2013 Kentucky Revised Statutes CHAPTER 67 - COUNTY GOVERNMENT (FISCAL COURTS AND COUNTY COMMISSIONERS) 67.374 County global positioning monitoring system program -- Request for and acceptance of public bids -- Monitoring of successful bidder -- Other uses of program permitted -- Confidentiality of system information.
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67.374 County global positioning monitoring system program -- Request for
and acceptance of public bids -- Monitoring of successful bidder -- Other
uses of program permitted -- Confidentiality of system information.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
"Global positioning monitoring system" has the same meaning as in KRS
403.720.
A county or combination of counties electing to participate in a global
positioning monitoring system program shall, by ordinance, set other
requirements for global positioning monitoring system devices and for the
operation of the global positioning monitoring system which shall include, at a
minimum, the requirements contained in KRS 403.715 to 403.785 and the
provisions of this section and KRS 67.372.
A county or combination of counties electing to participate in a global
positioning monitoring system program shall, through a public bid process,
select an entity or entities to provide the best available technology with regard
to global positioning monitoring system devices that meet the requirements of
this section and KRS 67.372, 403.720, 403.747, 403.750, and 403.761 and a
system that meets those same requirements, including but not limited to the
acceptance of reduced fees for petitioners and indigent persons ordered to
wear a monitoring device.
A person, county, or combination of counties electing to participate in a global
positioning monitoring system program shall continuously monitor the
performance of successful bidders, receive complaints regarding service, and
conduct hearings pursuant to KRS Chapter 13B which may result in penalties
as set out in the contract against an entity providing global positioning
monitoring system services or which may result in cancellation of the contract
with the provider of the service, or both. The provisions of this subsection shall
be part of any bid offering and any contract entered into between the county or
combination of counties and an entity providing global positioning monitoring
system services.
A county or combination of counties electing to operate a global positioning
monitoring system program may utilize that program for:
(a) Monitoring a domestic violence respondent and petitioner pursuant to
KRS 403.715 to 403.785;
(b) Monitoring the pretrial release of a person charged with a crime pursuant
to KRS 431.515 to 431.550;
(c) Monitoring a person assigned to a pretrial diversion program pursuant to
KRS 533.250 to 533.262; and
(d) Monitoring a person granted probation or conditional discharge pursuant
to KRS Chapter 533.
Information obtained by a global positioning monitoring system shall not be a
public record.
Information obtained by a global positioning monitoring system shall be used
only for the purpose of verifying the location of the monitored person. Global
positioning monitoring system information obtained from persons subject to
monitoring pursuant to KRS 403.715 to 403.785 shall not be utilized for any
criminal investigation, prosecution, or other criminal justice related purpose
(8)
without a valid search warrant or order issued by a court of competent
jurisdiction. Information obtained in violation of this subsection or without a
valid search warrant or court order shall be inadmissible in court for any
purpose.
Any person or organization who knowingly or wantonly divulges global
positioning monitoring system information about any person in violation of
subsection (6) or (7) of this section shall be guilty of a Class A misdemeanor.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 170, sec. 10, effective July 15, 2010.
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