(1) When a person who has been convicted of an offense or who has entered a plea of
guilty to an offense is not sentenced to imprisonment, the court shall place him on
probation if he is in need of the supervision, guidance, assistance, or direction that
the probation service can provide. Conditions of probation shall be imposed as
provided in KRS 533.030, but the court may modify or enlarge the conditions or, if
the defendant commits an additional offense or violates a condition, revoke the
sentence at any time prior to the expiration or termination of the period of
probation. When setting conditions under this subsection, the court shall not order
any defendant to pay incarceration costs or any other cost permitted to be ordered
under KRS 533.010 or other statute, except restitution and any costs owed to the
Department of Corrections, through the circuit clerk.
(2) When a person who has been convicted of an offense or who has entered a plea of
guilty to an offense is not sentenced to imprisonment, the court may sentence him to
probation with an alternative sentence if it is of the opinion that the defendant
should conduct himself according to conditions determined by the court and that
probationary supervision alone is insufficient. The court may modify or enlarge the
conditions or, if the defendant commits an additional offense or violates a
condition, revoke the sentence at any time prior to the expiration or termination of
the alternative sentence.
(3) When a person who has been convicted of an offense or who has entered a plea of
guilty to an offense is not sentenced to imprisonment, the court may sentence him to
conditional discharge if it is of the opinion that the defendant should conduct
himself according to conditions determined by the court but that probationary
supervision is inappropriate. Conditions of conditional discharge shall be imposed
as provided in KRS 533.030, but the court may modify or enlarge the conditions or,
if the defendant commits an additional offense or violates a condition, revoke the
sentence at any time prior to the expiration or termination of the period of
conditional discharge.
(4) The period of probation, probation with an alternative sentence, or conditional
discharge shall be fixed by the court and at any time may be extended or shortened
by duly entered court order or as modified by the Department of Corrections
through the application of probation program credits under KRS 439.268. Such
period, with extensions thereof, shall not exceed five (5) years, or the time
necessary to complete restitution, whichever is longer, upon conviction of a felony
nor two (2) years, or the time necessary to complete restitution, whichever is longer,
upon conviction of a misdemeanor. Upon completion of the probationary period,
probation with an alternative sentence, or the period of conditional discharge, the
defendant shall be deemed finally discharged, provided no warrant issued by the
court is pending against him, and probation, probation with an alternative sentence,
or conditional discharge has not been revoked.
(5) Notwithstanding the fact that a sentence to probation, probation with an alternative
sentence, or conditional discharge can subsequently be modified or revoked, a
judgment which includes such a sentence shall constitute a final judgment for
purposes of appeal.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 44, sec. 8, effective July 15, 2020. -- Amended
2002 Ky. Acts ch. 183, sec. 36, effective August 1, 2002. -- Amended 1998 Ky. Acts
ch. 606, sec. 48, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 497, sec. 5,
effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 286, effective January
1, 1975.
Notes of Decisions
Cited in
62
cases (
24 in the last 5 years), 1977–2026 · leading case:
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997).
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997).
· cites it 28× “42 in which he argued that the court lost jurisdiction to revoke Appellee's probation in May 1990, five years after the date of the original sentence, citing KRS 533.020 and Curtsinger v. Commonwealth, Ky.”
Commonwealth v. Wright, 415 S.W.3d 606 (Ky. 2013).
· cites it 13× “KRS 533.020(1) The Commonwealth also relies on KRS 533.”
Commonwealth v. Tapp, 497 S.W.3d 239 (Ky. 2016).
· cites it 10× “However, KRS 533.020(4) provides a guard against such absurd results, stating, in pertinent part, that: “[T]he period of probation .”
Whitcomb v. Commonwealth, 424 S.W.3d 417 (Ky. 2014).
· cites it 10× “We first acknowledge that KRS 533.020(1) allows for the trial court to revoke a defendant’s probation if he or she “commits an additional offense or violates a condition [of the probation].”
Conrad v. EVRIDGE, 315 S.W.3d 313 (Ky. 2010).
· cites it 7× “Revocation Must Occur Before the Expiration of Probation Appellee’s argument that the circuit court lacked jurisdiction to hold the revocation hearing is based on KRS 533.020(1). That statute provides that “if the defendant commits an additional offense or violates a condition,…”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
· cites it 2× “*869 Appellant cites KRS 533.020(4) for the proposition that a period of probation or conditional discharge of a misdemeanor expires after two years.”
Commonwealth v. Adams, 566 S.W.3d 225 (Ky. Ct. App. 2018).
· cites it 9× “The Court in Rollins stated in a footnote that its result would not necessarily be applicable to a case involving probation "as KRS 533.020 provides that a trial court can modify or enlarge the conditions of probation at any time prior to the expiration of the alternative…”
Commonwealth v. Dulin, 427 S.W.3d 170 (Ky. 2014).
· cites it 7× “040(2) tolling provision does not apply because the circuit court never entered a written order extending the period of probation as it was allowed to do under KRS 533.020(4). 6 However, our examination of KRS 533.”
Miller v. Commonwealth, 391 S.W.3d 801 (Ky. 2013).
· cites it 6× “2010) (quoting KRS 533.020(1)) (omission in original, emphasis added).”
Dillard v. Commonwealth, 475 S.W.3d 594 (Ky. 2015).
· cites it 6× “, a hearing and determination regarding restitution, Dillard and the Commonwealth deemed an immediate appeal viable under KRS 533.020 and RCr 8.09. Neither the statute nor the criminal rule provides a means for securing the sort of appellate determination that the parties seek.”
Commonwealth v. Nicely, 326 S.W.3d 441 (Ky. 2010).
· cites it 8× “In cases involving probation, the program developed by the courts is aligned with KRS 533.020 and 533.030. In diversion, the program is aligned with KRS 533.”
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010).
· cites it 2× “[13] KRS 533.020(3); Pedigo v. Commonwealth, 644 S.”
— Ky. Rev. Stat. § 533.020(1) — 27 cases
Conrad v. EVRIDGE, 315 S.W.3d 313 (Ky. 2010).
“Revocation Must Occur Before the Expiration of Probation Appellee’s argument that the circuit court lacked jurisdiction to hold the revocation hearing is based on KRS 533.020(1). That statute provides that “if the defendant commits an additional offense or violates a condition,…”
— Ky. Rev. Stat. § 533.020(2) — 6 cases
Commonwealth v. Nicely, 326 S.W.3d 441 (Ky. 2010).
“In cases involving probation, the program developed by the courts is aligned with KRS 533.020 and 533.030. In diversion, the program is aligned with KRS 533.”
— Ky. Rev. Stat. § 533.020(3) — 6 cases
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997).
“42 in which he argued that the court lost jurisdiction to revoke Appellee's probation in May 1990, five years after the date of the original sentence, citing KRS 533.020 and Curtsinger v. Commonwealth, Ky.”
Dillard v. Commonwealth, 475 S.W.3d 594 (Ky. 2015).
“, a hearing and determination regarding restitution, Dillard and the Commonwealth deemed an immediate appeal viable under KRS 533.020 and RCr 8.09. Neither the statute nor the criminal rule provides a means for securing the sort of appellate determination that the parties seek.”
— Ky. Rev. Stat. § 533.020(4) — 36 cases
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997).
“42 in which he argued that the court lost jurisdiction to revoke Appellee's probation in May 1990, five years after the date of the original sentence, citing KRS 533.020 and Curtsinger v. Commonwealth, Ky.”
Commonwealth v. Tapp, 497 S.W.3d 239 (Ky. 2016).
“However, KRS 533.020(4) provides a guard against such absurd results, stating, in pertinent part, that: “[T]he period of probation .”
Whitcomb v. Commonwealth, 424 S.W.3d 417 (Ky. 2014).
“We first acknowledge that KRS 533.020(1) allows for the trial court to revoke a defendant’s probation if he or she “commits an additional offense or violates a condition [of the probation].”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
“*869 Appellant cites KRS 533.020(4) for the proposition that a period of probation or conditional discharge of a misdemeanor expires after two years.”
— Ky. Rev. Stat. § 533.020(5) — 2 cases
Dillard v. Commonwealth, 475 S.W.3d 594 (Ky. 2015).
“, a hearing and determination regarding restitution, Dillard and the Commonwealth deemed an immediate appeal viable under KRS 533.020 and RCr 8.09. Neither the statute nor the criminal rule provides a means for securing the sort of appellate determination that the parties seek.”
— Ky. Rev. Stat. § 533.020(6) — 1 case
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