Ky. Sup. Ct. Order 2021-30

Supreme Court of Kentucky

2021-30

ORDER

IN RE: Authorization for Release of Information Pursuant to RCR 4.08(f)

Alex Albright, a researcher at Harvard University, has requested that the

Kentucky Supreme Court authorize the Administrative Office of the Courts (AOC) to

release data regarding information supplied to representatives of Kentucky Pretrial

Services during defendants’ initial interviews or subsequent contacts. Albright’s data

request is for the sole purpose of evaluating the impact of the Administrative Release

program.

RCr 4.08 provides that information supplied by a defendant to a representative

of Kentucky Pretrial Services during the defendant’s initial interview or subsequent

contacts, or information obtained by Kentucky Pretrial Services as a result of the

interview or subsequent contacts, shall be deemed confidential and shall not be

subject to disclosure. Subsection (f) of the rule provides that “any person conducting

an evaluation of the pre-trial release program may have access to all completed

interview forms upon order of the Supreme Court.”

Upon consideration of Albright’s request to review and evaluate Kentucky’s

pretrial data, and based on the authority under RCr 4.08(f), the Supreme Court hereby

authorizes the AOC, subject to a previously executed Memorandum of Understanding

setting forth requirements concerning confidentiality and redisclosure, to release the

following data regarding information supplied to representatives of Kentucky Pretrial

Services by defendants:

● Person identifier (Person ID);

● Pretrial services interview identifier (Interview ID);

● Zip code (from address);

● City and state (from address);

● Homelessness status; and

● Income.

Entered this 17th day of August 2021.

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CHIEF JUSTICE

All sitting; all concur.