Parole for Violent Offenses in Kentucky: Understanding the 85% Rule
When a loved one is convicted of a violent offense in Kentucky, the parole landscape changes dramatically. Kentucky’s violent offender statute imposes some of the strictest parole eligibility requirements in the Commonwealth, and understanding these rules is essential for families planning for the future. At Clark + Harris, our attorneys serving Lexington, Louisville, and all of Kentucky help families understand what the law requires and what options may be available.
The Violent Offender Statute: KRS 439.3401
KRS 439.3401 is Kentucky’s violent offender statute, and it has a profound impact on parole eligibility for individuals convicted of designated violent offenses. Under this statute, a person convicted of a violent offense must serve at least 85 percent of their sentence before becoming eligible for parole. This is in stark contrast to the 20 percent threshold that applies to most non-violent offenses.
The practical impact is staggering. A defendant sentenced to 20 years for a non-violent offense could be parole eligible after 4 years. The same sentence under the violent offender statute means the defendant must serve at least 17 years before the Parole Board will even consider the case.
Which Offenses Trigger the Violent Offender Statute?
The statute applies to individuals convicted of a capital offense, a Class A felony, or a Class B felony involving certain designated violent acts. Specific offenses commonly subject to the violent offender statute include murder, voluntary manslaughter, assault in the first degree, robbery in the first degree, burglary in the first degree, kidnapping, rape in the first degree, sodomy in the first degree, and certain other offenses involving serious physical injury or the use of a deadly weapon.
The determination of whether the violent offender statute applies is made at sentencing and is based on the specific offense of conviction and the circumstances of the case. Not every felony conviction triggers the 85 percent requirement — only those offenses that fall within the statute’s defined categories.
Calculating the 85 Percent Requirement
The 85 percent calculation is applied to the total sentence imposed. For a single sentence, the calculation is straightforward. For multiple sentences running concurrently, the 85 percent is calculated based on the longest individual sentence. For consecutive sentences involving violent offenses, the calculation may be based on the aggregate sentence, which can result in an exceptionally long minimum service requirement.
Good time credit has a limited effect on the 85 percent calculation for violent offenders. Unlike non-violent offenders who may earn significant good time credits that accelerate their parole eligibility, violent offenders under KRS 439.3401 must serve the full 85 percent of the actual sentence imposed.
The Parole Hearing for Violent Offenders
When a violent offender finally reaches their parole eligibility date, the parole hearing process is essentially the same as for other inmates, but the board’s scrutiny is typically heightened. Board members pay particular attention to the nature and circumstances of the violent offense, the inmate’s institutional behavior over the extended period of incarceration, completion of anger management, violence reduction, and other relevant programs, the risk assessment score, victim input, and the strength of the release plan.
Challenging the Violent Offender Designation
In some cases, the application of the violent offender statute may be subject to challenge. If the statute was incorrectly applied — for example, if the offense of conviction does not actually fall within the statute’s defined categories — a post-conviction motion may be appropriate to correct the error. Similarly, if a change in the law has affected the applicability of the statute, the defendant may have grounds to seek modification.
Clark + Harris: Advocates for Violent Offense Cases
At Clark + Harris, we handle violent offense cases with the seriousness and dedication they require. Our attorneys serving Lexington, Louisville, and all of Kentucky understand the unique challenges these cases present and work tirelessly to identify every available avenue for relief.
If your loved one is behind bars in Kentucky, time is critical. Call Clark + Harris today at 859-474-0001 for a free consultation. Even under the violent offender statute, options may exist — let us help you find them.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful: