Kentucky Attorney General Files Emergency Appeal to Prevent Early Release of More Than 240 Convicted Offenders

Kentucky AG Russell Coleman filed an emergency motion to keep over 240 violent offenders in jail following a court ruling against the Safer Kentucky Act.

By: AXL Media

Published: Mar 7, 2026, 5:17 AM EST

Source: The information in this article was sourced from WBKO

Legal Challenge to the Safer Kentucky Act

A significant legal battle over Kentucky’s criminal justice system has moved to the appellate level. Attorney General Russell Coleman announced on Saturday the filing of an emergency motion intended to keep hundreds of convicted individuals behind bars. This action follows a February decision by the Franklin County Circuit Court which struck down parts of the Safer Kentucky Act. The legislation, also known as House Bill 5, was designed to toughen sentencing for specific offenses by expanding the definition of a violent offender.

Sentencing Thresholds and Parole Eligibility

The core of the dispute involves the "85% rule," which mandates that violent offenders serve the vast majority of their court ordered time before becoming eligible for parole. Before the enactment of the Safer Kentucky Act in 2024, individuals convicted of crimes such as reckless homicide or strangulation could often seek early release after completing only 20% of their sentences. The new law closed these gaps for those convicted but not yet sentenced at the time of its effective date. However, the recent Circuit Court ruling found these broader definitions to be invalid, effectively restoring the shorter 20% threshold for over 240 inmates.

Emergency Motion for Injunctive Relief

The Attorney General’s move comes after the Circuit Court denied a request to stay its own order while the litigation continues. Without intervention from the Kentucky Court of Appeals, the Kentucky Parole Board could begin processing these individuals for immediate release. Coleman argued that the General Assembly passed the act as a vital tool for public safety and law enforcement support. He cautioned that failure to block the lower court's ruling would result in violent criminals returning to Kentucky neighborhoods far sooner than the legislature intended.