KRS 532.210: Petition -- Study of record -- Order.

(1) 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.

(2) The sentencing judge shall study the record of all persons petition ing 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 t ime 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.

(3) 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 complia nce with its terms. The order and

agreement shall be transmitted to the supervising authority and to the appropriate

jail official.

(4) 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.

(5) 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.