KRS § 439.3401 — KY Code / Title XL / Chapter 439 / Section 439.3401
439.3401 Violent offenders -- Conditions for release -- Applicability of section to victim of domestic violence or abuse -- Time of offense -- Prohibition against award of credit
Status: in_force

439.3401 Violent offenders -- Conditions for release -- Applicability of section to

victim of domestic violence or abuse -- Time of offense -- Prohibition against

award of credit.

(1) As used in this section, "violent offender" means any person who has been

convicted of or pled guilty to the:

(a) Commission or attempted commission of:

1. A capital offense;

2. A Class A felony; or

3. A felony sexual offense described in KRS Chapter 510; or

(b) Commission of:

1. A felony involving the death of the victim or serious physical injury to a

victim;

2. Use of a minor in a sexual performance as described in KRS 531.310;

3. Promoting a sexual performance by a minor as described in KRS

531.320;

4. Unlawful transaction with a minor in the first degree as described in

KRS 530.064(1)(a);

5. Human trafficking under KRS 529.100 involving commercial sexual

activity where the victim is a minor;

6. Criminal abuse in the first degree as described in KRS 508.100;

7. Burglary in the first degree accompanied by the commission or

attempted commission of an assault as described in KRS 508.010,

508.020, 508.032, or 508.060;

8. Burglary in the first degree accompanied by commission or attempted

commission of kidnapping as described in KRS 509.040;

9. Burglary in the first degree as described in KRS 511.020, if a person

other than a participant in the crime was present in the building during

the commission of the offense;

10. Robbery in the first degree as described in KRS 515.020;

11. Robbery in the second degree as described in KRS 515.030;

12. Incest as described in KRS 530.020(2)(b) or (c);

13. Arson in the first degree as described in KRS 513.020;

14. Strangulation in the first degree as described in KRS 508.170;

15. Carjacking as described in KRS 515.040;

16. A Class C felony violation of promoting contraband in the first degree

as described in KRS 520.050; or

17. Wanton endangerment in the first degree as described in KRS 508.060

involving the discharge of a firearm.

(2) The court shall designate in its judgment if:

(a) The victim suffered death or serious physical injury; and

(b) A person other than a participant in the crime was present in the building

during the commission of burglary in the first degree.

(3) 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 or her sentence is

commuted to a life sentence shall not be released on probation or parole until he or

she 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.

(4) A violent offender with a sentence of a term of years shall not be released on

probation, shock probation, parole, conditional discharge, or other form of early

release until he or she has served at least eighty-five percent (85%) of the sentence

imposed.

(5) A violent offender shall only be awarded credit on his or her sentence authorized by

KRS 197.045(1)(a)1.

(6) 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.

(7) This section shall apply only to those persons who commit offenses after July 15,

1998.

(8) For offenses committed prior to July 15, 1998, the version of this statute in effect

immediately prior to that date shall continue to apply.

(9) 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.