Miller v. Commonwealth, 2013 Ky. LEXIS 6

Miller was convicted of a misdemeanor criminal attempt to unlawful transaction with a minor and placed on two years’ probation with a condition to attend counseling.
Probation and Parole recommended enrollment in the state sex offender treatment program (SOTP), typically a three-year program.
Trial court extended Miller’s probation beyond two years to allow completion of the program, citing KRS 532.045 and related statutes.
Court of Appeals reversed the extension, holding Miller never consented to an extension and that statutory authority did not allow extending probation for such a program.
This Court granted discretionary review to determine whether probation could be extended or must expire, and whether revocation could occur on remand.
The Court holds that the two-year probation period cannot be extended to complete SOTP when Miller did not consent, and Miller’s probation discharged by operation of law on the two-year anniversary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can probation be revoked on remand for failure to complete SOTP?	Miller opposed extension; no consent to extension; revocation not appropriate.	Commonwealth argued extension possible to complete treatment.	No; probation discharge; revocation on remand not authorized.
Is KRS 532.045(4) applicable to Miller's probation?	Statute should apply because Miller was connected to sex offender treatment.	Statute applies only if defendant has been convicted of a sex crime; Miller was not.	Not applicable; Miller was not convicted of a sex crime, so SOTP is not a statutory condition.
May probation be extended beyond two years when a treatment program is involved?	Extension could be justified by plea agreement or statutory authority.	Extension requires defendant consent; otherwise not allowed; two-year limit stands.	Extension not permitted; discharge occurs at the end of the two-year period absent valid consent or applicable statute.
Does the trial court retain jurisdiction to revoke probation after the end of the probationary period?	Jurisdiction may continue if remand occurs before expiration.	Revocation must occur before probation expires; after expiration, discharge by operation of law.	Revocation cannot occur after expiration; Miller was discharged on the two-year anniversary.

Conrad v. Evridge, 315 S.W.3d 313 (Ky. 2010) (revocation must occur before probation expiration; jurisdiction ends at expiration)
Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977) (jurisdiction ceases by operation of law at probation end)
Commonwealth v. Griffin, 942 S.W.2d 289 (Ky. 1997) (probation extension requires defendant consent and statutory bounds)