LOUISVILLE METRO DEPT. OF CORRECTIONS V. COM.
PANEL: THOMPSON PRESIDING; NICKELL AND STUMBO CONCUR
DATE RENDERED: 09/28/2007
The Louisville Department of Corrections (the Department) appeals from an order of the Jefferson Circuit Court in which the Department was held in contempt of court and fined $160 after it refused an inmate, Kathryn Maria King, work release as required by the court’s order. The Department alleges that it was within its supervisory function to deny King work release and that the contempt fine was not supported by the evidence. COA disagreed with both contentions and affirmed the contempt order.
Although pursuant to KRS 532.210 incarcerees are subject to the decisions of the Department during the period of supervision, the terms of home incarceration, including work release, are within the sole discretion of the sentencing court. KRS 533.010 states that the court may order probation with the defendant to serve an alternative sentence which includes “home incarceration with or without work release for no more than twelve months.” KRS 533.010(6)(b). The statute specifically states that the the jailer may deny work release privileges only for “violating standards of discipline or other jail regulations” and further provides that the Department of Corrections develop written criteria for work release privileges. KRS 533.010. The COA did recognize a prior order by a former Chief Judge of the District Court not permitted home incarceration for probated inmated on work release to a temporary agency, but this order was no longer valid.
Digested by Michael Stevens