Kentucky Revised Statutes
Ky. Rev. Stat. § 532.043 (2026)
Requirement of postincarceration supervision for certain felonies
✓ current as of May 2026
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(1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or 531.320 shall be subject to a period of postincarceration supervision following release from:
(a) Incarceration upon expiration of sentence; or
(b) Completion of parole.
(2) The period of postincarceration supervision shall be five (5) years.
(3) During the period of postincarceration supervision, the defendant shall:
(a) Be subject to all orders specified by the Department of Corrections; and
(b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections.
(4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board.
(5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole. Notice of the violation shall be sent to the Parole Board to determine whether probable cause exists to revoke the defendant's postincarceration supervision and reincarcerate the defendant as set forth in KRS 532.060.
(6) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea after July 15, 1998. Effective: March 3, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 91, effective March 3, 2011. -- Amended 2007 Ky. Acts ch. 19, sec. 15, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 42, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 345, sec. 9, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 25, effective July 15, 1998.
Notes of Decisions
Cited in 40
cases (15 in the last 5 years), 2000–2026 · leading case: Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010).
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010). “KRS 532.043 provides: (1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.”
Wilfong v. Commonwealth, 175 S.W.3d 84 (Ky. Ct. App. 2004). “Raymond Wilfong has appealed from the judgment and sentence of the Meade Circuit Court entered on March 12, 2002, which sentenced him to one-year imprisonment on his conviction for rape in the third *90 degree 1 and a subsequent three year period of conditional discharge as…”
Skaggs v. Commonwealth, 488 S.W.3d 10 (Ky. Ct. App. 2016). “has apparently determined that Skaggs has violated ‘post-incarceration supervision’ under KRS 532.043.” It held that “[w]ith Skaggs attempting to challenge the constitutionality of this statute, [the court] finds that Skaggs must notify the Attorney General of this issue.”
Martin v. Chandler, 122 S.W.3d 540 (Ky. 2003). “Commonwealth, [28] however, this Court examined KRS 532.043, which provides that persons convicted after July 15, 1998 of specified sexual offenses "shall be sentenced to a [three (3) year] period of conditional release following release," [29] and found it unconstitutional.”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016). “42, and to address our own concern that the Court of Appeals, perhaps in its eagerness to try to calm the waters after the 2011 amendment to KRS 532.043, inappropriately ruled on a question not properly before it.”
Muhammad v. Kentucky Parole Bd., 468 S.W.3d 331 (Ky. 2015). “To see why requires an understanding of KRS 532.043, formerly the “conditional discharge” statute and *335 now the “post-incarceration supervision” statute.”
Sanderson v. Commonwealth, 291 S.W.3d 610 (Ky. 2009). “" Therefore, even though Appellant's conviction is reversed, if he is convicted of the same felonies after another trial, his maximum sentence cannot exceed twenty years' imprisonment.”
Purvis v. Commonwealth, 14 S.W.3d 21 (Ky. 2000). “Over the objection of defense counsel, the trial court also imposed an additional three years conditional discharge pursuant to KRS 532.043. Appellant appeals as a matter of right.”
Brady v. Commonwealth, 396 S.W.3d 315 (Ky. Ct. App. 2013). “On July 12, 2011, Brady filed a motion requesting that the trial court sentence him according to KRS 532.043 as it was written prior to revisions which took effect in July 2006.”
Lozier v. Commonwealth, 32 S.W.3d 511 (Ky. Ct. App. 2000). “We find that the application of KRS 532.043 to the appellant’s sentence is unconstitutional as an ex post facto law.”
Ladriere v. Commonwealth, 329 S.W.3d 278 (Ky. 2010). “KRS 532.043 mandates that a five-year conditional discharge period be imposed upon certain offenders; namely, those convicted of or pleading guilty to “a felony offense under KRS Chapter 510, 529.”
Chames v. Commonwealth, 405 S.W.3d 519 (Ky. Ct. App. 2012). “In Smith , the Kentucky Supreme Court vacated that portion of the judgment which stated the defendant “shall” follow certain conditions, holding that the trial court had exceeded its authority granted under KRS 532.043. Here, the Commonwealth argues because the trial court…”
— Ky. Rev. Stat. § 532.043(1) — 12 cases
Martin v. Chandler, 122 S.W.3d 540 (Ky. 2003). “Commonwealth, [28] however, this Court examined KRS 532.043, which provides that persons convicted after July 15, 1998 of specified sexual offenses "shall be sentenced to a [three (3) year] period of conditional release following release," [29] and found it unconstitutional.”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016). “42, and to address our own concern that the Court of Appeals, perhaps in its eagerness to try to calm the waters after the 2011 amendment to KRS 532.043, inappropriately ruled on a question not properly before it.”
Skaggs v. Commonwealth, 488 S.W.3d 10 (Ky. Ct. App. 2016). “has apparently determined that Skaggs has violated ‘post-incarceration supervision’ under KRS 532.043.” It held that “[w]ith Skaggs attempting to challenge the constitutionality of this statute, [the court] finds that Skaggs must notify the Attorney General of this issue.”
Chames v. Commonwealth, 405 S.W.3d 519 (Ky. Ct. App. 2012). “In Smith , the Kentucky Supreme Court vacated that portion of the judgment which stated the defendant “shall” follow certain conditions, holding that the trial court had exceeded its authority granted under KRS 532.043. Here, the Commonwealth argues because the trial court…”
Michael Wayne Priddy v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 532.043(1)(a) — 2 cases
Darrie Rushin v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
Darrie Rushin v. Commonwealth of Kentucky (Ky. 2024).
— Ky. Rev. Stat. § 532.043(2) — 3 cases
Muhammad v. Kentucky Parole Bd., 468 S.W.3d 331 (Ky. 2015). “To see why requires an understanding of KRS 532.043, formerly the “conditional discharge” statute and *335 now the “post-incarceration supervision” statute.”
Brady v. Commonwealth, 396 S.W.3d 315 (Ky. Ct. App. 2013). “On July 12, 2011, Brady filed a motion requesting that the trial court sentence him according to KRS 532.043 as it was written prior to revisions which took effect in July 2006.”
Arrin Edward Bush v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 532.043(3) — 6 cases
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010). “KRS 532.043 provides: (1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.”
Wilfong v. Commonwealth, 175 S.W.3d 84 (Ky. Ct. App. 2004). “Raymond Wilfong has appealed from the judgment and sentence of the Meade Circuit Court entered on March 12, 2002, which sentenced him to one-year imprisonment on his conviction for rape in the third *90 degree 1 and a subsequent three year period of conditional discharge as…”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016). “42, and to address our own concern that the Court of Appeals, perhaps in its eagerness to try to calm the waters after the 2011 amendment to KRS 532.043, inappropriately ruled on a question not properly before it.”
Chames v. Commonwealth, 405 S.W.3d 519 (Ky. Ct. App. 2012). “In Smith , the Kentucky Supreme Court vacated that portion of the judgment which stated the defendant “shall” follow certain conditions, holding that the trial court had exceeded its authority granted under KRS 532.043. Here, the Commonwealth argues because the trial court…”
John C. Martin v. Commonwealth of Kentucky (Ky. 2016).
— Ky. Rev. Stat. § 532.043(3)(a) — 1 case
Chames v. Commonwealth, 405 S.W.3d 519 (Ky. Ct. App. 2012). “In Smith , the Kentucky Supreme Court vacated that portion of the judgment which stated the defendant “shall” follow certain conditions, holding that the trial court had exceeded its authority granted under KRS 532.043. Here, the Commonwealth argues because the trial court…”
— Ky. Rev. Stat. § 532.043(4) — 2 cases
Darrie Rushin v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
Darrie Rushin v. Commonwealth of Kentucky (Ky. 2024).
— Ky. Rev. Stat. § 532.043(5) — 11 cases
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010). “KRS 532.043 provides: (1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.”
Skaggs v. Commonwealth, 488 S.W.3d 10 (Ky. Ct. App. 2016). “has apparently determined that Skaggs has violated ‘post-incarceration supervision’ under KRS 532.043.” It held that “[w]ith Skaggs attempting to challenge the constitutionality of this statute, [the court] finds that Skaggs must notify the Attorney General of this issue.”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016). “42, and to address our own concern that the Court of Appeals, perhaps in its eagerness to try to calm the waters after the 2011 amendment to KRS 532.043, inappropriately ruled on a question not properly before it.”
Muhammad v. Kentucky Parole Bd., 468 S.W.3d 331 (Ky. 2015). “To see why requires an understanding of KRS 532.043, formerly the “conditional discharge” statute and *335 now the “post-incarceration supervision” statute.”
Lozier v. Commonwealth, 32 S.W.3d 511 (Ky. Ct. App. 2000). “We find that the application of KRS 532.043 to the appellant’s sentence is unconstitutional as an ex post facto law.”
— Ky. Rev. Stat. § 532.043(6) — 3 cases
Skaggs v. Commonwealth, 488 S.W.3d 10 (Ky. Ct. App. 2016). “has apparently determined that Skaggs has violated ‘post-incarceration supervision’ under KRS 532.043.” It held that “[w]ith Skaggs attempting to challenge the constitutionality of this statute, [the court] finds that Skaggs must notify the Attorney General of this issue.”
Brady v. Commonwealth, 396 S.W.3d 315 (Ky. Ct. App. 2013). “On July 12, 2011, Brady filed a motion requesting that the trial court sentence him according to KRS 532.043 as it was written prior to revisions which took effect in July 2006.”
Phyllis Roach v. Kentucky Parole Bd. (Ky. 2018).
— Ky. Rev. Stat. § 532.043(l) — 1 case
Rider v. Commonwealth, 460 S.W.3d 909 (Ky. Ct. App. 2014).
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