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

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.

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

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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2 lawyers agree

5 comments

Asker

Posted

I have seen the entire statue, but my question is not answered.

Frank Mascagni III

Frank Mascagni III

Posted

You need an attorney to help you and the defendant. Call some in the county where the criminal charge is pending. If he can't afford private counsel, contact the local office of the Public Defender to assist, docket the case, get appointed and seek bond relief. I assume you are not an attorney licensed to practice law, the defendant needs an attorney to practice the case and seek compliance with the law.

Asker

Posted

Is there something specific in there you mean to point out?

Asker

Posted

Didn't see your above post before my last one. Still want to know about the credit though? The issue is no one has the $500 to post bond, wanting/needing the credit that seems like he should get.

Asker

Posted

The jail ended up saying they only give $50 per day credit, how so we challenge or report this? They are unders the same statutes and regulations as all other KY jails, this statute does not only apply to certain counties.

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