1. A. Any time within twelve (12) months after a sentence is imposed for incarceration in a state correctional institution pursuant to the applicable state sentencing matrix or within twelve (12) months after a sentence to probation, a suspended sentence or a plit sentence has been revoked, to a term of incarceration in a state correction institution, the court imposing sentence or revocation may modify any unserved portion of the sentence by directing that another penalty be imposed, if the court is satisfied that the best interests of the public will not be jeopardized.
2. B. The Department of Corrections shall provide the court imposing a sentence to state incarceration or revocation of a sentence to probation , a suspended sentence or a split sentence to a term of state incarceration with the report by the Lexington Assessment and Reception Center and any other information the Department can supply on the inmate. The court shall consider such reports when modifying the sentence.
3. C. If the court considers modification of the sentence, a hearing shall be made in open court. The clerk of the court imposing sentence or revocation shall give notice of the hearing and provide a copy of the report by the Lexington Assessment and Reception Center to the inmate, the inmate's legal counsel and the district attorney of the county in which the inmate was convicted not less than twenty-one (21) days prior to the hearing.
4. D. If an appeal is taken which results in a modification of the sentence for the defendant, such sentence may be further modified in the manner hereinbefore described within twelve (12) months after the receipt by the clerk of the district court of the mandate from the Supreme Court or the Court of Criminal Appeals.

Laws 1983, SB 127, c. 37, § 1, eff. November 1, 1983; Amended by Laws 1997, HB 1213, c. 133, § 69 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 3062, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available).