Kentucky Statutes 218A.135 – Pretrial release of defendant charged with offense for which conviction may result in presumptive probation
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(1) Any statute to the contrary notwithstanding, a defendant charged with an offense under this chapter for which a conviction may result in presumptive probation shall be placed on pretrial release on his or her own recognizance or on unsecured bond by the court subject to any conditions, other than bail, specified in KRS § 431.515 to
431.550.
(2) The provisions of this section shall not apply to a defendant who is found by the court to present a flight risk or to be a danger to others.
(3) If a court determines that a defendant shall not be released pursuant to subsection (2) of this section, the court shall document the reasons for denying the release in a written order.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 6, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 19, effective June 8, 2011.
431.550.
Terms Used In Kentucky Statutes 218A.135
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(2) The provisions of this section shall not apply to a defendant who is found by the court to present a flight risk or to be a danger to others.
(3) If a court determines that a defendant shall not be released pursuant to subsection (2) of this section, the court shall document the reasons for denying the release in a written order.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 6, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 19, effective June 8, 2011.