Kentucky Statutes 533.050 – Arrest of defendant on probation or conditional discharge — Notice and hearing — Exception under KRS 439.3108
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(1) At any time before the discharge of the defendant or the termination of the sentence of probation or conditional discharge:
(a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding of probable cause to believe that he has failed to comply with a condition of the sentence; or
(b) A probation officer, or peace officer acting at the direction of a probation officer, who sees the defendant violate the terms of his probation or conditional discharge may arrest the defendant without a warrant.
(2) Except as provided in KRS § 439.3108, the court may not revoke or modify the conditions of a sentence of probation or conditional discharge except after a hearing with defendant represented by counsel and following a written notice of the grounds for revocation or modification.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 85, effective June 8, 2011. — Created 1974
Ky. Acts ch. 406, sec. 289, effective January 1, 1975.
(a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding of probable cause to believe that he has failed to comply with a condition of the sentence; or
Terms Used In Kentucky Statutes 533.050
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(b) A probation officer, or peace officer acting at the direction of a probation officer, who sees the defendant violate the terms of his probation or conditional discharge may arrest the defendant without a warrant.
(2) Except as provided in KRS § 439.3108, the court may not revoke or modify the conditions of a sentence of probation or conditional discharge except after a hearing with defendant represented by counsel and following a written notice of the grounds for revocation or modification.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 85, effective June 8, 2011. — Created 1974
Ky. Acts ch. 406, sec. 289, effective January 1, 1975.