2013 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.210 Petition -- Study of record -- Order.
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532.210 Petition -- Study of record -- Order.
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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.
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.
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.
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.
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.
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