(1) Any misdemeanant or a felon who has not been convicted of, pled guilty to, or
entered an Alford plea to a violent felony offense may petition the sentencing court
for an order directing that all or a portion of a sentence of imprisonment in the
county jail be served under conditions of home incarceration. Such petitions may be
considered and ruled upon by the sentencing court prior to and throughout the term
of the defendant's sentence.
(2) The sentencing judge shall study the record of all persons petitioning for home
incarceration and, in his discretion, may:
(a) Cause additional background or character information to be collected or
reduced to writing by the county jailer or misdemeanor supervision
department;
(b) Conduct hearings on the desirability of granting home incarceration;
(c) Impose on the home incarceree such conditions as are fit, including
restitution;
(d) Order that all or a portion of a sentence of imprisonment in the county jail be
served under conditions of home incarceration at whatever time or intervals,
consecutive or nonconsecutive, as the court shall determine. The time actually
spent in home incarceration pursuant to this provision shall not exceed six (6)
months or the maximum term of imprisonment assessed pursuant to this
chapter whichever is the shorter;
(e) Issue warrants for persons when there is reason to believe they have violated
the conditions of home incarceration, conduct hearings on such matters, and
order reimprisonment in the county jail upon proof of violation; and
(f) Grant final discharge from incarceration.
(3) All home incarcerees shall execute a written agreement with the court setting forth
all of the conditions of home incarceration. The order of home incarceration shall
incorporate that agreement and order compliance with its terms. The order and
agreement shall be transmitted to the supervising authority and to the appropriate
jail official.
(4) Time spent in home incarceration under this subsection shall be credited against the
maximum term of imprisonment assessed for the defendant pursuant to this chapter.
(5) Home incarcerees shall be under the supervision of the county jailer except in
counties establishing misdemeanor supervision departments, wherein they shall be
under the supervision of such departments. Home incarcerees shall be subject to the
decisions of such authorities during the period of supervision. Fees for supervision
or equipment usage shall be paid directly to the supervising authority.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 81, effective July 15, 1998. -- Created
1986 Ky. Acts ch. 243, sec. 2, effective July 15, 1986.
Notes of Decisions
Rice v. Commonwealth, 492 S.W.3d 563 (Ky. 2016).
· cites it 7× “' KRS 532.210 (emphasis added). In construing this statute, we must assume that all its parts — including the amendment — have meaning.”
Buford v. Commonwealth, 58 S.W.3d 490 (Ky. Ct. App. 2001).
· cites it 3× “4 In short, while some defendants may serve all or a portion of a county jail sentence in home incarceration and be credited with that time against the service of the jail term, jail-time credit is not allowed for time spent in home incarceration where it is ordered as a form of…”
Louisville Metro Dep't of Corr. v. King, 258 S.W.3d 419 (Ky. Ct. App. 2007).
“010 states that the court may order probation with the defendant to serve an alternative sentence which includes “home' incarceration with or without work release for no more than twelve months.”
Cooper v. Commonwealth, 902 S.W.2d 833 (Ky. Ct. App. 1995).
· cites it 2× “§ 532.210(1). The conditions for home incarceration must include the following, among others: it) [t]he home incarceree shall be confined to his home at all times except when: (а) [wjorking at approved employment or traveling directly to and from such employment; [[Image here]]…”
Aviles v. Commonwealth, 17 S.W.3d 534 (Ky. Ct. App. 2000).
· cites it 2× “Appellant’s second claim for an alternative to incarceration is that the trial court should have considered home incarceration pursuant to KRS 532.210 (also amended in the Omnibus Crime Bill of 1998).”
Commonwealth v. Rhodes, 920 S.W.2d 531 (Ky. Ct. App. 1996).
“KRS 532.210. In the matter at bar, the trial judge opined that since KRS 532.”
Adams v. Commonwealth, 46 S.W.3d 572 (Ky. Ct. App. 2000).
“030(7); see also KRS 532.210 (home incarceration of Class D felons); Commonwealth v.”
— Ky. Rev. Stat. § 532.210(1) — 2 cases
Rice v. Commonwealth, 492 S.W.3d 563 (Ky. 2016).
“' KRS 532.210 (emphasis added). In construing this statute, we must assume that all its parts — including the amendment — have meaning.”
Cooper v. Commonwealth, 902 S.W.2d 833 (Ky. Ct. App. 1995).
“§ 532.210(1). The conditions for home incarceration must include the following, among others: it) [t]he home incarceree shall be confined to his home at all times except when: (а) [wjorking at approved employment or traveling directly to and from such employment; [[Image here]]…”
— Ky. Rev. Stat. § 532.210(4) — 2 cases
Buford v. Commonwealth, 58 S.W.3d 490 (Ky. Ct. App. 2001).
“4 In short, while some defendants may serve all or a portion of a county jail sentence in home incarceration and be credited with that time against the service of the jail term, jail-time credit is not allowed for time spent in home incarceration where it is ordered as a form of…”
Cooper v. Commonwealth, 902 S.W.2d 833 (Ky. Ct. App. 1995).
“§ 532.210(1). The conditions for home incarceration must include the following, among others: it) [t]he home incarceree shall be confined to his home at all times except when: (а) [wjorking at approved employment or traveling directly to and from such employment; [[Image here]]…”
— Ky. Rev. Stat. § 532.210(5) — 1 case
Rice v. Commonwealth, 492 S.W.3d 563 (Ky. 2016).
“' KRS 532.210 (emphasis added). In construing this statute, we must assume that all its parts — including the amendment — have meaning.”
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