532.045 Persons prohibited from probation or postincarceration supervision --
920 words·~4 min read·
/ky/532-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Procedure when probation or postincarceration supervision not prohibited.
(1)As used in this section:
(a)"Position of authority" means but is not limited to the position occupied by a
biological parent, adoptive parent, stepparent, foster parent, relative,
household member, adult youth leader, recreational staff, or volunteer who is
an adult, adult athletic manager, adult coach, teacher, classified school
employee, certified school employee, counselor, staff, or volunteer for either a
residential treatment facility or a detention facility as defined in KRS
520.010(4), staff or volunteer with a youth services organization, religious
leader, health-care provider, or employer;
(b)"Position of special trust" means a position occupied by a person in a position
of authority who by reason of that position is able to exercise undue influence
over the minor; and
(c)"Substantial sexual conduct" means penetration of the vagina or rectum by the
penis of the offender or the victim, by any foreign object; oral copulation; or
masturbation of either the minor or the offender.
(2)Notwithstanding other provisions of applicable law, probation shall not be granted
to, nor shall the execution or imposition of sentence be suspended for, nor shall a
finding bringing the defendant within the provision of this section be stricken for a
person convicted of violating KRS 510.050, 510.080, 529.040, 529.070, 529.100
where the offense involves commercial sexual activity, 530.020, 531.310, 531.320,
or 531.370, or criminal attempt to commit any of these offenses under KRS
506.010, and, who meets one
(1)or more of the following criteria:
(a)A person who commits any of the offenses enumerated in this subsection
against a minor by the use of force, violence, duress, menace, or threat of
bodily harm;
(b)A person who, in committing any of the offenses enumerated in this
subsection, caused bodily injury to the minor;
(c)A person convicted of any of the offenses enumerated in this subsection and
who was a stranger to the minor or made friends with the minor for the
purpose of committing an act constituting any of the offenses enumerated in
this subsection, unless the defendant honestly and reasonably believed the
minor was eighteen
(18)years old or older;
(d)A person who used a dangerous instrument or deadly weapon against a minor
during the commission of any of the offenses enumerated in this subsection;
(e)A person convicted of any of the offenses enumerated in this subsection and
who has had a prior conviction of assaulting a minor, with intent to commit an
act constituting any of the offenses enumerated in this subsection;
(f)A person convicted of kidnapping a minor in violation of the Kentucky Penal
Code and who kidnapped the minor for the purpose of committing an act
constituting any of the offenses enumerated in this subsection;
(g)A person who is convicted of committing any of the offenses enumerated in
this subsection on more than one
(1)minor at the same time or in the same
course of conduct;
(h)A person who in committing any of the offenses enumerated in this subsection
has substantial sexual conduct with a minor under the age of fourteen
years; or
(i)A person who occupies a position of special trust and commits an act of
substantial sexual conduct.
Nothing in this section shall be construed to prohibit the additional period of five
(5)years' postincarceration supervision required by KRS 532.043.
(3)If a person is not otherwise prohibited from obtaining probation or conditional
discharge under subsection (2), the court may impose on the person a period of
probation or conditional discharge. Probation or conditional discharge shall not be
granted until the court is in receipt of the comprehensive sex offender presentence
evaluation of the offender performed by an approved provider, as defined in KRS
17.500 or the Department of Corrections. The court shall use the comprehensive sex
offender presentence evaluation in determining the appropriateness of probation or
conditional discharge.
(4)If the court grants probation or conditional discharge, the offender shall be required,
as a condition of probation or conditional discharge, to successfully complete a
community-based sexual offender treatment program operated or approved by the
Department of Corrections or the Sex Offender Risk Assessment Advisory Board.
(5)The offender shall pay for any evaluation or treatment required pursuant to this
section up to the offender's ability to pay but not more than the actual cost of the
comprehensive sex offender presentence evaluation or treatment.
(6)Failure to successfully complete the sexual offender treatment program constitutes
grounds for the revocation of probation or conditional discharge.
(7)The comprehensive sex offender presentence evaluation and all communications
relative to the comprehensive sex offender presentence evaluation and treatment of
a sexual offender shall fall under the provisions of KRS 197.440. The
comprehensive sex offender presentence evaluation shall be filed under seal and
shall not be made a part of the court record subject to review in appellate
proceedings and shall not be made available to the public.
(8)Before imposing sentence, the court shall advise the defendant or his counsel of the
contents and conclusions of any comprehensive sex offender presentence evaluation
performed pursuant to this section and afford a fair opportunity and a reasonable
period of time, if the defendant so requests, to controvert them. The court shall
provide the defendant's counsel and the Commonwealth's attorney a copy of the
comprehensive sex offender presentence evaluation. It shall not be necessary to
disclose the sources of confidential information.
(9)To the extent that this section conflicts with KRS 533.010, this section shall take
precedence.