KRS § 532.110 Concurrent and consecutive terms of imprisonment.
The court decides whether multiple prison sentences run together or one after another, with some mandatory and maximum-term rules and special rules for certain sex crimes and offenses committed while imprisoned or escaping.
532.110 Concurrent and consecutive terms of imprisonment. (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for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences shall run concurrently or consecutively as the court shall determine at the time of sentence, except that: (a) A definite and an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.