2015 Kentucky Revised Statutes CHAPTER 67 - COUNTY GOVERNMENT (FISCAL COURTS AND COUNTY COMMISSIONERS) 67.372 County administration of global positioning monitoring system program -- Conditions -- Agreements between counties -- Administrative fee.
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67.372
County administration of global positioning monitoring system
program -- Conditions -- Agreements between counties -- Administrative
fee.
Any county or combination of counties may operate a global positioning monitoring
system program subject to the following conditions:
(1) The program shall be assigned by ordinance to a county department or county
agency that agrees to operate or supervise the program continuously,
twenty-four (24) hours per day, seven (7) days per week;
(2) Each county shall identify a law enforcement agency or agencies with
jurisdiction in the county to assist a petitioner, victim, or witness when a person
ordered to wear a monitoring device violates the provisions of the court's order
and is in need of assistance;
(3) A county or counties electing to contract with an entity providing a global
positioning monitoring system and devices shall meet not less than all of the
requirements of this section and KRS 403.761 and 456.100;
(4) Each county shall monitor the performance of the entity providing the global
positioning system and devices and shall have a provision in the contract with
the monitoring entity agreeing to the termination of the contract in the event of
serious or continued violations of the contract;
(5) Any system chosen shall use the most appropriate global positioning
technology to track the person ordered to wear the monitoring device and shall
include technology that:
(a) In a domestic violence case under KRS 403.715 to 403.785 or any case
under KRS Chapter 456:
1.
Notifies law enforcement or other monitors of any breach of the
court-ordered boundaries;
2.
Notifies the petitioner in a timely manner of any breach; and
3.
Allows monitors to communicate directly with the person ordered to
wear the monitoring device; and
(b) In other situations in which monitoring is authorized by KRS 67.374,
431.517, 431.518, 431.520, 456.100, 533.030, and 533.250 the
contracting county or combination of counties shall, in the contract,
specify the type and level of global positioning monitoring system services
desired;
(6) The monitoring entity shall agree to a price for monitoring during the duration of
the contract which shall not be increased but may be reduced during the
duration of the contract. The contract shall provide that reduced payments shall
be accepted by the vendor as a full payment for all purposes from persons
determined to be indigent by a court or other authority ordering the use of
monitoring. In bidding for the contract the vendor may take into account that
some monitored persons will not be able to pay the full cost of the monitoring
or may not be able to pay any cost for the monitoring. The contract shall
specify that no unit of state or local government and no public officer or
employee shall be liable for the costs of monitoring under the contract.
Notwithstanding the provisions of this subsection, a county or counties may
agree to pay all or a part of the monitoring fee to the monitoring entity if the
(7)
(8)
(9)
county would have otherwise been required by a court to place a person in jail
at county expense and the cost of the monitoring is less than the cost of
placing the person in jail;
Agreements between counties for monitoring services may, with the approval
of their governing bodies, be consummated by a contract signed by all counties
party thereto or by an interlocal cooperation agreement;
A county utilizing a global positioning monitoring system program may charge
an administrative fee to a person ordered to participate in a global positioning
monitoring program to provide for the county's cost in administering the
monitoring program. The fee shall be set by ordinance and shall be in addition
to the fee charged by the entity contracted to provide the monitoring; and
KRS Chapter 456 and KRS 403.715 to 403.785 shall not apply to a person
ordered to participate in a global positioning monitoring system under KRS
431.517, 431.518, 431.520, 533.030, and 533.250. The provisions of a court
order that relate to a person ordered to participate in a global positioning
monitoring system pursuant to KRS 431.517, 431.518, 431.520, 533.030, and
533.250 shall govern that person's conduct and any reporting or other
requirements ordered by the court.
Effective:January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 39, effective January 1, 2016. -Created 2010 Ky. Acts ch. 170, sec. 9, effective July 15, 2010.
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