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Section 9 Release decision order provisions

Baldwin's Kentucky Revised Statutes AnnotatedJudicial Guidelines for Pretrial Release and Monitored Conditional Release

Baldwin's Kentucky Revised Statutes Annotated
Judicial Guidelines for Pretrial Release and Monitored Conditional Release
KY Rules of the Supreme Court (SCR), GDS PRETRIAL RELEASE Section 9
Section 9 Release decision order provisions
In the release decision order, the court should:
(a) include all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct.
(b) advise the defendant of:
(1) the consequences of violating a condition of release, including the immediate issuance of a warrant for the defendant's arrest and possible criminal penalties;
(2) the prohibitions against threats, force, or intimidation of witnesses, jurors and officers of the court, obstruction of criminal investigations and retaliation against a witness, victim or informant; and
(3) the prohibition against any criminal conduct during pretrial release.
(c) document the reasons for:
(1) setting a bail amount that exceeds the maximum amount set forth in KRS 431.525(2) through (5) because the defendant presents a flight risk or is a danger to others;
(2) denying a defendant release via bail credit under KRS 431.066 because:
(A) the defendant is 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
(B) the defendant is found by the court to present a flight risk or to be a danger to others; and
(3) denying a defendant release pursuant to presumptive probation under KRS 218A.135 because the defendant presents a flight risk or is a danger to himself or herself or a danger to others.

Credits

HISTORY: Amended by Order 2017-20, eff. 12-6-17. Adopted by Order 2011-12, eff. 12-15-11
Sup. Ct. Rules, GDS PRETRIAL RELEASE Section 9, KY ST S CT GDS PRETRIAL RELEASE Section 9
Current with amendments received through May 1, 2022. Some sections may be more current, see credits for details.
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