506.170 Enhancement of penalty and minimum service of sentence for conviction

265 words·~1 min read·/ky/506-170

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

of criminal gang-related felonies resulting in risk of physical injury, serious

physical injury, or death -- Application to juveniles and persistent felony

offenders.

(1)Other provisions of law notwithstanding, a person shall be penalized one

(1)class

more severely than provided in the penalty provision pertaining to that felony

offense, unless the reclassification would move the offense to a capital offense, and

shall not be released on parole until he or she has served at least eighty-five percent

(85%) of the sentence imposed, if that person:

(a)Is convicted of an offense classified as a felony under any provision of the

Kentucky Revised Statutes and for which the commission of the felony or

felonies could or did place a member of the public at risk of physical injury,

serious physical injury, or death; and

(b)At the time of the commission of the offense or offenses was a member of a

criminal gang as defined in KRS 506.135 and acting for the purpose of

benefitting, promoting, or furthering the interests of a criminal gang or any

individual member of a criminal gang.

(2)This section shall not apply to a juvenile unless:

(a)He or she has been transferred to Circuit Court as a youthful offender pursuant

to KRS 640.010 and has on at least one

(1)prior separate occasion been

adjudicated a public offender for a felony offense; or

(b)He or she is a violent offender, as defined in KRS 439.3401.

(3)This section shall not apply in cases where the defendant is found to be a persistent

felony offender under KRS 532.080.