2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.066 Pretrial release and bail options -- Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail.
KY Rev Stat § 431.066 (1996 through Reg Sess) What's This?
431.066 Pretrial release and bail options -- Assessment of flight risk, likelihood of
appearing at trial, and risk of danger -- Credit toward bail for time in jail.
(1)
(2)
(3)
(4)
(5)
(6)
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.
If the 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.
If the 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 (2) 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.
(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 (0) 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 court shall order the defendant 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.
If a court determines that a defendant shall not be released pursuant to subsection
(4) of this section, the court shall document the reasons for denying the release in a
written order.
The jailer shall be responsible for tracking the credit earned by a defendant pursuant
to subsection (4) of this section.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 48, effective June 8, 2011.
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