Kentucky Statutes 67.374 – County global positioning monitoring system program — Request for and acceptance of public bids — Monitoring of successful bidder — Other uses of program permitted — Confidentiality of system information
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(1) “Global positioning monitoring system” has the same meaning as in KRS § 403.720. (2) A county or combination of counties electing to participate in a global positioning
monitoring system program shall, by ordinance, set other requirements for global
For details, see § 532.090
positioning monitoring system devices and for the operation of the global positioning monitoring system which shall include, at a minimum, the requirements contained in KRS § 403.715 to KRS § 403.785, KRS § 456.100, the provisions of this section, and KRS § 67.372.
(3) A county or combination of counties electing to participate in a global positioning monitoring system program shall, through a public bid process, select an entity or entities to provide the best available technology with regard to global positioning monitoring system devices that meet the requirements of this section and KRS
67.372, 403.761, and 456.100 and a system that meets those same requirements, including but not limited to the acceptance of reduced fees for petitioners and indigent persons ordered to wear a monitoring device.
(4) A person, county, or combination of counties electing to participate in a global positioning monitoring system program shall continuously monitor the performance of successful bidders, receive complaints regarding service, and conduct hearings pursuant to KRS Chapter 13B which may result in penalties as set out in the contract against an entity providing global positioning monitoring system services or which may result in cancellation of the contract with the provider of the service, or both. The provisions of this subsection shall be part of any bid offering and any contract entered into between the county or combination of counties and an entity providing global positioning monitoring system services.
(5) A county or combination of counties electing to operate a global positioning monitoring system program may utilize that program for:
(a) Monitoring a respondent and petitioner pursuant to KRS § 403.715 to KRS § 403.785 or 456.100;
(b) Monitoring the pretrial release of a person charged with a crime pursuant to
KRS § 431.515 to KRS § 431.550;
(c) Monitoring a person assigned to a pretrial diversion program pursuant to KRS
533.250 to 533.262; and
(d) Monitoring a person granted probation or conditional discharge pursuant to
KRS Chapter 533.
(6) Information obtained by a global positioning monitoring system shall not be a public record.
(7) Information obtained by a global positioning monitoring system shall be used only for the purpose of verifying the location of the monitored person. Global positioning monitoring system information obtained from persons subject to monitoring pursuant to KRS § 403.715 to KRS § 403.785 or 456.100 shall not be utilized for any criminal investigation, prosecution, or other criminal justice related purpose without
a valid search warrant or order issued by a court of competent jurisdiction. Information obtained in violation of this subsection or without a valid search warrant or court order shall be inadmissible in court for any purpose.
(8) Any person or organization who knowingly or wantonly divulges global positioning monitoring system information about any person in violation of subsection (6) or (7) of this section shall be guilty of a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 40, effective January 1, 2016. — Created
2010 Ky. Acts ch. 170, sec. 10, effective July 15, 2010.
monitoring system program shall, by ordinance, set other requirements for global
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 67.374
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
positioning monitoring system devices and for the operation of the global positioning monitoring system which shall include, at a minimum, the requirements contained in KRS § 403.715 to KRS § 403.785, KRS § 456.100, the provisions of this section, and KRS § 67.372.
(3) A county or combination of counties electing to participate in a global positioning monitoring system program shall, through a public bid process, select an entity or entities to provide the best available technology with regard to global positioning monitoring system devices that meet the requirements of this section and KRS
67.372, 403.761, and 456.100 and a system that meets those same requirements, including but not limited to the acceptance of reduced fees for petitioners and indigent persons ordered to wear a monitoring device.
(4) A person, county, or combination of counties electing to participate in a global positioning monitoring system program shall continuously monitor the performance of successful bidders, receive complaints regarding service, and conduct hearings pursuant to KRS Chapter 13B which may result in penalties as set out in the contract against an entity providing global positioning monitoring system services or which may result in cancellation of the contract with the provider of the service, or both. The provisions of this subsection shall be part of any bid offering and any contract entered into between the county or combination of counties and an entity providing global positioning monitoring system services.
(5) A county or combination of counties electing to operate a global positioning monitoring system program may utilize that program for:
(a) Monitoring a respondent and petitioner pursuant to KRS § 403.715 to KRS § 403.785 or 456.100;
(b) Monitoring the pretrial release of a person charged with a crime pursuant to
KRS § 431.515 to KRS § 431.550;
(c) Monitoring a person assigned to a pretrial diversion program pursuant to KRS
533.250 to 533.262; and
(d) Monitoring a person granted probation or conditional discharge pursuant to
KRS Chapter 533.
(6) Information obtained by a global positioning monitoring system shall not be a public record.
(7) Information obtained by a global positioning monitoring system shall be used only for the purpose of verifying the location of the monitored person. Global positioning monitoring system information obtained from persons subject to monitoring pursuant to KRS § 403.715 to KRS § 403.785 or 456.100 shall not be utilized for any criminal investigation, prosecution, or other criminal justice related purpose without
a valid search warrant or order issued by a court of competent jurisdiction. Information obtained in violation of this subsection or without a valid search warrant or court order shall be inadmissible in court for any purpose.
(8) Any person or organization who knowingly or wantonly divulges global positioning monitoring system information about any person in violation of subsection (6) or (7) of this section shall be guilty of a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 40, effective January 1, 2016. — Created
2010 Ky. Acts ch. 170, sec. 10, effective July 15, 2010.