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Kentucky's Parole Eligibility Statutes and Regulations

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Provisions affecting parole eligibility can be found throughout the Kentucky Revised Statutes and Kentucky Administrative Regulations. All parole decisions are at the sole discretion of the Department of Corrections.

The rules listed here are only a starting point for determining parole eligibility. Each case is different and there are many exceptions. Kentucky’s parole laws are complicated. - it is important to speak with a criminal defense attorney about
the facts in your case.

Provisions affecting parole eligibility can be found throughout the Kentucky Revised Statutes and Kentucky Administrative Regulations. All parole decisions are at the sole discretion of the Department of Corrections.
The rules listed here are only a starting point for determining parole eligibility. Each case is different and there are many exceptions. Kentucky’s parole laws are complicated. - retain competent criminal defense counsel who can advise you of your potential parole eligibility after investigating
the facts in your case.


Parole Eligibility for a Class D Felon with a Sentence of 1 to 5 Years

Under Section 439.340(3)(a) of the Kentucky Revised Statutes, a nonviolent offender convicted of a Class D felony with an aggregate sentence of one to five years shall have his or her case reviewed by the Parole Board after serving fifteen percent or two months of the original sentence, whichever is longer. See KRS 439.340.

The “Determining parole eligibility” section (501 KAR 1:030) of the Kentucky Administrative Regulations cites to the above statute and also provides, in part, the following:

Parole Eligibility for NONVIOLENT Felons

(For a felony offense committed after December 3, 1980)


Sentence Being Served

1 year, up to but not including 2 years

2 years, up to and including 39 years

More than 39 years, up to and inc. life

First Degree Persistent felony offender (in conjunction with a Class A, B or C felony)
Time Required Before First Review

4 months

20% of sentence received

8 years

10 years



Parole Eligibility for VIOLENT Felons

Sentence Being Served

Sentences of a number of years


Sentences of life
Time Required Before First Review

85% of sentence received or 20 years, whichever is less

20 years


VIOLENT Crimes

(For crimes committed on or after July 15, 1998):

Capital offense, Class A felony, or Class B felony where the elements of the offense or the judgment of the court demonstrate that the offense involved death or serious physical injury to the victim or Rape 1 or Sodomy 1; or


(For crimes committed on or after July 15, 2002):

Burglary in the first degree accompanied by the commission or attempted commission of a felony sexual offense in KRS Chapter 510;

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;

Burglary in the first degree accompanied by the commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

Robbery in the first degree; or


(For crimes committed on or after July 12, 2006)
Capital offense

Class A felony

Complicity to Class A felony

Class B felony involving the death of the victim or serious physical injury to a victim;

The commission or attempted commission of a Class A or B felony sex offense in KRS Chapter 510;

The use of a minor in a sexual performance as described in KRS 531.310(2)(b) and 531.310(2)(c);

Promoting a sexual performance by a minor described in KRS 531.320(2)(b) and 531.320(2)(c);

Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a) when the minor is less than 16 years old or if the minor incurs physical injury;

Promoting prostitution in the first degree as described in KRS 529.030(1)(a) when the minor is less than 16 years old or if the minor incurs physical injury;

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;

Burglary in the first degree accompanied by the commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

Robbery in the first degree; or

(For crimes committed on or after June 26, 2007)
Capital offense

Class A felony

Complicity to Class A felony

Class B felony involving the death of the victim or serious physical injury to a victim;

The commission or attempted commission of a Class A or B felony sex offense in KRS Chapter 510;

The use of a minor in a sexual performance as described in KRS 531.310(2)(b) and 531.310(2)(c);

Promoting a sexual performance by a minor described in KRS 531.320(2)(b) and 531.320(2)(c);

Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a) when the minor is less than 16 years old or if the minor incurs physical injury;

Human trafficking as described in KRS 529.010(5)(b) when the victim is a minor;

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;

Burglary in the first degree accompanied by the commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

Robbery in the first degree



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Covington, Kentucky 41011
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