Safer Kentucky Act Parole Case Heads to the Kentucky Supreme Court

When the Kentucky General Assembly passed the Safer Kentucky Act (House Bill 5) in 2024, it added offenses to Kentucky's violent-offender statute, KRS 439.3401. People convicted of an offense on that list generally must serve 85% of their sentence before they become eligible for parole, instead of the usual 20%. The law took effect July 15, 2024.

The question now headed to the Kentucky Supreme Court is whether that 85% rule can be applied to people whose offenses were committed before the law took effect.

What happened so far

After HB 5 took effect, the Department of Corrections began applying the stricter 85% parole rule to inmates whose crimes predated the new law. A class of inmates challenged that practice. On February 18, 2026, the Franklin Circuit Court sided with the inmates, finding that applying the new rule to earlier offenses violated constitutional protections against ex post facto (retroactive) punishment and KRS 446.110, the Kentucky statute that generally bars applying new penal laws retroactively. The court ordered the Department of Corrections to recalculate parole eligibility under the pre-HB 5 rules.

Attorney General Russell Coleman appealed (Commonwealth ex rel. Coleman v. Berry), and the Kentucky Supreme Court is scheduled to hear oral arguments on October 15, 2026 (WKYT; WUKY).

Why it matters

The difference between 20% and 85% can mean years of additional time before someone is even considered for parole. If the Supreme Court agrees with the circuit court, inmates whose offenses happened before July 15, 2024 would have their parole eligibility figured under the old rules. If it sides with the Commonwealth, the 85% rule could apply to those earlier offenses as well.

The case is also a reminder that when an offense occurred can matter as much as what the charge is. Parole eligibility, sentencing ranges, and plea decisions can all turn on which version of the law applies.

Questions about your case?

If you or a loved one is facing charges, or has questions about how the Safer Kentucky Act may affect a sentence or parole eligibility, contact the Law Office of B.J. Early, PLLC to schedule a free consultation.

This post is for general information only and is not legal advice. Past results do not guarantee or predict a similar outcome in any future matter.LOREM IPSUM