Kentucky Statutes 532.043 – Requirement of postincarceration supervision for certain felonies
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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.
529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or
Terms Used In Kentucky Statutes 532.043
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
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.