Ky. Rev. Stat. » Chapter 533
Kentucky Revised Statutes

Ky. Rev. Stat. § 533.040 (2026)

Calculation of periods of probation and conditional discharge

✓ current as of May 2026
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(1) A period of probation or conditional discharge commences on the day it is imposed. Multiple periods, whether imposed at the same or different times, run concurrently. (2) If a court, as authorized by law, determines that a defendant violated the conditions of his probation or conditional discharge but reinstates probation or conditional discharge, the period between the date of the violation and the date of restoration of probation or conditional discharge shall not be computed as a part of the period of probation or conditional discharge. (3) A sentence of probation or conditional discharge shall run concurrently with any federal or state jail, prison, or parole term for another offense to which the defendant is or becomes subject during the period, unless the sentence of probation or conditional discharge is revoked. The revocation shall take place prior to parole under or expiration of the sentence of imprisonment or within ninety (90) days after the grounds for revocation come to the attention of the Department of Corrections, whichever occurs first. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 138, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 61, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 288, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14).

Notes of Decisions
Cited in 36 cases (16 in the last 5 years), 1984–2026 · leading case: Commonwealth v. Love, 334 S.W.3d 92 (Ky. 2011).
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Commonwealth v. Love, 334 S.W.3d 92 (Ky. 2011). · cites it 58× “Careful examination of KRS 533.040's Official Commentary belies the restrictive framework consequent from the majority's statutory interpretation.”
Commonwealth v. Dulin, 427 S.W.3d 170 (Ky. 2014). · cites it 18× “KRS 533.040(1) provides that “A period of probation or conditional discharge commences on the day it is imposed.”
Conrad v. EVRIDGE, 315 S.W.3d 313 (Ky. 2010). · cites it 7× “Tolling Under KRS 533.040(2) The Commonwealth also argues that Appellee’s probationary period was tolled and extended beyond its initial date of expiration on June 17, 2009, placing the scheduled July 23, 2009 hearing within the period of probation.”
Sutherland v. Commonwealth, 910 S.W.2d 235 (Ky. 1995). · cites it 7× “MEMORANDUM OPINION OF THE COURT The controversy in this case concerns the operation and application of KRS 533.040(3). The specific issue is whether a trial court may make a ruling in a motion to revoke probation, when that ruling is made more than 90 days after the Department…”
Brewer v. Commonwealth, 922 S.W.2d 380 (Ky. 1996). · cites it 5× “060 was enacted in 1976, and KRS 533.040 was enacted in 1974, the former controls.”
Myers v. Commonwealth, 836 S.W.2d 431 (Ky. Ct. App. 1992). · cites it 10× “02 claiming the trial court’s revocation of his probationary sentence was violative of KRS 533.040(3). The appellant, French D. Myers, plead guilty to second-degree burglary (amended) and receiving stolen property.”
Kiser v. Commonwealth, 829 S.W.2d 432 (Ky. Ct. App. 1992). · cites it 6× “KRS 533.040, as its heading implies, and in spite of its being rather inartfully written, appears to us to be intended to deal with the calculation of periods of time for the running of sentences of probation or conditional discharge rather than setting a time limitation beyond…”
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997). · cites it 2× “Any extension past the five-year limit contravenes legislative policy on probation, contained in the Commentary to KRS 533.040: If probation is to work, it will generally do so within a relatively short period of time, long before the maximum of 5 years permitted for felonies.”
Commonwealth v. Tapp, 497 S.W.3d 239 (Ky. 2016). “The tolling of the running of the period of probation is also set forth in the statute which deals with calculating periods of probation, KRS 533.040. Subsection (2) of that statute provides “[i]f a court, as authorized by law, determines that a defendant violated the conditions…”
Warren v. Commonwealth, 981 S.W.2d 134 (Ky. Ct. App. 1998). · cites it 17× “060 and KRS 533.040. She further contends that KRS 533.”
Tucker v. Commonwealth, 295 S.W.3d 455 (Ky. Ct. App. 2009). “Haw-ley is distinguishable from the case at bench because there the trial court made a finding that the defendant had violated his probation, imposed a specific jail sentence for that violation, and reinstated the probation at the end of the jail sentence, thereby bringing the…”
Snow v. Commonwealth, 927 S.W.2d 841 (Ky. Ct. App. 1996). · cites it 12× “) The Commonwealth responds that KRS 533.040(3) authorizes consecutive sentences in situations, such as this, where probation has been revoked.”
Show all 36 citing cases →
— Ky. Rev. Stat. § 533.040(1) — 2 cases
Commonwealth v. Dulin, 427 S.W.3d 170 (Ky. 2014). “KRS 533.040(1) provides that “A period of probation or conditional discharge commences on the day it is imposed.”
Daniel Moreland v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 533.040(2) — 12 cases
Commonwealth v. Dulin, 427 S.W.3d 170 (Ky. 2014). “KRS 533.040(1) provides that “A period of probation or conditional discharge commences on the day it is imposed.”
Conrad v. EVRIDGE, 315 S.W.3d 313 (Ky. 2010). “Tolling Under KRS 533.040(2) The Commonwealth also argues that Appellee’s probationary period was tolled and extended beyond its initial date of expiration on June 17, 2009, placing the scheduled July 23, 2009 hearing within the period of probation.”
Tucker v. Commonwealth, 295 S.W.3d 455 (Ky. Ct. App. 2009). “Haw-ley is distinguishable from the case at bench because there the trial court made a finding that the defendant had violated his probation, imposed a specific jail sentence for that violation, and reinstated the probation at the end of the jail sentence, thereby bringing the…”
Clarence Barbour v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
Tommy Petrey v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 533.040(3) — 22 cases
Commonwealth v. Love, 334 S.W.3d 92 (Ky. 2011). “Careful examination of KRS 533.040's Official Commentary belies the restrictive framework consequent from the majority's statutory interpretation.”
Sutherland v. Commonwealth, 910 S.W.2d 235 (Ky. 1995). “MEMORANDUM OPINION OF THE COURT The controversy in this case concerns the operation and application of KRS 533.040(3). The specific issue is whether a trial court may make a ruling in a motion to revoke probation, when that ruling is made more than 90 days after the Department…”
Myers v. Commonwealth, 836 S.W.2d 431 (Ky. Ct. App. 1992). “02 claiming the trial court’s revocation of his probationary sentence was violative of KRS 533.040(3). The appellant, French D. Myers, plead guilty to second-degree burglary (amended) and receiving stolen property.”
Kiser v. Commonwealth, 829 S.W.2d 432 (Ky. Ct. App. 1992). “KRS 533.040, as its heading implies, and in spite of its being rather inartfully written, appears to us to be intended to deal with the calculation of periods of time for the running of sentences of probation or conditional discharge rather than setting a time limitation beyond…”
Brewer v. Commonwealth, 922 S.W.2d 380 (Ky. 1996). “060 was enacted in 1976, and KRS 533.040 was enacted in 1974, the former controls.”
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