Public-domain · open source
OpenJurist

KRS 431.517

Authorization for home incarceration as a form of pretrial release -- Court ordered participation of global positioning monitoring system -- Costs

Applied in 4 court decisions — leading case Weaver v. Commonwealth (2005)

Most recently applied in Berthier v. People of the Virgin Islands (December 2024)

Effective: July 14, 2018 History: Amended 2018 Ky

How often courts cite this section

200120102020202410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in this section, home incarceration may be ordered as a form of pretrial release, subject to the conditions imposed by the provisions of KRS 532.200 to 532.250.

(2) No defendant charged with an offense under KRS Chapter 507 may be released on home incarceration unless the court makes a finding that the defendant would not pose a threat to society.

(3) A court ordering home incarceration as a form of pretrial release pursuant to this section may order the defendant to participate in a global positioning monitoring system program during all or part of the time of pretrial release through the use of a county-operated program pursuant to KRS 67.372 and 67.374 and not a program operated by the Department of Corrections pursuant to KRS 532.210 to 532.250.

(4) A court ordering global positioning monitoring system program participation for a defendant pursuant to this section shall:

(a) Require the defendant to pay all or the part of the monitoring costs based on the sliding scale adopted by the Supreme Court of Kentucky as specified in KRS 403.761 and administrative costs for participating in the system;

(b) Provide the monitoring system with a written or electronic copy of the conditions of release; and (c) Provide the monitoring system with a contact at the office of the circuit clerk, Commonwealth's attorney, or county attorney, as appropriate, or pretrial release services for reporting violations of the monitoring order.

(5) A person, county, or other organization may voluntarily agree to pay all or a portion of a defendant's monitoring costs specified in KRS 403.761.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.