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Can I Get Jail Credit for Pretrial Home Incarceration?

YES.  Under new Kentucky law that was enacted in July, 2012, you get day for day jail credit for pretrial home incarceration so long as you are compliant.  This can be especially useful if you have a mandatory sentence such as required under a second (2nd), third (3rd) or fourth (4th) DUI charge.  Pursuant to KRS 532.245, the credit is guaranteed.  Text follows: 532.245 Credit for time spent in pretrial home incarceration. (1) Time spent in pretrial home incarceration pursuant to KRS 431.517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Time credited under this section shall be calculated in accordance with KRS 532.120. (2) Violation of the terms of pretrial home incarceration shall be deemed an interruption of the defendant's home incarceration. The interruption shall begin at the time of the violation and shall continue until a court revokes home incarceration or otherwise acts on the violation. Time spent in pretrial home incarceration prior to the violation shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction for the original charge. (3) This section shall apply to defendants sentenced on or after July 12, 2012. There are many attorneys, and even a number of judges and prosecutors, who are unaware of this change.  Often the judge orders pretrial home incarceration as it was previously ordered as a condition of bond.  Prior to July, 2012, this pretrial HIP did not "count" toward any jail credit.  This change in the law can significantly affect the actual time spent incarcerated. If you have been charged with DUI or have questions about credit, contact an attorney in your area.  For Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] for a consultation.

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