By Jim Melwert

NORRISTOWN, Pa. (CBS) —  Prosecutors are asking a Montgomery County judge to deny disgraced Attorney General Kathleen’s request for house-arrest when she is sentenced later this month.

Prosecutors say Kathleen Kane is not eligible for house arrest because, in Montgomery County, it is only offered to a defendant who would go to county prison, not state prison.

It also disputes Kane’s claim she is primary caregiver to her children, pointing to a pre-sentencing investigation in which Kane said she has 50/50 custody of her children with her ex-husband.

The motion also said house arrest is only a consideration to someone dealing with a serious medical condition.

Kane’s lawyer said she is a candidate for house arrest as she’s a non-violent offender, with no prior record, a low risk to commit another crime.

Kane was convicted on two felony perjury counts and seven misdemeanors in August. She will be sentenced on October 24th.

Her maximum sentence is 14-28 years in prison.

Complete Coverage: Kathleen Kane