A KENTUCKY ATTORNEY GENERAL’S OPINION RELEASED YESTERDAY ADDRESSES WHETHER INDIVIDUALS ON HOME INCARCEERATON MAY BE ARRESTED AND
CHARGED WITH ESCAPE FOR VIOLATING A CONDITION OF THEIR HOME INCARCERATION…..
ACCORDING TO THE OPINION…..A HOME INCARCEREE MAY BE PROSECUTED FOR ESCAPE IN THE SECOND DEGREE….A CLASS “D” FELONY….WITH A PUNISHMENT
OF ONE TO FIVE YEARS IN PRISON….WHEN THEY VIOLATE THOSE CONDITIONS…..MOREOVER…..THE HOME INCARCEREE MUST CONFORM TO A SCHEDULE
PREPARED BY THEIR SUPERVISING OFFICER SETTING FORTH THE TIMES WHEN THE HOME INCARCEREE HAS PERMISSON TO BE ABSENT FROM HIS HOME AND THE
LOCATIONS WHERE THEY MAY BE DURING THOSE TIMES….
THE OPINION WENT ON TO SAY THAT A HOME INCARCEREE’S UNAUTHORIZED REMOVAL OF THEIR MONITORING DEVICE IS SUFFICIENT TO SUSTIAN A CONVICTION
FOR ESCAPE SECOND DEGREE……