KRS § 431.066 — KY Code / Title XL / Chapter 431 / Section 431.066
431.066 Pretrial release and bail options of verified and eligible defendant -- Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail
Status: in_force

431.066 Pretrial release and bail options of verified and eligible defendant --

Assessment of flight risk, likelihood of appearing at trial, and risk of danger --

Credit toward bail for time in jail.

(1) For purposes of this section, "verified and eligible defendant" means a defendant

who pretrial services is able to interview and assess, and whose identity pretrial

services is able to confirm through investigation.

(2) 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. In making this

determination, the court shall consider the pretrial risk assessment for a verified and

eligible defendant along with the factors set forth in KRS 431.525.

(3) If a verified and eligible 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.

(4) If a verified and eligible 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 (3) 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.

(5) (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 ($100) 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 defendant shall be 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.

(c) For purposes of this subsection, "a day or portion of a day" means any time

spent in a detention facility following booking.

(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection

while also earning credit pursuant to KRS 534.070.

(6) If a court determines that a defendant shall not be released pursuant to subsection

(5) of this section, the court shall document the reasons for denying the release in a

written order.

(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant

to subsection (5) of this section.