(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2) of this section, and subject to modification by the trial judge pursuant to KRS 532.070.
(2) Unless otherwise provided by law, the authorized maximum terms of imprisonment for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510 or KRS 529.100, 529.110, 530.020, 530.064(1)(a), 531.310, 531.320, 531.335, or 531.340, the sentence shall include an additional five (5) year period of postincarceration supervision which shall be added to the maximum sentence rendered for the offense. During this period of postincarceration supervision, if a defendant violates the provisions of postincarceration supervision, the defendant may be reincarcerated for:
(a) The remaining period of his or her initial sentence, if any is remaining; and
(b) The entire period of postincarceration supervision, or if the initial sentence has been served, for the remaining period of postincarceration supervision.
(4) In addition to the penalties provided in this section, for any person subject to a period of postincarceration supervision pursuant to KRS 532.400 his or her sentence shall include an additional one (1) year period of postincarceration supervision following release from incarceration upon expiration of sentence if the offender is not otherwise subject to another form of postincarceration supervision. During this period of postincarceration supervision, if an offender violates the provisions of supervision, the offender may be reincarcerated for the remaining period of his or her postincarceration supervision.
(5) The actual time of release within the maximum established by subsection (1) of this section, or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 10, effective July 15, 2024. -- Amended 2011 Ky. Acts ch. 2, sec. 38, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 65, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 606, sec. 70, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 406, sec. 278, effective January 1, 1975.
Notes of Decisions
Cited in
160
cases (
47 in the last 5 years), 1976–2026 · leading case:
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
· cites it 2× “Thus, federal trial courts are required to exercise their power under FRCrP 11(c)(1)(3) to ensure that plea agreements reflect the seriousness of the underlying criminal behavior and the statutorily contemplated sentencing range.”
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
· cites it 6× “080(5) authorizes *561 trial courts to impose enhanced sentences upon such offenders: A person who is found to be a persistent felony offender in the second degree shall be sentenced to an indeterminate term of imprisonment pursuant to the sentencing provisions of KRS 532.060(2)…”
Dixon v. Commonwealth, 263 S.W.3d 583 (Ky. 2008).
· cites it 4× “However, KRS 532.060(2)(a) provides that the punishment range for a Class A felony is between twenty and fifty years' imprisonment, or life imprisonment.”
Commonwealth v. Reneer, 734 S.W.2d 794 (Ky. 1987).
· cites it 4× “" See Commentary to KRS 532.060. Although the Parole Board has promulgated an administrative regulation which establishes a schedule for parole eligibility, "[t]o this schedule, however, the board added the qualification that it could `review the case of any inmate for parole…”
Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988).
· cites it 6× “As stated in the Commentary to KRS 532.060, Sentence of Imprisonment for felony, "The actual length of his imprisonment is to be determined by the parole board.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
· cites it 4× “1432(2); KRS 532.060(2)(b), and one to five years for possession of a controlled substance in the first degree.”
Offutt v. Commonwealth, 799 S.W.2d 815 (Ky. 1990).
· cites it 8× “assessed under KRS 532.060," whereas section .060 assesses no penalty for capital offenses, those being punishable pursuant to KRS 532.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
· cites it 2× “KRS 532.060(2)(c). The sentences were ordered to run consecutively for a total of twenty years imprisonment.”
Buchanan v. Kentucky, 483 U.S. 402 (1987).
· cites it 2× “84(1) (1986); Ky. Rev. Stat. § 532.060 (1985); K. Brickley, Kentucky Criminal Law § 29.”
Commonwealth v. Crooks, 655 S.W.2d 475 (Ky. 1983).
· cites it 8× “The last sentence in the Commentary states: "If the jury is unable to agree unanimously that the defendant is a persistent felony offender or as to the sanction to be imposed upon him the sentence fixed by the jury under KRS 532.060 (for the primary offense) shall stand.”
— Ky. Rev. Stat. § 532.060(1) — 8 cases
— Ky. Rev. Stat. § 532.060(2) — 23 cases
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
“080(5) authorizes *561 trial courts to impose enhanced sentences upon such offenders: A person who is found to be a persistent felony offender in the second degree shall be sentenced to an indeterminate term of imprisonment pursuant to the sentencing provisions of KRS 532.060(2)…”
— Ky. Rev. Stat. § 532.060(2)(a) — 21 cases
Dixon v. Commonwealth, 263 S.W.3d 583 (Ky. 2008).
“However, KRS 532.060(2)(a) provides that the punishment range for a Class A felony is between twenty and fifty years' imprisonment, or life imprisonment.”
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
“080(5) authorizes *561 trial courts to impose enhanced sentences upon such offenders: A person who is found to be a persistent felony offender in the second degree shall be sentenced to an indeterminate term of imprisonment pursuant to the sentencing provisions of KRS 532.060(2)…”
— Ky. Rev. Stat. § 532.060(2)(b) — 22 cases
Dixon v. Commonwealth, 263 S.W.3d 583 (Ky. 2008).
“However, KRS 532.060(2)(a) provides that the punishment range for a Class A felony is between twenty and fifty years' imprisonment, or life imprisonment.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
“1432(2); KRS 532.060(2)(b), and one to five years for possession of a controlled substance in the first degree.”
— Ky. Rev. Stat. § 532.060(2)(c) — 34 cases
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
“KRS 532.060(2)(c). The sentences were ordered to run consecutively for a total of twenty years imprisonment.”
— Ky. Rev. Stat. § 532.060(2)(d) — 32 cases
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
“1432(2); KRS 532.060(2)(b), and one to five years for possession of a controlled substance in the first degree.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
“KRS 532.060(2)(c). The sentences were ordered to run consecutively for a total of twenty years imprisonment.”
— Ky. Rev. Stat. § 532.060(3) — 7 cases
— Ky. Rev. Stat. § 532.060(3)(a) — 1 case
— Ky. Rev. Stat. § 532.060(5) — 2 cases
— Ky. Rev. Stat. § 532.060(c) — 1 case
— Ky. Rev. Stat. § 532.060(d) — 4 cases
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