2011 Kentucky Revised Statutes CHAPTER 439 PROBATION AND PAROLE 439.3401 Parole for violent offenders -- Applicability of section to victim of domestic violence or abuse -- Time of offense -- Prohibition against award of credit.
KY Rev Stat § 439.3401 (1996 through Reg Sess) What's This?
439.3401 Parole for violent offenders -- Applicability of section to victim of
domestic violence or abuse -- Time of offense -- Prohibition against award of
credit.
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(3)
(4)
As used in this section, "violent offender" means any person who has been
convicted of or pled guilty to the commission of:
(a) A capital offense;
(b) A Class A felony;
(c) A Class B felony involving the death of the victim or serious physical injury
to a victim;
(d) The commission or attempted commission of a felony sexual offense
described in KRS Chapter 510;
(e) Use of a minor in a sexual performance as described in KRS 531.310;
(f) Promoting a sexual performance by a minor as described in KRS 531.320;
(g) Unlawful transaction with a minor in the first degree as described in KRS
530.064(1)(a);
(h) Human trafficking under KRS 529.100 involving commercial sexual activity
where the victim is a minor;
(i) Criminal abuse in the first degree as described in KRS 508.100;
(j) Burglary in the first degree accompanied by the commission or attempted
commission of an assault described in KRS 508.010, 508.020, 508.032, or
508.060;
(k) Burglary in the first degree accompanied by commission or attempted
commission of kidnapping as prohibited by KRS 509.040; or
(l) Robbery in the first degree.
The court shall designate in its judgment if the victim suffered death or serious
physical injury.
A violent offender who has been convicted of a capital offense and who has
received a life sentence (and has not been sentenced to twenty-five (25) years
without parole or imprisonment for life without benefit of probation or parole), or a
Class A felony and receives a life sentence, or to death and his sentence is
commuted to a life sentence shall not be released on probation or parole until he has
served at least twenty (20) years in the penitentiary. Violent offenders may have a
greater minimum parole eligibility date than other offenders who receive longer
sentences, including a sentence of life imprisonment.
A violent offender who has been convicted of a capital offense or Class A felony
with a sentence of a term of years or Class B felony who is a violent offender shall
not be released on probation or parole until he has served at least eighty-five percent
(85%) of the sentence imposed.
A violent offender shall not be awarded any credit on his sentence authorized by
KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his
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sentence if the credit reduces the term of imprisonment to less than eighty-five
percent (85%) of the sentence.
This section shall not apply to a person who has been determined by a court to have
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard
to the offenses involving the death of the victim or serious physical injury to the
victim. The provisions of this subsection shall not extend to rape in the first degree
or sodomy in the first degree by the defendant.
This section shall apply only to those persons who commit offenses after July 15,
1998.
For offenses committed prior to July 15, 1998, the version of this statute in effect
immediately prior to that date shall continue to apply.
The provisions of subsection (1) of this section extending the definition of "violent
offender" to persons convicted of or pleading guilty to robbery in the first degree
shall apply only to persons whose crime was committed after July 15, 2002.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 99, effective June 8, 2011. -- Amended
2007 Ky. Acts ch. 19, sec. 11, effective June 26, 2007. -- Amended 2006 Ky. Acts
ch. 182, sec. 27, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 120, sec. 2,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 401, sec. 3, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 606, sec. 77, effective July 15, 1998. -Amended 1992 Ky. Acts ch. 173, sec. 4, effective July 14, 1992. -- Amended 1991
(1st Extra. Sess.) Ky. Acts ch. 3, sec. 1, effective February 15, 1991. -- Created 1986
Ky. Acts ch. 358, sec. 1, effective July 15, 1986.
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