Called the Jailer to inquire about a person's credit via KRS 431.066 for time served, he had never heard of it?

Asked about 1 year ago - Hopkinsville, KY

A person was arrested Saturday for class D felony, trafficking oppiates. Bond was set for $500, KRS 431.066 (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.
the exceptions in paragraph (b) are are sexual related charges. In section 7: (7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant.

Additional information

If its the jailers responsibility to track the credit, how had this one never heard of it? Also, HB 463 includes this as well, as well as crediting the same toward bond. He has served two days, meaning in 3 more, he should have enough credit to be released, but how do we get this credit applied if the jailer who is responsbile for tracking it, has never even heard of it?

Attorney answers (1)

  1. Frank Mascagni III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Go post the $500.00 bail, and the defendant will be released. Contact a local criminal defense attorney to assist. www.kacdl.net

    The entire statute you reference is set out below:
    § 431.066. Pretrial release and bail options - Assessment of flight risk, likelihood of appearing at trial, and risk of danger - Credit toward bail for time in jail.
    Kentucky Revised Statutes
    Title 40. CRIMES AND PUNISHMENTS
    Chapter 431. GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS
    Current through 2013 Ky. Acts ch. 134
    § 431.066. Pretrial release and bail options - 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) I f 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.
    Cite as KRS 431.066

    History. Amended by 2012 Ky. Acts ch. 156, §1, eff. 7/11/2012.

    Created 2011, Ky. Acts ch. 2, sec. 48, effective June 8, 2011.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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