Ky. Sup. Ct. Order 2026-31

Supreme Court of Kentucky

2026-31

ORDER

IN RE: AUTHORIZATION FOR RELEASE OF INFORMATION

PURSUANT TO RCR 4.08(f)

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.

The Crime and Justice Institute (CJI) will partner with the Kentucky

Administrative Office of the Courts (AOC) Department of Pretrial Services (DPS)

to evaluate a Swift, Certain and Fair (SCF) pretrial supervision model. The goal

of the project is to pilot an evidence-based approach to pretrial supervision in

selected sites and assess the impact of the new model on key pretrial outcomes

(i.e., bond revocations, court appearance). CJI’s data request is for the sole

purpose of evaluating the SCF pretrial supervision model, currently piloted in

Boyle, Mercer and Fayette Counties. Results of the pilot counties will be used

in comparison to other counties not operating under the same model.

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

for the purposes of evaluating the Swift, Certain and Fair (SCF) model, 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 release any data necessary to evaluate and fulfill the SCF pilot.

Entered this 17th day of September 2026.

All sitting; all concur.

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CHIEF JUSTICE