It is the sentencing policy of the Commonwealth of Kentucky that:
(1) The primary objective of sentencing shall be to maintain public safety and hold
offenders accountable while reducing recidivism and criminal behavior and
improving outcomes for those offenders who are sentenced;
(2) Reduction of recidivism and criminal behavior is a key measure of the performance
of the criminal justice system;
(3) Sentencing judges shall consider:
(a) Beginning July 1, 2013, the results of a defendant's risk and needs assessment
included in the presentence investigation; and
(b) The likely impact of a potential sentence on the reduction of the defendant's
potential future criminal behavior;
(4) All supervision and treatment programs provided for defendants shall utilize
evidence-based practices to reduce the likelihood of future criminal behavior; and
(5) All supervision and treatment programs shall be evaluated at regular intervals to
measure and ensure reduction of criminal behavior by defendants in the criminal
justice system.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 1, effective June 8, 2011.
Notes of Decisions
Cited in 22
cases (9 in the last 5 years), 2014–2024 · leading case: State v. Eric L. Loomis, 2016 WI 68 (Wis. 2016).
State v. Eric L. Loomis, 2016 WI 68 (Wis. 2016). · cites it 2ד007 (3)(a) (2016) (sentencing judges in Kentucky shall consider the results of a defendant's risk and needs assessment included in the presentence investigation); Ohio Rev. Code Ann. § 5120.114 (A)(1)-(3) (2015-16) (the Ohio department of rehabilitation and correction "shall…”
Turner v. Commonwealth, 538 S.W.3d 305 (Ky. Ct. App. 2017). · cites it 3דSee KRS 532.007. That brings us to the second major impact resulting from amendment of KRS 218.”
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014). “” KRS 532.007(1). To that end, HB 463 created several new statutes, including various statutes governing probation and conditional discharge.”
Helms v. Commonwealth, 475 S.W.3d 637 (Ky. Ct. App. 2015). “Focusing on rehabilitation rather than incarceration, it is now the policy to “maintain public safety and hold offenders' accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced!)]” KRS 532.007(1). • In cases…”
Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015). “” KRS 532.007(1). One of the statutes HB 463 amended is KRS 218A.”
Nicholas Wilburn v. Commonwealth of Kentucky (Ky. Ct. App. 2022). · cites it 3דHowever, Wilburn argues that the trial court was also required to consider the factors set forth in KRS 532.007. That statute is titled “Commonwealth’s sentencing policy[.”
Donald Howard v. Commonwealth of Kentucky (Ky. 2016). “19 KRS 532.007. 4 abuse of discretion. So we will not disturb the trial court's sentencing determination unless convinced that its decision was "arbitrary, unreasonable, unfair, or unsupported by sound legal principles.”
State of Iowa v. Sean David Gordon, 919 N.W.2d 635 (Iowa Ct. App. 2018). “, Ky. Rev. Stat. Ann. § 532.007 (3)(a) (2017) ("Sentencing judges shall consider .”
State of Iowa v. Montez Guise (Iowa Ct. App. 2018). “Ky. Rev. Stat. Ann. § 532.007 (3)(a) (2017) (“Sentencing judges shall consider .”
Lonnie Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “]” KRS 532.007(1). The General Assembly’s new focus was on “rehabilitation rather than incarceration[.”
Edward Siddens v. Commonwealth of Kentucky (Ky. 2022). “, KRS 532.007; 532.025; 532.030. It is an abuse of discretion for a trial court to decide upon a sentence before a sentencing hearing takes place and without adequately considering mitigating and aggravating factors.”
Commonwealth v. Andrews, 448 S.W.3d 773 (Ky. 2014). “” KRS 532.007(1). To that end, HB 463 created several new statutes, including various statutes governing probation and conditional discharge.”
Helms v. Commonwealth, 475 S.W.3d 637 (Ky. Ct. App. 2015). “Focusing on rehabilitation rather than incarceration, it is now the policy to “maintain public safety and hold offenders' accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced!)]” KRS 532.007(1). • In cases…”
Turner v. Commonwealth, 538 S.W.3d 305 (Ky. Ct. App. 2017). “See KRS 532.007. That brings us to the second major impact resulting from amendment of KRS 218.”
Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015). “” KRS 532.007(1). One of the statutes HB 463 amended is KRS 218A.”
Lonnie Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “]” KRS 532.007(1). The General Assembly’s new focus was on “rehabilitation rather than incarceration[.”
— Ky. Rev. Stat. § 532.007(2) — 1 case
Turner v. Commonwealth, 538 S.W.3d 305 (Ky. Ct. App. 2017). “See KRS 532.007. That brings us to the second major impact resulting from amendment of KRS 218.”
— Ky. Rev. Stat. § 532.007(3) — 1 case
Nicholas Wilburn v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “However, Wilburn argues that the trial court was also required to consider the factors set forth in KRS 532.007. That statute is titled “Commonwealth’s sentencing policy[.”
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