The conditions of home incarceration shall include the following:
(1) The home incarceree shall be confined to his home at all times except when:
(a) Working at approved employment or traveling directly to and from such
employment;
(b) Seeking employment;
(c) Undergoing available medical, psychiatric, or mental health treatment or
approved counseling and after care programs;
(d) Attending an approved educational institution or program;
(e) Attending a regularly scheduled religious service at a place of worship; and
(f) Participating in an approved community work service program;
(2) Violation of subsection (1) of this section may subject the home incarceree to
prosecution under KRS 520.030 (escape);
(3) The home incarceree shall conform to a schedule prepared by a designated officer of
the supervising authority specifically setting forth the times when he may be absent
from the home and the locations where he may be during those times;
(4) The home incarceree shall not commit another offense during the period of time for
which he is subject to the conditions of home incarceration;
(5) The home incarceree shall not change the place of home incarceration or the
schedule without prior approval of the supervising authority;
(6) The home incarceree shall maintain a telephone or other approved monitoring
device in the home or on his person at all times;
(7) Any other reasonable conditions set by the court or the supervising authority
including:
(a) Restitution under KRS 533.030;
(b) Supervision fees under KRS 439.315; and
(c) Any of the conditions imposed on persons on probation or conditional
discharge under KRS 533.030(2);
(8) A written and notarized consent agreement shall be filed with the court by every
adult who will share the offender's home during the term of home incarceration; and
(9) Any supervision fee or other monetary condition, except restitution, shall be paid by
the defendant directly to the person or organization specified by the court in a
written order, except that any such fees or monetary conditions owed to the
Department of Corrections shall be paid through the circuit clerk.
Effective: August 1, 2002
History: Amended 2002 Ky. Acts ch. 183, sec. 32, effective August 1, 2002. -- Created
1986 Ky. Acts ch. 243, sec. 3, effective July 15, 1986.
Notes of Decisions
Cited in
10
cases (
6 in the last 5 years), 1995–2025 · leading case:
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
· cites it 5× “The statute describing the conditions of home incarceration, KRS 532.220(1), states, “The home inearceree shall be confined to his home at all times except when [participating in a permitted activity].”
Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).
· cites it 2× “KRS 532.220(2), in turn, provides that violation of the terms of home incarceration may subject "the home incarceree to prosecution under KRS 520.”
Cooper v. Commonwealth, 902 S.W.2d 833 (Ky. Ct. App. 1995).
“§ 532.220. Despite the similarities between home incarceration and the yard-restriction condition to release on bond, there are nonetheless compelling distinctions.”
Jackie McKnight v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 7× “More particularly, the circuit court reasoned: Following this amendment, [McKnight] was no longer subject to home incarceration as defined in KRS 532.220. [McKnight] was not limited to the activities identified by statute.”
Bobby Joe Burgess v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
· cites it 4× “KRS 532.220(3)-(7) merely sets forth the myriad conditions a home incarceree must abide by while participating in a home incarceration program.”
Tyler Seth Young v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
· cites it 2× “The court’s written conditions contained the following language: “This order may not meet the criteria for home incarceration as defined by KRS 532.220.” Both Young and his attorney read and signed the agreement which was incorporated into the court’s order dated April 1, 2024.”
Commonwealth of Kentucky v. Bobbie Collinsworth (Ky. 2021).
“The Commonwealth further argued that because the trial court’s written judgment was silent as to whether the sentence was to run concurrent with, or consecutive to, the Campbell County sentence, it must be interpreted by operation of law as running consecutive per KRS…”
David Scott Tate v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
“KRS 532.220. Finally, we must address the fact that Appellant’s plea agreement stated that he was waiving any pretrial jail-time credits he was entitled to.”
Tindell v. Commonwealth, 244 S.W.3d 126 (Ky. Ct. App. 2008).
“Moreover, KRS 532.220(2) specifies that a person who violates the terms of home incarceration may be subject to prosecution for escape.”
— Ky. Rev. Stat. § 532.220(1) — 3 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“The statute describing the conditions of home incarceration, KRS 532.220(1), states, “The home inearceree shall be confined to his home at all times except when [participating in a permitted activity].”
Jackie McKnight v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“More particularly, the circuit court reasoned: Following this amendment, [McKnight] was no longer subject to home incarceration as defined in KRS 532.220. [McKnight] was not limited to the activities identified by statute.”
— Ky. Rev. Stat. § 532.220(1)(a) — 1 case
Jackie McKnight v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“More particularly, the circuit court reasoned: Following this amendment, [McKnight] was no longer subject to home incarceration as defined in KRS 532.220. [McKnight] was not limited to the activities identified by statute.”
— Ky. Rev. Stat. § 532.220(2) — 4 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“The statute describing the conditions of home incarceration, KRS 532.220(1), states, “The home inearceree shall be confined to his home at all times except when [participating in a permitted activity].”
Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).
“KRS 532.220(2), in turn, provides that violation of the terms of home incarceration may subject "the home incarceree to prosecution under KRS 520.”
Commonwealth of Kentucky v. Bobbie Collinsworth (Ky. 2021).
“The Commonwealth further argued that because the trial court’s written judgment was silent as to whether the sentence was to run concurrent with, or consecutive to, the Campbell County sentence, it must be interpreted by operation of law as running consecutive per KRS…”
Tindell v. Commonwealth, 244 S.W.3d 126 (Ky. Ct. App. 2008).
“Moreover, KRS 532.220(2) specifies that a person who violates the terms of home incarceration may be subject to prosecution for escape.”
— Ky. Rev. Stat. § 532.220(3) — 1 case
— Ky. Rev. Stat. § 532.220(6) — 1 case
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