Kentucky Statutes 431.064 – Pretrial release of person arrested for assault, sexual offense, or violation of protective order — Conditions — Hearing — Victim entitled to copy of conditions of release — Entry of conditions into Law Information Net…
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(1) In making a decision concerning pretrial release of a person who is arrested for a violation of KRS Chapter 508 or 510, or charged with a crime involving a violation of an order of protection as defined in KRS § 403.720 and KRS § 456.010, the court or agency having authority to make a decision concerning pretrial release shall review the facts of the arrest and detention of the person and determine whether the person:
(a) Is a threat to the alleged victim or other family or household member; and
For details, see § 532.090
(b) Is reasonably likely to appear in court.
(2) Before releasing a person arrested for or charged with a crime specified in subsection (1) of this section, the court shall make findings, on the record if possible, concerning the determination made in accordance with subsection (1) of this section, and may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or abuse and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include:
(a) An order enjoining the person from threatening to commit or committing acts of domestic violence or abuse against the alleged victim or other family or household member;
(b) An order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly;
(c) An order directing the person to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be;
(d) An order prohibiting the person from using or possessing a firearm or other weapon specified by the court;
(e) An order prohibiting the person from possession or consumption of alcohol or controlled substances;
(f) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in court; or
(g) Any combination of the orders set out in paragraphs (a) to (f) of this subsection.
(3) If conditions of release are imposed, the court imposing the conditions on the arrested or charged person shall:
(a) Issue a written order for conditional release; and
(b) Immediately distribute a copy of the order to pretrial services.
(4) The court shall provide a copy of the conditions to the arrested or charged person upon release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.
(5) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the court to review the conditions. Upon request, the court shall hold a prompt hearing to review the conditions.
(6) The victim, as defined in KRS § 421.500, of the defendant‘s alleged crime, or an individual designated by the victim in writing, shall be entitled to a free certified copy of the defendant’s conditions of release, or modified conditions of release, upon request to the clerk of the court which issued the order releasing the defendant. The victim or the victim’s designee may personally obtain the document at the clerk’s office or may have it delivered by mail.
(7) The circuit clerk or the circuit clerk’s designee, in cooperation with the court that issued the order releasing the defendant, shall cause the conditions of release to be entered into the computer system maintained by the clerk and the Administrative Office of the Courts within twenty-four (24) hours following its filing, excluding weekends and holidays. Any modification of the release conditions shall likewise be entered by the circuit clerk, or the circuit clerk’s designee.
(8) The information entered under this section shall be accessible to any agency designated by the Department of Kentucky State Police as a terminal agency for the Law Information Network of Kentucky.
(9) All orders issued under this section which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative Office of the Courts. If the conditions of pretrial release are contained in an order which is narrative in nature, the prescribed form shall be used in addition to the narrative order.
(10) Any person who violates any condition of an order issued pursuant to this section is guilty of a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 44, effective January 1, 2016. — Amended 2007 Ky. Acts ch. 85, sec. 309, effective June 26, 2007. — Amended 2000
Ky. Acts ch. 400, sec. 3, effective July 14, 2000. — Created 1996 Ky. Acts ch. 345, sec. 5, effective July 15, 1996.
(a) Is a threat to the alleged victim or other family or household member; and
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 431.064
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Is reasonably likely to appear in court.
(2) Before releasing a person arrested for or charged with a crime specified in subsection (1) of this section, the court shall make findings, on the record if possible, concerning the determination made in accordance with subsection (1) of this section, and may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or abuse and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include:
(a) An order enjoining the person from threatening to commit or committing acts of domestic violence or abuse against the alleged victim or other family or household member;
(b) An order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly;
(c) An order directing the person to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be;
(d) An order prohibiting the person from using or possessing a firearm or other weapon specified by the court;
(e) An order prohibiting the person from possession or consumption of alcohol or controlled substances;
(f) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in court; or
(g) Any combination of the orders set out in paragraphs (a) to (f) of this subsection.
(3) If conditions of release are imposed, the court imposing the conditions on the arrested or charged person shall:
(a) Issue a written order for conditional release; and
(b) Immediately distribute a copy of the order to pretrial services.
(4) The court shall provide a copy of the conditions to the arrested or charged person upon release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.
(5) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the court to review the conditions. Upon request, the court shall hold a prompt hearing to review the conditions.
(6) The victim, as defined in KRS § 421.500, of the defendant‘s alleged crime, or an individual designated by the victim in writing, shall be entitled to a free certified copy of the defendant’s conditions of release, or modified conditions of release, upon request to the clerk of the court which issued the order releasing the defendant. The victim or the victim’s designee may personally obtain the document at the clerk’s office or may have it delivered by mail.
(7) The circuit clerk or the circuit clerk’s designee, in cooperation with the court that issued the order releasing the defendant, shall cause the conditions of release to be entered into the computer system maintained by the clerk and the Administrative Office of the Courts within twenty-four (24) hours following its filing, excluding weekends and holidays. Any modification of the release conditions shall likewise be entered by the circuit clerk, or the circuit clerk’s designee.
(8) The information entered under this section shall be accessible to any agency designated by the Department of Kentucky State Police as a terminal agency for the Law Information Network of Kentucky.
(9) All orders issued under this section which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative Office of the Courts. If the conditions of pretrial release are contained in an order which is narrative in nature, the prescribed form shall be used in addition to the narrative order.
(10) Any person who violates any condition of an order issued pursuant to this section is guilty of a Class A misdemeanor.
Effective: January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 44, effective January 1, 2016. — Amended 2007 Ky. Acts ch. 85, sec. 309, effective June 26, 2007. — Amended 2000
Ky. Acts ch. 400, sec. 3, effective July 14, 2000. — Created 1996 Ky. Acts ch. 345, sec. 5, effective July 15, 1996.