Vision Statement: Pretrial justice through fair and impartial treatment for all.
The Department of Pretrial Services oversees a statewide program based on the premise that individuals are presumed innocent until proven guilty and are entitled to reasonable bail. This premise is supported by federal and state constitutions. Pretrial Services operates in all 120 Kentucky counties and provides services 24 hours a day, seven days a week.
Pretrial specialists are mandated by Supreme Court rule to conduct an interview and assessment within 24 hours of arrest on individuals arrested on bailable offenses. If a individual does not qualify for pre-arraignment release, pretrial specialists then present the findings to a judge, who makes the decision about pretrial release.
The program has earned a national reputation for innovation in the field of pretrial release. In 1976, Kentucky became the second of four states to outlaw commercial bail bonding. Kentucky is also known for being among the first states to establish statewide evidence-based practices.
Services Offered
Pre-Arraignment Release. The Supreme Court authorized the Pre-Arraignment Release Protocol to allow eligible individuals to be released without being presented to a judge. The order gives pretrial specialists the authority to release based on specific criteria without contacting a judge. The program is designed to expedite the pretrial release of low- to moderate-risk individuals charged with nonviolent, nonsexual misdemeanors.
Misdemeanor Diversion. This voluntary program allows certain individuals to be released under the supervision of Pretrial Services. While the criteria for being accepted into a diversion program can vary by jurisdiction, individuals with little or no criminal history who have been charged with a misdemeanor or criminal violation are generally eligible for the program.
Individuals who enter into a diversion agreement with Pretrial Services may be required to pay restitution and/or perform community service instead of being prosecuted for their charge. Misdemeanor diversion is available only in some counties. To learn more about eligibility and which counties offer this program, call the
Pretrial office in the county.
Monitored Conditional Release. Monitored conditional release reduces the unnecessary detention of pretrial individuals who can be released into the community with minimal risk.
Pretrial Services monitors the individuals who may be required to check in and others who may have additional conditions. MCR is available in all 120 counties.
Deferred Prosecution. Deferred prosecution applies only to individuals charged with first or second offenses of possession of a controlled substance 1st degree, a class D felony. The commonwealth’s attorney and the court decide if a individual will be accepted into the program. The commonwealth’s attorney then sets the terms and conditions of the supervision, which is administered by Pretrial Services. If the individual successfully completes the program, the charges are dismissed and all records are sealed. This program is available statewide.
Text Notification. Pretrial Services will send text notifications to remind individuals on pretrial release to appear for their scheduled court dates. Individuals who do not have a cell phone will be reminded by email or a call to a landline.
Pretrial Interview Process & Release Alternatives
Finding yourself or a family member or friend in jail can be a stressful and confusing experience. The following explains what typically happens when someone is arrested in Kentucky. Please note that local procedures can vary and this is a general description of what to expect.
After being arrested, a police officer will transport the individual to a nearby jail. The booking process includes taking the individual’s photo and fingerprints and obtaining basic information, such as address and date of birth. Individuals are also searched for contraband and sometimes given a jail uniform to change into. Physical and mental health screenings are usually conducted. Most jails will allow the individual to make a call to family or friends after they have been booked or received their release decision.
The pretrial specialist will contact the individual to see if they will consent to a brief pretrial interview. The pretrial interview is not mandatory, but the information may be helpful in getting the person released from jail. The information collected by the pretrial specialist is confidential and will be used only for the court-related purposes allowed by statutes and criminal rules.
While the pretrial interview is voluntary, pretrial staff are required to conduct a criminal background check and a risk assessment to determine if the individual is likely to appear in court and not get rearrested if released from jail while the case is pending.
Within 24 hours of the individual's incarceration, the pretrial specialist will use the information collected to determine if the individual is eligible to be released on his/her recognizance without contacting a judge (per Pre-Arraignment Release Protocol). If the individual is not eligible for immediate release on recognizance, the pretrial specialist will present the information to a judge for a decision on pretrial release. Once the judge decides, the pretrial specialist will notify the jail where the individual is housed and the Office of Circuit Court Clerk in the county where the charge originated.
For information on a individual's bond or release status, call the
jail where the defendant is being housed or the
Pretrial office in the county where the individual's charges originated.
Release Options Available to Judges
Judges have a variety of nonfinancial and financial options when considering pretrial release.
Nonfinancial Options for Release
Release on Recognizance. Requires only the individual's signature and their promise to appear in court as scheduled and abide by any conditions that may be imposed by the court.
Unsecured Release. Requires only the individual's signature and their promise to appear in court as scheduled and abide by any conditions that may be imposed by the court. There is an uncollected money amount attached to this type of release. If the individual fails to appear in court as scheduled or abide by conditions that may be imposed by the court, the court could forfeit the release and require the individual to pay the full amount set as bail.
Third-Party Surety Release. Requires a third party to sign with the individual. The party signing will usually be required to own property, but a lien will not necessarily be placed upon the property. These types of bail releases are subject to approval on a local basis. If the individual fails to appear in court as scheduled or abide by conditions that may be imposed by the court, the third-party surety may be subject to forfeiture, which would be the amount set as bail.
Financial Options for Release
Cash. Requires the individual or someone acting on their behalf to post the full amount of cash bail plus filing fees. If the individual fails to appear in court as scheduled or abide by conditions that may be imposed by the court, the court may require the bail to be forfeited. If there are no violations of the conditions, the full amount will be refunded to the person who posted bail when the case is disposed.
Property. Requires Kentucky property owners to have equity in their property equal to twice the amount of bail in order to qualify. A lien will be placed on the property to secure the bail. If the individual fails to appear in court as scheduled or abide by conditions that may be imposed by the court, the court may require the value of the posted property to be forfeited. The lien on the property will be released when the case is disposed. There are also fees for processing this type of bond.
Partially Secured. Requires a percentage of the cash amount set as bail, which is usually 10% but the amount can vary. For example, if bail is set at 10% of $500, then $50 would be required to have the individual released. There is also a 10% processing fee for this type of bail. When the case is disposed, the remaining 90% of the posted bail will be refunded. If the individual fails to appear in court as scheduled or abide by conditions that may be imposed by the court, the court may require the full amount of the bail to be forfeited.