KRS § 67.372 — KY Code / Title IX / Chapter 67 / Section 67.372
67.372 County administration of global positioning monitoring system program -- Conditions -- Agreements between counties -- Administrative fee
Status: in_force

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

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;

(7) 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;

(8) 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

(9) 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.