Ky. Sup. Ct. Order 2023-40 C

approximate time of the pretrial interview. Nothing in this order shall

prohibit the tool from being re-applied to the defendant at any time after the

initial application.

Section 3. Eligibility and Release Options

Defendants charged with certain non-violent/non-sexual misdemeanors or Class

D felonies whose risk scores have been assessed as low or moderate risk for failure

to appear and low or moderate risk for new criminal activity shall be eligible under

this Schedule and shall be released on recognizance with the following exceptions:

A. Any defendant charged with an offense listed in Appendix A is not eligible

under this schedule.

B. Any defendant charged with the misdemeanor offense of KRS 222.202

(Offenses of Alcohol Intoxication or Drinking Alcoholic Beverages in a Public

Place) shall be released as follows:

1. To an adult who is willing to accept responsibility for the defendant

either through a signature verification on a form prescribed by the

Administrative Office of the Courts or by verbal affirmation and

showing a government issued identification to the jailer; or

2. At such time as the defendant is able to safely care for himself or

herself but in no event shall the defendant be detained for more than

eight (8) hours following his or her arrest.

C. Any defendant charged with KRS 525.100 (Public Intoxication) shall be

released as follows:

1. To an adult who is willing to accept responsibility for the defendant

either through a signature verification on a form prescribed by the

Administrative Office of the Courts or by verbal affirmation and

showing a government issued identification to the jailer; or

2. At such time as the defendant is able to safely care for himself or

herself but in no event shall the defendant be detained for more than

twelve (12) hours following his or her arrest.