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Kentucky

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to withdraw the plea, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the local district attorney’s office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Kentucky Attorney General represents the state on direct appeal, and the Attorney General’s office notifies victims when an appeal is filed. To receive appeal updates, victims can provide their updated contact information to the local district attorney’s office where the case was prosecuted and contact the Kentucky Attorney General’s Office of Victim Advocacy at 502-696-5312 to ensure notification.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Kentucky Attorney General represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can provide their updated contact information to the local district attorney’s office where the case was prosecuted and contact the Kentucky Attorney General’s Office of Victim Advocacy at 502-696-5312 to ensure notification.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Kentucky law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Kentucky Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can provide their updated contact information to the local district attorney’s office where the case was prosecuted and contact the Kentucky Attorney General’s Office of Victim Advocacy at 502-696-5312 to ensure notification.

Early Release Programs

These programs include parole, medical parole, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Kentucky, including parole, medical parole, and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or other programs.
  • The Kentucky Parole Board notifies victims when an incarcerated individual becomes eligible for parole review. Victims may sign up for notification through the Victim Information and Notification Everyday (VINE) system. Victims may also request notification of release through the Kentucky Department of Corrections Victim Services Branch. Additionally, the Kentucky Parole Victim Services unit assists victims with parole hearings and can be reached online or by calling (800) 221-5991 or (502) 564-3620.
  • Victims can track the status of a currently incarcerated person via the Kentucky Offender Online Lookup (KOOL).

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Kentucky law. In Kentucky, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency by providing their updated contact information to the local district attorney’s office where the case was prosecuted and contacting the Kentucky Attorney General’s Office of Victim Advocacy at 502-696-5312 to ensure notification.

Victims Rights
Post-Conviction

In Kentucky, victims have the right to:
  • Fairness and consideration of the victim’s safety, dignity, and privacy
  • Notification of an appeal*
  • Timely notification of all proceedings*
  • Be present at all proceedings
  • Be heard in proceedings involving release, plea, sentencing, or consideration of pardon, commutation, granting of reprieve, or other matters involving victims’ rights.
  • Proceedings free from unreasonable delay
  • Communicate with the prosecution
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property that was used as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Kentucky Crime Victims Compensation Board reimburses victims for expenses related to the crime, such as medical expenses, burial and funeral expenses, and lost wages.
  • Victims may contact their local prosecutor’s office for assistance with restitution recovery. Victims may apply for funds through the Kentucky Crime Victims Compensation Board (CVCB) online. Kentucky no longer imposes a time limit for victims to file a claim for compensation.

 

Click here to learn more about the post-conviction process and victims’ rights in Kentucky

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