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THE ADVOCATE Volume 30, No. 1 January 2008 82
THE ADVOCATE Volume 30, No. 1 January 2008 Parole Eligibility Chart 20% Eligibility (applies to non-violent offenses committed after December 3, 1980) (Deduct credit for time served prior to sentencing.) 1-23 months................4 months 20 years.......................4 years 2 years.........................5 months 21 years.......................4 years, 2 months 2 years, 6 months........6 months 22 years.......................4 years, 5 months 3 years.........................7 months 23 years.......................4 years, 7 months 3 years, 6 months........8 months 24 years.......................4 years, 10 months 4 years........................10 months 25 years.......................5 years 4 years, 6 months.......11 months 26 years.......................5 years, 2 months 5 years........................1 year 27 years.......................5 years, 5 months 5 years, 6 months.......1 year, 1 month 28 years.......................5 years, 7 months 6 years........................1 year, 2 months 29 years.......................5 years, 10 months 7 years........................1 year, 5 months 30 years.......................6 years 8 years........................1 year, 7 months 31 years.......................6 years, 2 months 9 years........................1 year, 10 months 32 years.......................6 years, 5 months 10 years.......................2 years 33 years.......................6 years, 7 months 11 years.......................2 years, 2 months 34 years.......................6 years, 10 months 12 years.......................2 years, 5 months 35 years.......................7 years 13 years.......................2 years, 7 months 36 years.......................7 years, 2 months 14 years.......................2 years, 10 months 37 years.......................7 years, 5 months 15 years.......................3 years 38 years.......................7 years, 7 months 16 years.......................3 years, 2 months 39 years.......................7 years, 10 months 17 years.......................3 years, 5 months more than 39 years 18 years.......................3 years, 7 months up to and including life...........8 years 19 years.......................3 years, 10 months PFO 1 st ,and A,B, or C felony.......10 years PFO 1 st based only on Class D Felonies does not have to serve 10 years to be eligible for parole, but is calculated at 20% instead. The 10 years only applies if any one of the offenses is a Class C or above. Violent Offender, 85% (applies to offenses committed after July 15, 1998) Includes: Capital offense, Class A felonies, Class B felonies involving death or serious physical injury, felony sexual offense or attempt of it, use of minor in sexual performance, promoting sexual performance by a minor, unlawful transaction with a minor 1 st degree, promoting prostitution 1 st degree, criminal abuse first degree, burglary 1 st degree when accompanied by assault or attempted assault, burglary 1 st degree when accompanied by kidnapping or attempted kidnapping, robbery 1 st degree (for offenses after July 15, 2002). Violent offenders do not get good time credit! 10 years.......................8 years, 6 months 17 years.......................14 years, 5 months 10 years, 6 months......9 years 17 years, 6 months......15 years 11 years.......................9 years, 4 months 18 years.......................15 years, 4 months 11 years, 6 months......9 years, 10 months 18 years, 6 months......15 years, 10 months 12 years.......................10 years, 2 months 19 years.......................16 years, 2 months 12 years, 6 months......10 years, 9 months 19 years, 6 months......16 years, 8 months 13 years.......................11 years 20 years.......................17 years 13 years, 6 months......11 years, 7 months 20 years, 6 months......17 years, 6 months 14 years.......................11 years, 11 months 21 years.......................17 years, 10 months 14 years, 6 months......12 years, 5 months 21 years, 6 months......18 years, 4 months 15 years.......................12 years, 9 months 22 years.......................18 years, 8 months 15 years, 6 months......13 years 22 years, 6 months......19 years, 3 months 16 years.......................13 years, 7 months 23 years.......................19 years, 7 months 16 years, 6 months......14 years, 1 month 23 years, 6 months......20 years For any sentence over 23 years, 6 months, parole eligibility is 20 years. Hughes v. Commonwealth, 87 S.W.3d 850 (Ky.2002). There is an exception to 85% eligibility for victims of domestic violence. Life sentence – 20 years Ineligible for parole – Guilty of any felony offense under KRS 218A, 507, 508, 509, 511, or 513, or guilty of possession of a destructive device, unauthorized use of an automobile, riot 1 st degree or 2 nd degree, possession of firearm by convicted felon, unlawful possession of weapon on school property, possession of handgun by minor, or theft of a motor vehicle under 514.030, AND wearing body armor and armed with a deadly weapon or A sexual offender who qualifies for sexual offender treatment who has not yet finished the treatment program 83
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