{"data":{"id":"us-ky/krs-532.055","jurisdiction":"us-ky","citation":"KRS 532.055","heading":"Verdicts and sentencing by jury in felony cases.","body":"(1) In all felony cases, the jury in its initial verdict will make a determination of not\nguilty, guilty, guilty but mentally ill, or not guilty by virtue of insanity, and no more.\n(2) Upon return of a verdict of guilty or guilty but mentally ill against a def endant, the\ncourt shall conduct a sentencing hearing before the jury, if such case was tried\nbefore a jury. In the hearing the jury will determine the punishment to be imposed\nwithin the range provided elsewhere by law. The jury shall recommend whether the\nsentences shall be served concurrently or consecutively.\n(a) Evidence may be offered by the Commonwealth relevant to sentencing\nincluding:\n1. Minimum parole eligibility, prior convictions of the defendant, both\nfelony and misdemeanor;\n2. The nature of prior offenses for which he was convicted;\n3. The date of the commission, date of sentencing, and date of release from\nconfinement or supervision from all prior offenses;\n4. The maximum expiration of sentence as determined by the division of\nprobation and parole for all such current and prior offenses;\n5. The defendant's status if on probation, parole, postincarceration\nsupervision, conditional discharge, or any other form of legal release;\n6. Juvenile court records of adjudications of guilt of a child for an offense\nthat would be a felony if committed by an adult. Subject to the Kentucky\nRules of Evidence, these records shall be admissible in court at any time\nthe child is tried as an adult, or after the child becomes an adult, at any\nsubsequent criminal trial  relating to that same person. Juvenile court\nrecords made available pursuant to this section may be used for\nimpeachment purposes during a criminal trial and may be used during\nthe sentencing phase of a criminal trial; however, the fact that a juvenile\nhas been adjudicated delinquent of an offense that would be a felony if\nthe child had been an adult shall not be used in finding the child to be a\npersistent felony offender based upon that adjudication. Release of the\nchild's treatment, medical, mental, or psychological records is prohibited\nunless presented as evidence in Circuit Court. Release of any records\nresulting from the child's prior abuse and neglect under Title IV -E or\nTitle IV-B of the federal Social Security Act is also prohibited; and\n7. The impact of the crime upon the victim or victims, as defined in KRS\n421.500, including a description of the nature and extent of any physical,\npsychological, or financial harm suffered by the victim or victims;\n(b) The defendant may introduce evidence in mitigation or in support of leniency;\nand\n(c) Upon conclusion of the proof, the court shall instruct the jury on the range of\npunishment and counsel for the defendant may present arguments followed by\nthe counsel for the Commonwealth. The jury shall then retire  and recommend\na sentence for the defendant.\n(3) All hearings held pursuant to this section shall be combined with any hearing\nprovided for by KRS 532.080.\n(4) In the event that the jury is unable to agree as to the sentence or any portion thereof\nand so reports to the judge, the judge shall impose the sentence within the range\nprovided elsewhere by law.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39605","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"08ba69cbff835a08509d6b985216e8c4a80adc8ab0686370f863ac96ce597970","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.050","next":"us-ky/krs-532.060"},"notice":"GroundRules: Original legal text. Not legal advice."}