04RS HB407


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HB 407/CI (BR 236) - J. Richards

     AN ACT relating to crimes and punishments.
     Create a new section of KRS Chapter 439 to provide that when a defendant applies for shock probation that the defendant must show that he or she will not be a hazard to the community, and will not benefit from incarceration, and that release will not unduly depreciate the seriousness of their crime; limit shock probation of convicted felons; provide for appearance of prosecutor or Attorney General, or both, on the matter of release; permit Commonwealth to appeal a decision to grant shock probation; amend KRS 439.235 and KRS 439.267 to conform; prohibit shock probation for persons trafficking in controlled substances, and to allow a defendant to file only one motion for shock probation.


     HCS/CI - Amend to change requirement that defendant submit evidence relating to why defendant should be granted shock probation to a requirement to submit an affidavit as to reasons for shock probation; delete requirement for defendant to submit evidence that the defendant will not commit new crimes if released; delete requirement that judge find for shock probation by a preponderance of the evidence; delete presumption that if defendant has committed previous crimes or probation violations that the defendant should not receive shock probation; delete prohibition against probation of controlled substances statute violators; delete references to conditional discharge; delete option for Commonwealth to appeal granting of shock probation; retain all other original provisions of bill.

     HFA (1, K. Bratcher) - Amend Section 1 of the bill to require a court to find, prior to granting shock probation, that the provisions of the Crime Victim's Bill of Rights relating to victim notification have been met; amend KRS 421.500 to require victim notification where a motion for shock probation is filed in addition to when a hearing is scheduled; amend KRS 421.520 to allow a victim to submit a new victim impact statement in response to a motion for shock probation.

     Jan 29-introduced in House
     Jan 30-to Judiciary (H)
     Feb 13-posted in committee
     Feb 18-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 20, 2004; floor amendment (1) filed to Committee Substitute
     Mar 15-3rd reading, passed 91-0 with Committee Substitute, floor amendment (1)
     Mar 16-received in Senate
     Mar 19-to Judiciary (S)

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