Kentucky Statutes 533.040 – Calculation of periods of probation and conditional discharge
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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).
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
Terms Used In Kentucky Statutes 533.040
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
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).