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532.200 Definitions for KRS 532.210 to 532.250.
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 defined in KRS 507.020 (murder),
507.030 (manslaughter in the first degree), 508.010 (assault in the first degree),
508.020 (assault in the second degree), 509.040 (kidnapping), 510.040 (rape in the
first degree), 510.070 (sodomy in the first degree), 510.110 (sexual abuse in the first
degree), 511.020 (burglary in the first degree), 513.020 (arson in the first degree),
513.030 (arson in the second degree), 513.040 (arson in the third degree), 515.020
(robbery in the first degree), 515.030 (robbery in the second degree), 520.020
(escape in the first degree), any criminal attempt to commit the offense (KRS
506.010), or conviction as a persistent felony offender (KRS 532.080) when the
offender has a felony conviction for any of the above-listed offenses within the five
(5) year period preceding the date of the latest conviction;
(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, 2010
History: 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.
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