As used in KRS 532.210 to 532.250, unless the context otherwise requires:
(1) "Home" means the temporary or permanent residence of a defendant consisting of
the actual living area. If more than one (1) residence or family is located on a single
piece of property, "home" does not include the residence of any other person who is
not part of the social unit formed by the defendant's immediate family. A hospital,
nursing care facility, hospice, half-way house, group home, residential treatment
facility, or boarding house may serve as a "home" under this section;
(2) "Home incarceration" means the use of a monitoring device approved by the
commissioner of the Department of Corrections to facilitate a prisoner's ability to
maintain gainful employment or to participate in programs approved as a condition
of his or her incarceration, or both, using the person's home for purposes of
confinement;
(3) "Violent felony offense" means an offense that would classify a person as a violent
offender under KRS 439.3401;
(4) "Terminal illness" means a medically recognized disease for which the prognosis is
death within six (6) months to a reasonable degree of medical certainty; and
(5) "Approved monitoring device" means an electronic device or apparatus which is
capable of recording, tracking, or transmitting information as to the prisoner's
location or verifying the prisoner's presence or non-presence in the home, or both.
The devices shall be minimally intrusive. Devices shall not be used without the
prisoner's knowledge to record or transmit:
(a) Visual images other than the defendant's face;
(b) Oral or wire communications or any auditory sound other than the defendant's
voice; or
(c) Information as to the prisoner's activities while inside the home.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 106, sec. 11, effective July 15, 2024. -- Repealed
and reenacted 2010 Ky. Acts ch. 107, sec. 10, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 158, sec. 8, effective July 1, 2008. -- Amended 1996 Ky. Acts ch.
45, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 137,
effective July 14, 1992. -- Created 1986 Ky. Acts ch. 243, sec. 1, effective July 15,
1986.
Legislative Research Commission Note (7/15/2010). 2008 Ky. Acts ch. 107, sec. 12,
provides that "The intent of the General Assembly in repealing and reenacting KRS
439.320, 439.340, and 532.200 in Sections 4, 5, and 10 of this Act is to affirm the
amendments made to these sections in 2008 Ky. Acts ch. 158. The specific textual
provisions of Sections 4, 5, and 10 of this Act which reflect amendments made to
those sections by 2008 Ky. Acts ch. 158 shall be deemed effective as of April 24,
2008, and those provisions are hereby made expressly retroactive to that date, with
the remainder of the text from those sections being unaffected by the provisions of
this section." This statute is affected by that language.
Notes of Decisions
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
· cites it 2× “KRS 532.200(1). Appellant argues that because the definition of “home” does not say that a home may be considered to be a detention facility, the legislature must not have intended a home to ever be one.”
Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).
· cites it 2× “517 provides: 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. KRS 532.220(2), in turn, provides that violation of the terms of home incarceration may subject "the home incarceree to…”
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012).
“§ 22-4902 (e)(F)-(G) (defining “[vjiolent offender”); Ky.Rev.Stat. Ann. § 532.200(3) (defining “[vjiolent felony offense”); Mass.”
Buford v. Commonwealth, 58 S.W.3d 490 (Ky. Ct. App. 2001).
· cites it 3× “517 states that “[h]ome 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.” While acknowledging they were released prior to trial under that statute, Lively and Buford argue they are entitled…”
David Scott Tate v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
· cites it 3× “517(1) states that “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.” Also, KRS 532.120 states in relevant part: (3) Time spent in custody prior to the commencement of a sentence as a…”
Bobby Joe Burgess v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
· cites it 2× “Home incarceration is defined in KRS 532.200(2), as follows: “Home incarceration” means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner’s ability to maintain gainful employment or to participate in programs…”
Tindell v. Commonwealth, 244 S.W.3d 126 (Ky. Ct. App. 2008).
“517 authorizes home incarceration as a form of pretrial release subject to the conditions imposed by the provisions of KRS 532.200 to 532.250. Moreover, KRS 532.”
— Ky. Rev. Stat. § 532.200(1) — 2 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“KRS 532.200(1). Appellant argues that because the definition of “home” does not say that a home may be considered to be a detention facility, the legislature must not have intended a home to ever be one.”
— Ky. Rev. Stat. § 532.200(2) — 4 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“KRS 532.200(1). Appellant argues that because the definition of “home” does not say that a home may be considered to be a detention facility, the legislature must not have intended a home to ever be one.”
Bobby Joe Burgess v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
“Home incarceration is defined in KRS 532.200(2), as follows: “Home incarceration” means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner’s ability to maintain gainful employment or to participate in programs…”
David Scott Tate v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
“517(1) states that “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.” Also, KRS 532.120 states in relevant part: (3) Time spent in custody prior to the commencement of a sentence as a…”
— Ky. Rev. Stat. § 532.200(3) — 1 case
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012).
“§ 22-4902 (e)(F)-(G) (defining “[vjiolent offender”); Ky.Rev.Stat. Ann. § 532.200(3) (defining “[vjiolent felony offense”); Mass.”
— Ky. Rev. Stat. § 532.200(5) — 1 case
Bobby Joe Burgess v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
“Home incarceration is defined in KRS 532.200(2), as follows: “Home incarceration” means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner’s ability to maintain gainful employment or to participate in programs…”
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