Those violating home incarceration can be charged with escape, AG says

An Attorney General’s Opinion released on Monday addresses whether people on home incarceration may be arrested and charged with escape for violating a condition of their home incarceration.

The Opinion was issued in response to a request by Jimmy Cantrell, the Executive Director of the Ohio County ARCH Program, which stands for “Assisting Returning Citizens with Hope.”

In the opinion, written by Assistant Attorney General Jeremy Sylvester, he quotes state law which says:

The home incarceree shall be confined to his home at all times except when:

(a) Working at approved employment or traveling directly to and from such employment.

(b) Seeking employment.

(c) Undergoing available medical, psychiatric, or mental health treatment or approved counseling and after care programs.

(d) Attending an approved educational institution or program.

(e) Attending a regularly scheduled religious service at a place of worship.

(f) Participating in an approved community work service program.

According to the Opinion, a home incarceree may be prosecuted for the crime of escape in the second degree, a Class D felony, with punishment of 1-5 years in prison, when he or she violates those conditions. Moreover, the home incarceree must conform to a schedule prepared by his supervising officer setting forth the times when the home incarceree has permission to be absent from his home and the locations where he may be during those times.

Director Cantrell also asked about removal of an ankle bracelet while on home incarceration.

Sylvester responded that the Supreme Court of Kentucky has held that a home incarceree’s unauthorized removal of his monitoring device is sufficient to sustain a conviction for escape in the second degree. He added, in the opinion of the Office, law enforcement would have probable cause to believe that a home incarceree is committing felony escape in the second degree upon receipt of a report from the ARCH Program that he has removed or disconnected the ankle monitor required to be worn as a condition of home incarceration.

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