Kentucky Statutes 431.066 – Pretrial release and bail options of verified and eligible defendant — Assessment of flight risk, likelihood of appearing at trial, and risk of danger — Credit toward bail for time in jail
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(1) For purposes of this section, “verified and eligible defendant” means a defendant who pretrial services is able to interview and assess, and whose identity pretrial services is able to confirm through investigation.
(2) When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released. In making this determination, the court shall consider the pretrial risk assessment for a verified and eligible defendant along with the factors set forth in KRS § 431.525.
(3) If a verified and eligible defendant poses low risk of flight, is likely to appear for trial, and is not likely to be a danger to others, the court shall order the defendant released on unsecured bond or on the defendant’s own recognizance subject to such other conditions as the court may order.
(4) If a verified and eligible defendant poses a moderate risk of flight, has a moderate risk of not appearing for trial, or poses a moderate risk of danger to others, the court shall release the defendant under the same conditions as in subsection (3) of this section but shall consider ordering the defendant to participate in global positioning system monitoring, controlled substance testing, increased supervision, or such other conditions as the court may order.
(5) (a) Except as provided in paragraph (b) of this subsection, regardless of the amount of the bail set, the court shall permit the defendant a credit of one hundred dollars ($100) per day as a payment toward the amount of the bail set for each day or portion of a day that the defendant remains in jail prior to trial. Upon the service of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant shall be released from jail on the conditions specified in this section or in this chapter.
(b) The provisions of paragraph (a) of this subsection shall not apply to:
1. Any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, KRS § 529.100 involving commercial sexual activity, KRS § 530.020, 530.064(1)(a), 531.310, or
531.320, or who is a violent offender as defined in KRS § 439.3401; or
2. A defendant who is found by the court to present a flight risk or to be a danger to others.
(c) For purposes of this subsection, “a day or portion of a day” means any time spent in a detention facility following booking.
(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection while also earning credit pursuant to KRS § 534.070.
(6) If a court determines that a defendant shall not be released pursuant to subsection (5) of this section, the court shall document the reasons for denying the release in a written order.
(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant
to subsection (5) of this section.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 1, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 48, effective June 8, 2011.
(2) When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released. In making this determination, the court shall consider the pretrial risk assessment for a verified and eligible defendant along with the factors set forth in KRS § 431.525.
Terms Used In Kentucky Statutes 431.066
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pretrial risk assessment: means an objective, research-based, validated assessment tool that measures a defendant's risk of flight and risk of anticipated criminal conduct while on pretrial release pending adjudication. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) If a verified and eligible defendant poses low risk of flight, is likely to appear for trial, and is not likely to be a danger to others, the court shall order the defendant released on unsecured bond or on the defendant’s own recognizance subject to such other conditions as the court may order.
(4) If a verified and eligible defendant poses a moderate risk of flight, has a moderate risk of not appearing for trial, or poses a moderate risk of danger to others, the court shall release the defendant under the same conditions as in subsection (3) of this section but shall consider ordering the defendant to participate in global positioning system monitoring, controlled substance testing, increased supervision, or such other conditions as the court may order.
(5) (a) Except as provided in paragraph (b) of this subsection, regardless of the amount of the bail set, the court shall permit the defendant a credit of one hundred dollars ($100) per day as a payment toward the amount of the bail set for each day or portion of a day that the defendant remains in jail prior to trial. Upon the service of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant shall be released from jail on the conditions specified in this section or in this chapter.
(b) The provisions of paragraph (a) of this subsection shall not apply to:
1. Any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, KRS § 529.100 involving commercial sexual activity, KRS § 530.020, 530.064(1)(a), 531.310, or
531.320, or who is a violent offender as defined in KRS § 439.3401; or
2. A defendant who is found by the court to present a flight risk or to be a danger to others.
(c) For purposes of this subsection, “a day or portion of a day” means any time spent in a detention facility following booking.
(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection while also earning credit pursuant to KRS § 534.070.
(6) If a court determines that a defendant shall not be released pursuant to subsection (5) of this section, the court shall document the reasons for denying the release in a written order.
(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant
to subsection (5) of this section.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 1, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 48, effective June 8, 2011.