(1) When multiple sentences of imprisonment are imposed on a defendant for more
than one (1) crime, including a crime for which a previous sentence of probation or
conditional discharge has been revoked, the multiple sentences shall run
concurrently or consecutively as the court shall determine at the time of sentence,
except that:
(a) A definite and an indeterminate term shall run concurrently and both
sentences shall be satisfied by service of the indeterminate term;
(b) The aggregate of consecutive definite terms shall not exceed one (1) year;
(c) 1. Except as provided in paragraph (d) of this subsection, the aggregate of
consecutive indeterminate terms shall not exceed in maximum length
the longest extended term which would be authorized by KRS 532.080
for the highest class of crime for which any of the sentences is imposed,
except as described in KRS 533.060(2) or (3).
2. In no event shall the aggregate of consecutive indeterminate terms
exceed seventy (70) years; and
(d) The sentences of a defendant convicted of two (2) or more felony sex crimes,
as defined in KRS 17.500, involving two (2) or more victims shall run
consecutively.
(2) If the court does not specify the manner in which a sentence imposed by it is to run,
the sentence shall run concurrently with any other sentence which the defendant
must serve unless the sentence is required by subsection (3) of this section or KRS
533.060 to run consecutively.
(3) Notwithstanding any provision in this section to the contrary, if a person is
convicted of an offense that is committed while he or she is imprisoned in a penal
or reformatory institution, during an escape from imprisonment, or while he or she
awaits imprisonment, the sentence imposed for that offense may be added to the
portion of the term which remained unserved at the time of the commission of the
offense. The sentence imposed upon any person convicted of an escape or
attempted escape offense shall run consecutively with any other sentence which the
defendant must serve.
(4) Notwithstanding any provision in this chapter to the contrary, if a person is
convicted of an offense that is committed while he or she is imprisoned in a penal
or reformatory institution, the sentence imposed for that offense may, upon order of
the trial court, be served in that institution. The person may be transferred to
another institution pursuant to administrative regulations of the Department of
Corrections.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 127, sec. 1, effective July 15, 2024; and ch. 174,
sec. 50, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 182, sec. 47,
effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 11, sec. 5, effective July 15,
2002. -- Amended 1998 Ky. Acts ch. 606, sec. 114, effective July 15, 1998. --
Amended 1992 Ky. Acts ch. 211, sec. 135, effective July 14, 1992. -- Amended 1986
Ky. Acts ch. 331, sec. 59, effective July 15, 1986. -- Amended 1982 Ky. Acts ch.
405, sec. 3, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 283,
effective January 1, 1975; and ch. 74, Art. V, sec. 24(14).
Legislative Research Commission Note (7/15/2024). This statute was amended by 2024
Ky. Acts chs. 127 and 174, which do not appear to be in conflict and have been
codified together.
Notes of Decisions
McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010).
· cites it 15× “We reverse Appellant’s convictions because the plea agreement with the “hammer clause” resulted in the imposition of an unlawful sentence, and because we agree with Appellant’s argument that in the acceptance of the plea and imposition of the sentence, the trial judge did not…”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
· cites it 28× “*831 This section of the statute modifies the limit, or cap, placed on the sentence maximum set out in Section (1)(c) of KRS 532.110. With respect to KRS 533.060(2), the General Assembly further addresses the problem of the felons who commit subsequent felonies while on parole,…”
Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010).
· cites it 63× “KRS 532.110 provides, in pertinent part, as follows: (1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences…”
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
· cites it 22× “As in Wethington , the amended version of KRS 532.110(10(d)) denies the trial court the opportunity to consider concurrent sentences for crimes committed before the effective date of the subsection.”
Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015).
· cites it 15× “2 Martin alleges the trial court erred by (1) instructing the jury in a manner that violated his right to a unanimous verdict; (2) failing to instruct the jury regarding the consecutive-sentence cap in KRS 532.110 or to impose a sentence consistent with that cap; and (3)…”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
· cites it 19× “055(2) and KRS 532.110(1). KRS 532.055(2) provides, inter alia: *583 The jury shall recommend whether the sentences shall be served concurrently or consecutively.”
Castle v. Commonwealth, 411 S.W.3d 754 (Ky. 2013).
· cites it 29× “He argues that the aggregate length of his consecutive sentences, sixty years, exceeds the statutory limits set forth by KRS 532.110 and 532.080. We disagree. KRS 532.”
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
· cites it 26× “We agree with the interpretation of KRS 532.110 as enunciated by Justice Leibson’s dissent: It is difficult to maintain that [KRS 532.”
White v. Commonwealth, 32 S.W.3d 83 (Ky. Ct. App. 2000).
· cites it 14× “In the motion, he asked the trial court, based on the fact that KRS 532.110 had been amended by the Kentucky General Assembly in its 1998 regular legislative session, to reconsider its decision ordering the thirteen-year sentence under Indictment No.”
Winstead v. Commonwealth, 327 S.W.3d 479 (Ky. 2010).
· cites it 12× “Such a result is in violation of the express provisions of KRS 532.110(3)." [3] *483 Winstead appealed the granting of the CR 60.”
MacHniak v. Commonwealth, 351 S.W.3d 648 (Ky. 2011).
· cites it 10× “The requirement that a defendant receive a certain and stable punishment at the time of conviction, which may not be escalated based on something that occurs subsequently, is further reflected in KRS 532.110(1), which provides, "when multiple sentences of imprisonment are…”
Cummings v. Commonwealth, 226 S.W.3d 62 (Ky. 2007).
· cites it 6× “3 KRS 532.110 provides that when multiple sentences are imposed on a defendant the court shall determine as a matter of discretion whether the sentences shall run concurrently or consecutively.”
— Ky. Rev. Stat. § 532.110(1) — 64 cases
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
“055(2) and KRS 532.110(1). KRS 532.055(2) provides, inter alia: *583 The jury shall recommend whether the sentences shall be served concurrently or consecutively.”
MacHniak v. Commonwealth, 351 S.W.3d 648 (Ky. 2011).
“The requirement that a defendant receive a certain and stable punishment at the time of conviction, which may not be escalated based on something that occurs subsequently, is further reflected in KRS 532.110(1), which provides, "when multiple sentences of imprisonment are…”
White v. Commonwealth, 32 S.W.3d 83 (Ky. Ct. App. 2000).
“In the motion, he asked the trial court, based on the fact that KRS 532.110 had been amended by the Kentucky General Assembly in its 1998 regular legislative session, to reconsider its decision ordering the thirteen-year sentence under Indictment No.”
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
“We agree with the interpretation of KRS 532.110 as enunciated by Justice Leibson’s dissent: It is difficult to maintain that [KRS 532.”
McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010).
“We reverse Appellant’s convictions because the plea agreement with the “hammer clause” resulted in the imposition of an unlawful sentence, and because we agree with Appellant’s argument that in the acceptance of the plea and imposition of the sentence, the trial judge did not…”
— Ky. Rev. Stat. § 532.110(1)(a) — 10 cases
— Ky. Rev. Stat. § 532.110(1)(b) — 2 cases
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
“055(2) and KRS 532.110(1). KRS 532.055(2) provides, inter alia: *583 The jury shall recommend whether the sentences shall be served concurrently or consecutively.”
— Ky. Rev. Stat. § 532.110(1)(c) — 81 cases
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“*831 This section of the statute modifies the limit, or cap, placed on the sentence maximum set out in Section (1)(c) of KRS 532.110. With respect to KRS 533.060(2), the General Assembly further addresses the problem of the felons who commit subsequent felonies while on parole,…”
— Ky. Rev. Stat. § 532.110(1)(c)(1) — 1 case
— Ky. Rev. Stat. § 532.110(1)(d) — 4 cases
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
“As in Wethington , the amended version of KRS 532.110(10(d)) denies the trial court the opportunity to consider concurrent sentences for crimes committed before the effective date of the subsection.”
Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010).
“KRS 532.110 provides, in pertinent part, as follows: (1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences…”
— Ky. Rev. Stat. § 532.110(1c)(sic) — 1 case
— Ky. Rev. Stat. § 532.110(2) — 22 cases
— Ky. Rev. Stat. § 532.110(3) — 10 cases
Winstead v. Commonwealth, 327 S.W.3d 479 (Ky. 2010).
“Such a result is in violation of the express provisions of KRS 532.110(3)." [3] *483 Winstead appealed the granting of the CR 60.”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“*831 This section of the statute modifies the limit, or cap, placed on the sentence maximum set out in Section (1)(c) of KRS 532.110. With respect to KRS 533.060(2), the General Assembly further addresses the problem of the felons who commit subsequent felonies while on parole,…”
— Ky. Rev. Stat. § 532.110(4) — 5 cases
Winstead v. Commonwealth, 327 S.W.3d 479 (Ky. 2010).
“Such a result is in violation of the express provisions of KRS 532.110(3)." [3] *483 Winstead appealed the granting of the CR 60.”
— Ky. Rev. Stat. § 532.110(b) — 1 case
— Ky. Rev. Stat. § 532.110(c) — 5 cases
— Ky. Rev. Stat. § 532.110(d) — 1 case
— Ky. Rev. Stat. § 532.110(l)(a) — 17 cases
— Ky. Rev. Stat. § 532.110(l)(c) — 56 cases
McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010).
“We reverse Appellant’s convictions because the plea agreement with the “hammer clause” resulted in the imposition of an unlawful sentence, and because we agree with Appellant’s argument that in the acceptance of the plea and imposition of the sentence, the trial judge did not…”
Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015).
“2 Martin alleges the trial court erred by (1) instructing the jury in a manner that violated his right to a unanimous verdict; (2) failing to instruct the jury regarding the consecutive-sentence cap in KRS 532.110 or to impose a sentence consistent with that cap; and (3)…”
Castle v. Commonwealth, 411 S.W.3d 754 (Ky. 2013).
“He argues that the aggregate length of his consecutive sentences, sixty years, exceeds the statutory limits set forth by KRS 532.110 and 532.080. We disagree. KRS 532.”
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
“We agree with the interpretation of KRS 532.110 as enunciated by Justice Leibson’s dissent: It is difficult to maintain that [KRS 532.”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“*831 This section of the statute modifies the limit, or cap, placed on the sentence maximum set out in Section (1)(c) of KRS 532.110. With respect to KRS 533.060(2), the General Assembly further addresses the problem of the felons who commit subsequent felonies while on parole,…”
— Ky. Rev. Stat. § 532.110(l)(d) — 2 cases
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
“As in Wethington , the amended version of KRS 532.110(10(d)) denies the trial court the opportunity to consider concurrent sentences for crimes committed before the effective date of the subsection.”
Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010).
“KRS 532.110 provides, in pertinent part, as follows: (1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences…”
— Ky. Rev. Stat. § 532.110(l)(e) — 10 cases
Castle v. Commonwealth, 411 S.W.3d 754 (Ky. 2013).
“He argues that the aggregate length of his consecutive sentences, sixty years, exceeds the statutory limits set forth by KRS 532.110 and 532.080. We disagree. KRS 532.”
McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010).
“We reverse Appellant’s convictions because the plea agreement with the “hammer clause” resulted in the imposition of an unlawful sentence, and because we agree with Appellant’s argument that in the acceptance of the plea and imposition of the sentence, the trial judge did not…”
Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015).
“2 Martin alleges the trial court erred by (1) instructing the jury in a manner that violated his right to a unanimous verdict; (2) failing to instruct the jury regarding the consecutive-sentence cap in KRS 532.110 or to impose a sentence consistent with that cap; and (3)…”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“*831 This section of the statute modifies the limit, or cap, placed on the sentence maximum set out in Section (1)(c) of KRS 532.110. With respect to KRS 533.060(2), the General Assembly further addresses the problem of the felons who commit subsequent felonies while on parole,…”
— Ky. Rev. Stat. § 532.110(lXb) — 1 case
— Ky. Rev. Stat. § 532.110(lc)(sic) — 1 case
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