Kentucky Revised Statutes

Ky. Rev. Stat. § 431.517 (2026)

Authorization for home incarceration as a form of pretrial release -- Court

✓ current as of May 2026

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ordered participation of global positioning monitoring system -- Costs. (1) Except as provided in this section, home incarceration may be ordered as a form of pretrial release, subject to the conditions imposed by the provisions of KRS 532.200 to 532.250. (2) No defendant charged with an offense under KRS Chapter 507 may be released on home incarceration unless the court makes a finding that the defendant would not pose a threat to society. (3) A court ordering home incarceration as a form of pretrial release pursuant to this section may order the defendant to participate in a global positioning monitoring system program during all or part of the time of pretrial release through the use of a county-operated program pursuant to KRS 67.372 and 67.374 and not a program operated by the Department of Corrections pursuant to KRS 532.210 to 532.250. (4) A court ordering global positioning monitoring system program participation for a defendant pursuant to this section shall: (a) Require the defendant to pay all or the part of the monitoring costs based on the sliding scale adopted by the Supreme Court of Kentucky as specified in KRS 403.761 and administrative costs for participating in the system; (b) Provide the monitoring system with a written or electronic copy of the conditions of release; and (c) Provide the monitoring system with a contact at the office of the circuit clerk, Commonwealth's attorney, or county attorney, as appropriate, or pretrial release services for reporting violations of the monitoring order. (5) A person, county, or other organization may voluntarily agree to pay all or a portion of a defendant's monitoring costs specified in KRS 403.761. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 115, sec. 9, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 170, sec. 11, effective July 15, 2010. -- Created 1996 Ky. Acts ch. 45, sec. 1, effective July 15, 1996. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 9 of that Act.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2001–2024 · leading case: Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).

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Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005). · cites it 6× “Moreover, KRS 431.517 speaks directly to the issue at bar, while also emphasizing that the General Assembly intended that a distinction exists between release on bail versus other forms of pretrial release.”

Buford v. Commonwealth, 58 S.W.3d 490 (Ky. Ct. App. 2001). · cites it 5× “Each moved the trial court for additional jail-time credit for the time they spent in home incarceration, but the trial court, citing KRS 431.517, denied the motions. This appeal followed.”

David Scott Tate v. Commonwealth of Kentucky (Ky. Ct. App. 2022). · cites it 4× “(7) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in pretrial home incarceration pursuant to KRS 431.517, subject to the conditions imposed by KRS 532.”

Brittany Paxson v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 3× “2 See KRS 431.517. -3- ARGUMENTS AND ANALYSIS Appellant argues that the Barren Circuit Court erred in stating that it did not intend to place Appellant on home incarceration.”

Commonweath of Kentucky v. Brent Michael Watson (Ky. Ct. App. 2020). “See KRS 431.517(1). He was eligible to earn credit towards his maximum expiration date if convicted for the time he spent on HIP pursuant to KRS 532.”

Raymond Hurt, Jr. v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “KRS 431.517; KRS 532.245. Time on MCR does not satisfy these statutes.”

Berthier v. People of the Virgin Islands, 2024 V.I. 35 (2024). “§ 21-6609 (g); Kentucky, Ky. Rev. Stat. Ann. § 431.517 (4)(a); Louisiana: La.”

Tindell v. Commonwealth, 244 S.W.3d 126 (Ky. Ct. App. 2008). “The Court also pointed out that KRS 431.517 authorizes home incarceration as a form of pretrial release subject to the conditions imposed by the provisions of KRS 532.”

— Ky. Rev. Stat. § 431.517(1) — 2 cases

David Scott Tate v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “(7) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in pretrial home incarceration pursuant to KRS 431.517, subject to the conditions imposed by KRS 532.”

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