{"data":{"id":"us-ky/krs-431.064","jurisdiction":"us-ky","citation":"KRS 431.064","heading":"Pretrial release of person arrested for assault, sexual offense, or violation","body":"of protective order -- Conditions -- Hearing -- Victim entitled to copy of\nconditions of release -- Entry of conditions into Law Information Network --\nPenalty.\n(1) In making a decision concerning pretrial release of a person who is arrested for a\nviolation of KRS Chapter 508 or 510, or charged with a crime involving a violation\nof an order of protection as defined in KRS 403.720 and 456.010, the court or\nagency having authority to make a decision concerning pretrial release shall review\nthe facts of the arrest and detention of the person and determine whether the person:\n(a) Is a threat to the alleged victim or other family or household member; and\n(b) Is reasonably likely to appear in court.\n(2) Before releasing a person arrested for or charged with a crime specified in\nsubsection (1) of this section, the court shall make findings, on the record if\npossible, concerning the determination made in accordance with subsection (1 ) of\nthis section, and may impose conditions of release or bail on the person to protect\nthe alleged victim of domestic violence or abuse and to ensure the appearance of the\nperson at a subsequent court proceeding. The conditions may include:\n(a) An order enjoining the person from threatening to commit or committing acts\nof domestic violence or abuse against the alleged victim or other family or\nhousehold member;\n(b) An order prohibiting the person from harassing, annoying, telephoning,\ncontacting, or other wise communicating with the alleged victim, either\ndirectly or indirectly;\n(c) An order directing the person to vacate or stay away from the home of the\nalleged victim and to stay away from any other location where the victim is\nlikely to be;\n(d) An order prohibiting the person from using or possessing a firearm or other\nweapon specified by the court;\n(e) An order prohibiting the person from possession or consumption of alcohol or\ncontrolled substances;\n(f) Any other order required to protect the safety of the alleged victim and to\nensure the appearance of the person in court; or\n(g) Any combination of the orders set out in paragraphs (a) to (f) of this\nsubsection.\n(3) If conditions of release are imposed, the court imposing the conditions on the\narrested or charged person shall:\n(a) Issue a written order for conditional release; and\n(b) Immediately distribute a copy of the order to pretrial services.\n(4) The court shall provide a copy of the conditions to the arrested or charged person\nupon release. Failure to provide the person with a copy of the conditions of release\ndoes not invalidate the conditions if the arrested or charged person has notice of the\nconditions.\n(5) If conditions of release are imposed without a hearing, the arrested or charged\nperson may request a prompt hearing before the court to review the conditions.\nUpon request, the court shall hold a prompt hearing to review the conditions.\n(6) The victim, as defined in KRS 421.500, of the defendant's alleged crime, or an\nindividual designated by the victim in writing, shall be entitled to a free certified\ncopy of the defendant's conditions of release, or modified conditions of release,\nupon request to the clerk of the court which issued the order releasing the defendant.\nThe victi m or the victim's designee may personally obtain the document at the\nclerk's office or may have it delivered by mail.\n(7) The circuit clerk or the circuit clerk's designee, in cooperation with the court that\nissued the order releasing the defendant, shall cause the conditions of release to be\nentered into the computer system maintained by the clerk and the Administrative\nOffice of the Courts within twenty -four (24) hours following its filing, excluding\nweekends and holidays. Any modification of the release conditions shall likewise be\nentered by the circuit clerk, or the circuit clerk's designee.\n(8) The information entered under this section shall be accessible to any agency\ndesignated by the Department of Kentucky State Police as a terminal agency for the\nLaw Information Network of Kentucky.\n(9) All orders issued under this section which require entry into the Law Information\nNetwork of Kentucky shall be entered on forms prescribed by the Administrative\nOffice of the Courts. If the conditions of pretrial re lease are contained in an order\nwhich is narrative in nature, the prescribed form shall be used in addition to the\nnarrative order.\n(10) Any person who violates any condition of an order issued pursuant to this section is\nguilty of a Class A misdemeanor.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44792","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:45Z","sha256":"d37072f5415fccff4299347fc0a3ec81991d9cb08cedd5ac34d69295c3ecc7d0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-431.063","next":"us-ky/krs-431.065"},"notice":"GroundRules: Original legal text. Not legal advice."}