(FRANKFORT, Ky.)
(Aug. 14, 2025) – The Kentucky Court of Appeals has temporarily blocked a lower court ruling that would have overturned key provisions of the state’s Safer Kentucky Act, affecting approximately 175 individuals convicted of violent crimes who must now serve significantly longer prison sentences.
The appellate court’s decision prevents the Franklin Circuit Court from invalidating House Bill 5 of 2024 while procedural matters remain under consideration. The legislation requires those convicted of designated violent offenses to complete at least 85% of their sentences before becoming eligible for any form of early release.
Expanded Definition of Violent Crime
The Safer Kentucky Act, championed by Representative Jared Bauman (R-Louisville) and other lawmakers, substantially revised Kentucky’s criminal justice framework by expanding the category of “violent offender” to encompass additional crimes including:
- Strangulation
- Reckless homicide
- Attempted murder
- Carjacking
Under the new law, individuals convicted of these and other designated violent offenses cannot be released through probation, shock probation, parole, conditional discharge, or similar early release programs until completing 85% of their court-imposed sentence.
Retroactive Application Creates Legal Challenge
The legislation applies retroactively to violent offenders who committed their crimes before the law took effect, provided they had not yet been sentenced when it was enacted. This retroactive provision affects the approximately 175 offenders currently impacted by the ruling.
Previously, Kentucky’s criminal justice system allowed early release eligibility after offenders served just 15% of their sentences for these same crimes.
Several affected individuals challenged the law’s constitutionality in Franklin Circuit Court, arguing that retroactive application violated their legal rights. The Attorney General’s Office has defended the statute throughout the legal proceedings.
Official Statements
Attorney General Russell Coleman emphasized public safety concerns in his response to the court’s decision, noting that many Kentuckians would find the previous 15% minimum serving requirement inadequate for serious violent crimes like strangulation.
Representative Bauman characterized the ruling as a victory for public safety, describing previous policies as creating a “revolving door” for repeat offenders and expressing appreciation for both the Attorney General’s defense of the law and the Court of Appeals’ decision.
The Commonwealth was represented in the proceedings by Deputy Solicitor General Shawn Chapman and Assistant Solicitor General Graham Pilotte.
The case continues as the Court of Appeals considers the underlying procedural issues raised in the constitutional challenge.