KRS § 431.064 — KY Code / Title XL / Chapter 431 / Section 431.064
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
Status: in_force

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) 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 an order of protection as defined in KRS 403.720 and 456.010, 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.