Jones v. Commonwealth

Opinion of the Court by

Justice SCHRODER.

Before this Court are two consolidated cases from the Court of Appeals with the *296same issue: whether KRS 532.043(5) violates the separation of powers doctrine of Sections 27 and 28 of the Kentucky Constitution by giving the judicial branch, rather than the executive branch, the power to revoke conditional discharge imposed after a period of incarceration.1 We agree that the statute violates the separation of powers doctrine by impermissibly conferring an executive power to the judiciary. Therefore, we reverse the revocations in both cases.

KRS 532.043…