Ky. Sup. Ct. Order 2022-48

Supreme Court of Kentucky

2022-48

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

ORDER

The Criminal Justice Institute (CJI) 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.

CJI’s data request is for the sole purpose of attempting to understand the

reasons why defendants fail to appear (FTA) for their court dates.

CJI has requested that the Jefferson County Pretrial staff administer a

voluntary survey during each interview. CJI’s objective is to analyze these

results to determine the unique reasons why individuals fail to appear. AOC

has agreed that this information has the potential to be very beneficial and

could assist stakeholders and policy makers to develop effective methods of

reducing FTAs for court and improve pretrial outcomes.

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 CJI’s request to evaluate Kentucky’s pretrial data,

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

authorizes the AOC and CJI, subject to an executed Memorandum of

Understanding setting forth requirements concerning confidentiality and

redisclosure, to conduct a study in Jefferson counties in which the defendants

will be asked specific questions regarding failure to appear and release any

data to CJI related to the FTA survey and process in relation to that study.

Entered this 11th day of October 2022.

All sitting; all concur.

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CHIEF JUSTICE