RENDERED: APRIL 22, 2022; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2020-CA-0112-MR

BOBBY J. BURGESS APPELLANT 

v. 

APPEAL FROM CARLISLE CIRCUIT COURT

HONORABLE TIMOTHY A. LANGFORD, JUDGE

ACTION NO. 13-CR-00014 

COMMONWEALTH OF KENTUCKY APPELLEE 

OPINION

AFFIRMING

**   **  **

BEFORE: MAZE, TAYLOR, AND K. THOMPSON, JUDGES.

TAYLOR, JUDGE: Bobby J. Burgess, pro se, brings this appeal from a December 

23, 2019, Order of the Carlisle Circuit Court, denying his motion for jail-time 

credit. We affirm.

On May 16, 2013, Burgess was indicted upon four counts of sexual 

abuse, first degree, victim under 12 years of age (Kentucky Revised Statutes 

(KRS) 510.110) and one count of distributing obscene material to minors, first 
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offense (KRS 531.030). Following the indictment, Burgess was released on 

pretrial bond on May 16, 2013. The conditions of the pretrial release were that he 

have no contact with the victim, the victim’s siblings, or any child under the age of 

18. Burgess also had a standard curfew restriction but was permitted to work. 

Burgess was not given an ankle monitor or other monitoring device and the 

conditions of release did not reference home incarceration. 

A jury trial was held in January of 2016 and by order entered January 

12, 2016, Burgess was found guilty upon two counts of sexual abuse, first degree, 

victim under 12 years of age, and one count of distributing obscene material to 

minors, first offense.1 By judgment and sentence of imprisonment entered March 

17, 2016, Burgess was sentenced to a total of ten-years’ imprisonment. Burgess 

did not appeal this judgment. 

On September 13, 2019, Burgess filed a Motion for Supervised 

Release – Time Credit. Relevant to this appeal, Burgess asserted that between

May 16, 2013, and January 12, 2016, he was on home incarceration; thus, he was

entitled to 971 days credit toward his ten-year sentence of imprisonment.

2

 By 

1 Two of the counts of sexual abuse in the first degree, victim under 12 years of age, were 

dismissed. 

2 Bobby J. Burgess filed a Designation of Record on Appeal but did not designate the trial record 

as part of his record on appeal. The record on appeal begins with his original motion for jailtime credit filed in 2019. The Court has reviewed the docket of the original proceedings as 

provided on CourtNet.
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order entered October 17, 2019, the circuit court denied Burgess’s motion for 

failure to exhaust his administration remedies with the Department of Corrections 

(DOC). Thereafter, Burgess immediately sought review by the DOC for its alleged 

failure to correctly calculate his jail-time credit. By correspondence addressed to 

Burgess dated November 6, 2019, the DOC stated it had confirmed from probation 

and parole that Burgess was not on home incarceration during the period in 

question. DOC further indicated that Burgess had now exhausted all 

administrative remedies available. 

On December 2, 2019, Burgess filed another motion with the circuit 

court to obtain the alleged 971 days of jail-time credit that he believed he was 

entitled to. By order entered December 23, 2019, the circuit court denied 

Burgess’s motion for jail-time credit. The circuit court concluded that “Burgess 

has misconstrued his reasonable bond conditions as ‘home incarceration’ when in 

reality he was released from custody during the time period in which he seeks jail 

credit.” December 23, 2019, Order at 1. This appeal follows.

Burgess asserts on appeal that the trial court erred by denying his

motion for jail-time credit. More specifically, Burgess argues that he is entitled to 

jail-time credit of 971 days pursuant to KRS 532.220(6).

3

In support thereof, 

3 Kentucky Revised Statutes 532.220(6) provides: 
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Burgess asserts that because he maintained a telephone during those 971 days, he 

was on home incarceration rather than pretrial bond release.

Home incarceration is defined in KRS 532.200(2), as follows: 

“Home incarceration” meansthe use of a monitoring 

device approved by the commissioner of the Department 

of Corrections to facilitate a prisoner’s ability to maintain 

gainful employment or to participate in programs 

approved as a condition of his or her incarceration, or 

both, using the person’s home for purposes of 

confinement[.]

Burgess maintains that per KRS 532.220(6), a telephone is considered 

an approved monitoring device for home incarceration. Contrary to Burgess’s 

assertion, KRS 532.220(6) merely requires that maintaining a telephone is one of 

the conditions of home incarceration. Furthermore, a telephone is not within the 

definition of an “approved monitoring device” as set forth in KRS 532.200(5). 

Simply put, Burgess’s act of maintaining a telephone during the 971 

days he was on pretrial bond release does not transform his pretrial release into a 

home incarceration. KRS 532.220(3)-(7) merely sets forth the myriad conditions a 

home incarceree must abide by while participating in a home incarceration

program. However, these conditions do not in any way convert a pretrial bond

release to home incarceration. Additionally, based on our review of the record 

The home incarceree shall maintain a telephone or other approved 

monitoring device in the home or on his person at all times[.]
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below, we find nothing therein that indicates Burgess was sentenced to home 

incarceration during the period in question. Therefore, we conclude that Burgess’s 

argument that he is entitled to 971 days of jail-time credit toward his ten-year 

sentence of imprisonment has no legal basis and, thus, is without merit.

For the foregoing reasons, the Order of the Carlisle Circuit Court 

denying the motion for jail-time credit is affirmed.

MAZE, JUDGE, CONCURS.

THOMPSON, K., JUDGE, CONCURS IN RESULT ONLY.

BRIEFS FOR APPELLANT:

Bobby J. Burgess, Pro Se

LaGrange, Kentucky

BRIEF FOR APPELLEE:

Daniel Cameron

Attorney General of Kentucky

Frankfort, Kentucky

Leilani K.M. Martin

Assistant Attorney General

Frankfort, Kentucky