Ky. Rev. Stat. § 532.245

Credit for time spent in pretrial home incarceration

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(1) Time spent in pretrial home incarceration pursuant to KRS 431.517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Notwithstanding KRS 532.200, a defendant who spent time in pretrial home incarceration pursuant to KRS 431.517 shall not be required to have participated in a global positioning monitoring system program to receive credit. Time credited under this section shall be calculated in accordance with KRS 532.120. (2) Violation of the terms of pretrial home incarceration shall be deemed an interruption of the defendant's home incarceration. The interruption shall begin at the time of the violation and shall continue until a court revokes home incarceration or otherwise acts on the violation. Time spent in pretrial home incarceration prior to the violation shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction for the original charge. (3) This section shall apply to defendants sentenced on or after July 12, 2012. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 132, sec. 1, effective July 14, 2022. -- Created 2012 Ky. Acts ch. 156, sec. 24, effective July 12, 2012.

Notes of Decisions

Cited in 5 cases (4 in the last 5 years), 2020–2024 · leading case: David Scott Tate v. Commonwealth of Kentucky

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David Scott Tate v. Commonwealth of Kentucky (2022) kyctapp · cites it 9× “517, subject to the conditions imposed by KRS 532.245. In addition, the current version of KRS 532.”

Commonweath of Kentucky v. Brent Michael Watson (2020) kyctapp · cites it 2× “120 and KRS 532.245(1). Watson maintained employment while on home incarceration and otherwise complied with all of the program’s requirements.”

Brittany Paxson v. Commonwealth of Kentucky (2024) kyctapp · cites it 2× “517, subject to the conditions imposed by KRS 532.245.” The focus of Appellant’s argument is that even though the Barren Circuit Court stated when ordering bond, and later at sentencing, that it had not ordered home incarceration, Appellant was nevertheless placed on home…”

Raymond Hurt, Jr. v. Commonwealth of Kentucky (2023) kyctapp “517; KRS 532.245. Time on MCR does not satisfy these statutes.”

Katherine Barrett v. Commonwealth of Kentucky (2023) kyctapp “KRS 532.245(1) provides that a person is entitled to jail-time credit for time spent on home incarceration.”

— Ky. Rev. Stat. § 532.245(1) — 3 cases

David Scott Tate v. Commonwealth of Kentucky (2022) kyctapp “517, subject to the conditions imposed by KRS 532.245. In addition, the current version of KRS 532.”

Commonweath of Kentucky v. Brent Michael Watson (2020) kyctapp “120 and KRS 532.245(1). Watson maintained employment while on home incarceration and otherwise complied with all of the program’s requirements.”

Katherine Barrett v. Commonwealth of Kentucky (2023) kyctapp “KRS 532.245(1) provides that a person is entitled to jail-time credit for time spent on home incarceration.”

— Ky. Rev. Stat. § 532.245(3) — 1 case

David Scott Tate v. Commonwealth of Kentucky (2022) kyctapp “517, subject to the conditions imposed by KRS 532.245. In addition, the current version of KRS 532.”

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