Weaver v. Commonwealth

Because KRS 520.010(2) specifically excludes “constraint incidental to release on bail” from the definition of custody, the Appellant may not be charged with escape from custody under KRS 520.030 for violating home incarceration as a form of pretrial release. If KRS 520.010(2)’s definition of custody is “unwise or impolitic, the remedy rests with the Legislature; not with the courts .... We have no authority to change or alter the established rules of law. Our functions are judicial, not legislative. We sit here to declare what the law is, and not what it ought to be.”1 Accordingly, I dissent.