431.517 Authorization for home incarceration as a form of pretrial release -- Court

273 words·~1 min read·/ky/431-517

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

ordered participation of global positioning monitoring system -- Costs.

(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.