KRS 506.170: Enhancement of penalty and minimum service of sentence for conviction

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 commiss ion 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 506.1 35 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 appl y in cases where the defendant is found to be a persistent

felony offender under KRS 532.080.