2013 Kentucky Revised Statutes CHAPTER 431 - GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 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 Network -- Penalty.
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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
Network -- Penalty.
(1)
(2)
(3)
(4)
(5)
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 a protective order issued pursuant to KRS 403.740 or 403.750, 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
(b) Is reasonably likely to appear in court.
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.
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.
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.
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:June 26, 2007
History: 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.
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