Section 532.200 - Definitions for KRS 532.210 to 532.250As used in KRS 532.210 to 532.250, unless the context otherwise requires:
(1) "Home" means the temporary or permanent residence of a defendant consisting of the actual living area. If more than one (1) residence or family is located on a single piece of property, "home" does not include the residence of any other person who is not part of the social unit formed by the defendant's immediate family. A hospital, nursing care facility, hospice, half-way house, group home, residential treatment facility, or boarding house may serve as a "home" under this section;(2) "Home incarceration" means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner's ability to maintain gainful employment or to participate in programs approved as a condition of his or her incarceration, or both, using the person's home for purposes of confinement;(3) "Violent felony offense" means an offense that would classify a person as a violent offender under KRS 439.3401;(4) "Terminal illness" means a medically recognized disease for which the prognosis is death within six (6) months to a reasonable degree of medical certainty; and(5) "Approved monitoring device" means an electronic device or apparatus which is capable of recording, tracking, or transmitting information as to the prisoner's location or verifying the prisoner's presence or non-presence in the home, or both. The devices shall be minimally intrusive. Devices shall not be used without the prisoner's knowledge to record or transmit:(a) Visual images other than the defendant's face;(b) Oral or wire communications or any auditory sound other than the defendant's voice; or(c) Information as to the prisoner's activities while inside the home.Amended by 2024 Ky. Acts ch. 106,§ 11, eff. 7/15/2024.Effective:7/15/2010
Repealed and reenacted 2010, Ky. Acts ch. 107, sec. 10, effective7/15/2010. -- Amended 2008, Ky. Acts ch. 158, sec. 8, effective 7/1/2008. -- Amended 1996, Ky. Acts ch. 45, sec. 2, effective 7/15/1996. -- Amended 1992 Ky. Acts ch. 211, sec. 137, effective 7/14/1992. -- Created 1986 Ky. Acts ch. 243, sec. 1, effective 7/15/1986. amendments made to these sections in 2008, Ky. Acts ch. 158. The specific textual provisions of Sections 4, 5, and 10 of this Act which reflect amendments made to those sections by 2008, Ky. Acts ch. 158 shall be deemed effective as of4/24/2008, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text from those sections being unaffected by the provisions of this section." This statute is affected by that language.