2d 166 (Ky. 1992).
“Appellant maintains the 1990 enactment of KRS 500.095, an alternative sentencing statute, indicates legislative intent that community service be considered in every case that may be punished by imprisonment.”
Renaker v. Commonwealth, 889 S.W.2d 819 (Ky. Ct. App. 1994).
“At the sentencing hearing, Renaker’s attorney requested that Renaker be sentenced to community service rather than prison, according to KRS 500.095. Additionally, he attached letters and a memorandum to support his position, contending that KRS 500.”
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