{"data":{"id":"us-ky/krs-431.066","jurisdiction":"us-ky","citation":"KRS 431.066","heading":"Pretrial release and bail options of verified and eligible defendant --","body":"Assessment of flight risk, likelihood of appearing at trial, and risk of danger --\nCredit toward bail for time in jail.\n(1) For purposes of this section, \"verified and eligible defendant\" means a defendant\nwho pretrial services is able to interview and assess, and whose identity pretrial\nservices is able to confirm through investigation.\n(2) When a court considers pretrial release and bail for an arrested defendant, the court\nshall consider whether the defendant constitutes a flight risk, is unlikely to appear\nfor trial, or is likely to be a danger to the public if released. In making this\ndetermination, the court shall consider the pretrial risk assessment for a verified and\neligible defendant along with the factors set forth in KRS 431.525.\n(3) If a verified and eligible defendant poses low risk of flight, is likely to appear for\ntrial, and is not likely to be a danger to others, the court shall order the defendant\nreleased on unsecured bond or on the defendant's own recognizance subject to such\nother conditions as the court may order.\n(4) If a verified and eligible defendant poses a moderate risk of flight, has a moderate\nrisk of not appearing for trial, or poses a moderate risk of danger to others, the court\nshall release the defendant under the same conditions as in subsection (3) of this\nsection but shall consider ordering the defendant to participate in global positioning\nsystem monitoring, controlled substance testing, increa sed supervision, or such\nother conditions as the court may order.\n(5) (a) Except as provided in paragraph (b) of this subsection, regardless of the\namount of the bail set, the court shall permit the defendant a credit of one\nhundred dollars ($100) per day as a payment toward the amount of the bail set\nfor each day or portion of a day that the defendant remains in jail prior to trial.\nUpon the service of sufficient days in jail to have sufficient credit to satisfy\nthe bail, the defendant shall be released fr om jail on the conditions specified\nin this section or in this chapter.\n(b) The provisions of paragraph (a) of this subsection shall not apply to:\n1. Any person convicted of, pleading guilty to, or entering an Alford plea\nto a felony offense under KRS Chap ter 510, KRS 529.100 involving\ncommercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or\n531.320, or who is a violent offender as defined in KRS 439.3401; or\n2. A defendant who is found by the court to present a flight risk or to be a\ndanger to others.\n(c) For purposes of this subsection, \"a day or portion of a day\" means any time\nspent in a detention facility following booking.\n(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection\nwhile also earning credit pursuant to KRS 534.070.\n(6) If a court determines that a defendant shall not be released pursuant to subsection\n(5) of this section, the court shall document the reasons for denying the release in a\nwritten order.\n(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant\nto subsection (5) of this section.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40904","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:45Z","sha256":"98e32355328df536754d25c58909d8b192caaf63347f965dee931e98eb090e60","source_id":"us-ky","stale":false,"prev":"us-ky/krs-431.065","next":"us-ky/krs-431.067"},"notice":"GroundRules: Original legal text. Not legal advice."}