Kentucky Statutes 431.517 – Authorization for home incarceration as a form of pretrial release — Court ordered participation of global positioning monitoring system — Costs
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(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 KRS § 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 KRS § 67.374 and not a program operated by the Department of Corrections pursuant to KRS § 532.210 to KRS § 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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 115, sec. 9, effective July 14, 2018. — Amended
2010 Ky. Acts ch. 170, sec. 11, effective July 15, 2010. — Created 1996 Ky. Acts ch.
45, sec. 1, effective July 15, 1996.
Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch.
115, sec. 12, that Act shall be known as the Women’s Dignity in the Justice System
Act. This statute was amended in Section 9 of that Act.
(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.
Terms Used In Kentucky Statutes 431.517
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Statute: A law passed by a legislature.
(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 KRS § 67.374 and not a program operated by the Department of Corrections pursuant to KRS § 532.210 to KRS § 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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 115, sec. 9, effective July 14, 2018. — Amended
2010 Ky. Acts ch. 170, sec. 11, effective July 15, 2010. — Created 1996 Ky. Acts ch.
45, sec. 1, effective July 15, 1996.
Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch.
115, sec. 12, that Act shall be known as the Women’s Dignity in the Justice System
Act. This statute was amended in Section 9 of that Act.