Kentucky Revised Statutes
Ky. Rev. Stat. § 431.130 (2026)
Confinement in penitentiary, county jail or workhouse -- Nature
✓ current as of May 2026
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Prisoners sentenced to punishment by confinement in the penitentiary shall be kept at hard labor. If the punishment is imprisonment in the jail of the county, the imprisonment shall be close confinement in the jail of the county where the trial was held, unless otherwise provided. In any jurisdiction where there is a county workhouse the court may in its discretion confine the prisoner to the county workhouse instead of the county jail. History: Amended 1974 Ky. Acts ch. 406, sec. 315. -- Amended 1962 Ky. Acts ch. 234, sec. 43. -- Amended 1952 Ky. Acts ch. 43, sec. 2. -- Amended 1944 Ky. Acts ch. 17, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1136.
Notes of Decisions
Cited in 23
cases, 1946–1978 · leading case: Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978).
Ex Parte Farley, 570 S.W.2d 617 (Ky. 1978). “130 was amended to delete reference to the fixing of punishment. Since that time the jury requirement has been preserved in RCr 9.”
Brown v. Hoblitzell, 307 S.W.2d 739 (Ky. Ct. App. 1957). “Criminal Code Section 258; KRS 431.130; Parsley v. Commonwealth, Ky.”
Parsley v. Commonwealth, 272 S.W.2d 326 (Ky. Ct. App. 1954). “the Criminal Code and KRS 431.130 designate the manner in which punishment for crime may be inflicted.”
Hicks v. Commonwealth, 388 S.W.2d 568 (Ky. Ct. App. 1965). “140 permits a sentence of death, it is reasoned that KRS 431.130 (as it existed in 1961 when the present conviction was had) forbids the judge’s entering of sentence without a jury’s verdict.”
Williams v. Jones, 338 S.W.2d 693 (Ky. Ct. App. 1960). “2d 885 , in which it was held that the imposition by the court, without the intervention of a jury, of a sentence above the minimum penalty for the offense, in violation of KRS 431.130 and Section 258-of the Criminal Code, did not make the judgment void.”
Lee v. Buchanan, 264 S.W.2d 661 (Ky. Ct. App. 1954). “” ■ • *662 Prior to the 1952 amendment to KRS 431.130, there was .a statutory requirement that the punishment to be inflicted within the periods or amounts prescribed by law should be fixed by a jury.”
Allison v. Gray, 296 S.W.2d 735 (Ky. Ct. App. 1956). “The statute, KRS 431.130, provides that where such a plea is entered and the defendant is represented by counsel “the court may, within its discretion, and without the intervention of a jury, fix the degree of punishment within the periods or amounts prescribed by law, except in…”
Hurt v. Commonwealth, 333 S.W.2d 951 (Ky. Ct. App. 1960). “Code §§ 258 and 284 and KRS 431.130 specifically authorizing the procedure which was followed in this case.”
Tackett v. Commonwealth, 320 S.W.2d 299 (Ky. Ct. App. 1959). “Criminal Code of Practice, § 258; KRS 431.130; King v. Commonwealth, Ky., 283 S.”
Perry v. Commonwealth, 407 S.W.2d 714 (Ky. Ct. App. 1966). “This procedure was authorized under the old Criminal Code of Practice, §§ 258 and 284, and KRS 431.130 (in effect at the time appellant was sentenced ; see now RCr 9.”
Thomas v. Maggard, 313 S.W.2d 271 (Ky. Ct. App. 1958). “The sentence further was unauthorized because it was imposed by the court without the intervention of a jury (upon a plea of guilty with advice of counsel).”
Ruggles v. Commonwealth, 451 S.W.2d 634 (Ky. Ct. App. 1970). “When Ruggles was tried KRS 431.130 provided, in part: “A jury by whom an offender is tried in any court of this Commonwealth shall fix by its verdict a punishment to be inflicted within the periods or amounts prescribed by law; provided, however, that upon a verdict of ‘guilty’…”
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