Ky. Cir. Ct. Clerks' Manual DISTRICT COURT CRIMINAL COMPLAINTS

33 DISTRICT COURT CRIMINAL COMPLAINTS

RCr 2.02 Process Map

 There is no filing fee in a criminal case. KRS 453.190(1).

 If a person wishes to file a criminal complaint, direct him/her to the county attorney or

commonwealth's attorney. The complaint must be made upon oath and must be signed.

RCr 2.02.

 Upon receipt of a complaint take the complaint to your district judge or trial commissioner.

NOTE: In the event all district and circuit judges and all trial commissioners are absent

from a county, the circuit clerk in that county may issue criminal warrants (including

search warrants) prepared by the commonwealth attorney or county attorney, who shall

certify that there is no district judge, circuit judge or trial commissioner within the

county. KRS 15.725(5).

33.1 Appearance Bond

A judge, trial commissioner, or other officer issuing an arrest warrant may Quick Reference

require the complaining witness to post a bond to guarantee his/her

attendance in court. AOC Form 485

1. Prepare the Prosecuting Witness Appearance Bond, AOC Form 485, for the Collect fees

complaining witness's signature; collect the amount of the bond, and the

bond filing fee as set forth in the Accounting Manual and give a receipt.

KRS 431.017. File, date, initial

2. Apply the FILED stamp to the bond; add the date and your initials.

Attach the signed bond form to the bookkeeping bond card a copy in the

case file.

3. Pending complaints/warrants/summons are not court records and

therefore, should not be maintained in the clerk’s office. Do not open a

case until the warrant or summons is served on a defendant.

DISTRICT COURT CRIMINAL COMPLAINTS

33.2 Open a Case

1. Upon receipt of service/execution of a warrant/summons on a defendant, Quick Reference

apply the FILED stamp to the complaint; add the date and your initials. File, date, initial

2. Refer to the Case Add section of the KyCourts Manual for instructions on

opening the case. Generate the next case for T, M, or F case.

T, M, F case

3. Open one case file and assign one case number when two or more

offenses, whether felonies, misdemeanors, violations, or any combination

thereof, are charged in the same or related indictment, information,

served criminal complaint or citation, where the offenses are of the same

or similar character or are based on the same acts or transactions

connected together or constituting parts of a common plan or scheme. See

Uniform Case Management Standards.

NOTE: If offenses are mixed in nature on a district court criminal

complaint, i.e., felonies, misdemeanors and/or traffic charges in some

combination, the case type assigned will be that of the most serious

offense. For exceptions see: Case Numbering.

NOTE: If an appearance bond was posted by the complaining witness, a

copy of the signed bond form attached to the bookkeeping bond card

should be filed in the case file.

33.3 Judgment/Order

1. A signed calendar is an order or judgment for each case listed. CR 58.

Upon receipt of a signed calendar, apply the ENTERED stamp; add the Enter, date, initial

date and your initials. Enter the information on the appropriate screen(s).

NOTE: Notice of entry of judgment is not required in misdemeanor or

traffic cases. RCr 12.06(3).

2. If the order or judgment imposes jail time, complete AOC Form 425, Order AOC Form 425

of Commitment and deliver to the transporting officer.

DISTRICT COURT CRIMINAL COMPLAINTS

33.4 Charge Closing

1. When the calendar closes the charges(s), complete the disposition date, disposition

judge, disposition type, trial type, original plea and final plea on the charge screen.

NOTES:

• To close using BenchPro refer to the KyCourts Manual.

• See Pleas for more information regarding entering a plea and disposition.

• Refer to instructions in the KyCourts Manual for charge disposition reportable to

Division of Driver Licensing (DDL Requirements). Also see Conviction Reporting.

2. An order from the court showing the defendant incompetent to stand trial; not guilty by

reason of insanity; or guilty but mentally ill may subject the defendant to a firearm

prohibition. See Firearm Prohibition.

33.5 Sentence

1. If a sentence is imposed by the court, complete a sentence screen. See Quick Reference

KyCourts Manual Sentence Detail Screen for additional information. Complete sentence

NOTE: When all charges in the case have been completed, the system will screen

close the case screen by completing the disposition date and judge at

disposition fields.

2. If ordered, collect the fine, court costs and applicable fees as set out in the Collect fees

Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3). See Court Costs, Fees, and Fines.

33.6 Court Costs, Fees, and Fines

Court costs, fees, and fines are not assessed unless there is a conviction. Absent a finding of

indigency, imposition of court costs is mandatory anytime there is a conviction.

DISTRICT COURT CRIMINAL COMPLAINTS

33.6.1 Initial Assessment and Setting Show Cause Date for Installment

Payments

1. If ordered, collect the fine, court costs and applicable fees as set out in the Quick Reference

Accounting Manual, and give a receipt. KRS 24A.175(1); KRS

24A.185(1),(3). Court costs are based upon the following:

• Offenders will pay the court costs in effect on the violation date

shown on the citation or indictment plus library fee and court

facilities fee, if applicable.

• Refer questions about receipting court costs to Court Services.

2. Apply payments first to court costs, then to restitution, then to fees and

finally to fines, unless otherwise ordered by the Court. Contact Court

Services if you receive a court order directing you to apply payments in a

different fashion.

3. If the court establishes an installment plan for the offender, schedule a

show cause hearing using scheduled event type SCIP as ordered by the Event type SCIP

court.

4. The defendant shall be given notice of the total amount due, the payment

frequency, and the date by which all payments must be made.

5. The notice shall instruct the defendant that if he or she has not complied

with the installment payment plan by the scheduled date, he or she shall

appear on that date to show cause as to why he/she is unable to satisfy

the obligations.

6. The notice shall be given to the defendant in writing on a form provided by

the AOC. Use AOC-465.1 (Fine & Cost List with Order to Show Cause For

Non-payment) or AOC 465.2 (Order for Deferred or Installment Payments

or Courts, Fees, and Fines with Show Cause Order).

33.6.2 Failure to Pay or Appear at Show Cause Hearing

 The response of a court to nonpayment shall be determined only after the court costs,

fees, or fines have not been paid and either a show cause hearing has been held, or

the defendant has failed to appear at the show cause hearing. Every warrant for arrest

issued shall include a notice to the jailer that the defendant shall be released upon

payment or completion of daily credit pursuant to KRS 534.070.

1. If defendant fails to appear at a show cause hearing, the judge may issue a

warrant for the defendant’s arrest.

2. If a bench warrant is issued, include in the Bail memo in KYCourts the total

amount of court costs, fees, and fines owed by defendant with the statement

“released if paid or upon service of daily credit.”

DISTRICT COURT CRIMINAL COMPLAINTS

33.6.3 Jail Credit

Defendants incarcerated for failure to pay court costs, fees, or fines (or for failure to appear

and show cause for nonpayment) are entitled to a jail credit for time spent against the

amount owed. Unless the defendant is incarcerated pursuant to orders in other cases, upon

service of sufficient days in jail to have sufficient credit to satisfy the court costs, fees, or

fines, the defendant shall be released from jail.

Credit is applied by the jailer at the following rates for each day spent in jail:

• $50 per day if no community service is performed

• $100 per day if (8) eight hours of community service is performed

• 1/8 of $100 for each hour worked

NOTE: The jailer is responsible for tracking the amount of credit the defendant has

earned and filing the AOC 426 (Notice of Jail Credit).

Quick Reference

1. Upon receipt from the jailer of AOC 426 (Notice of Jail Credit), apply the File, date, initial

FILED stamp, add the date and your initials.

Document type NJC

2. File on a document screen using document code NJC. Enter the amount

of credit earned in the box provided. Refer to the Jail Credit section in the

Accounting Manual for information about applying the credit.

33.7 No Insurance Charges

If a defendant is convicted of a second or subsequent charge of "No Insurance" (KRS

304.99-060), redocket the case for review in six months for additional proof of insurance. If

the license is suspended, the Division of Drivers Licensing will be notified electronically.

DISTRICT COURT CRIMINAL COMPLAINTS

33.8 Incompetency Determination

KRS 186.560

1. Upon receipt of an AOC 400 Competency Hearing Order, apply the

Quick Reference

ENTERED stamp to the order; add the date and your initials. Enter the

File, date, initial

order on the document screen. Serve notice of entry as shown in the

distribution list at the bottom of the form. Mail a copy of the order to the State Board of

State Board of Elections. KRS 30A.145. Elections

2. A person found incompetent to stand trial may be subject to a firearm 140 Walnut Street

prohibition. See Firearms Prohibition. Frankfort, KY 40601

3. A person found incompetent to stand trial is prohibited from operating a

motor vehicle during the period of the person’s incompetency.

4. Upon a finding of incompetency for any charge using disposition type INC

– Incompetent to Stand Trial; an abstract reporting record will be Disposition type

generated notifying DOT. INC

5. When the individual is found competent to stand trial, manually enter a

“COR – correction record” for each charge in which a report was

generated due to the INC disposition.

COR- correction

License Surrendering Procedures record

• Confiscate license. KRS 186.440, or

• Issue a duplicate license and confiscate. KRS 186.440. The location code should match

the issuing location, but the issuing location will not match the address for an

out-of-county conviction.

33.9 Sex Offender Order to Register

1. When Probation and Parole Form P:227, Sex Offender Duty to Register

Notification Form, signed by the judge is received, apply the ENTERED Enter, date, initial

stamp; add the date and your initials. File by completing a document

screen using document type ORSO. Give notice of entry of the judge’s Document type

order by distributing a copy of the form as shown in the distribution list at ORSO

the bottom of the form.

NOE

DISTRICT COURT CRIMINAL COMPLAINTS

33.9.1 Sex Offender Registration Non-Compliance Notice

When notification of non-compliance by a defendant of requirements of the Sex Offender

Registry is received (KRS 17.510(13)(b)):

Quick Reference

1. Apply the FILED stamp to the notification; add the date and your initials. File, date, initial

File by completing a document screen using document type NO, Notice – Document type NO

Other and memo details.

NOTE: If the notification is received in a county other than the county of

conviction, file in a miscellaneous file labeled "Out of County Sex

Offender Non-Compliance Notices.”

2. Mail or hand deliver a copy to the county attorney.

3. Notify the judge of the notification of non-compliance. Schedule a hearing Schedule hearing

as directed by the court or pursuant to motion or notice from the county

attorney.

4. Upon receipt of a signed order, apply the ENTERED stamp; add the date Enter, date, initial

and your initials.

5. Enter the order on the document screen (or manual docket sheet if the Enter order

notification is received in a county other than the county of conviction).

Serve notice of entry on every party who is not in default or who has not NOE

filed a written waiver of notice.

6. Make an entry on the document screen showing the manner (mail or

personal delivery) and date of service of notice of entry of order.

33.10 Interpersonal Protective Order Following Stalking

or Sexual Assault Convictions

DISTRICT COURT CRIMINAL COMPLAINTS

33.11 Kentucky Rule of Evidence (KRE) 412 Hearing in Rape and

Similar Cases

 Procedure to Determine Admissibility of Evidence: For hearings held pursuant to KRE

412(c)(2), motions and related papers together with the audio or video tape of the hearing

must be sealed and remain sealed unless the court orders otherwise.

1. Upon receipt KRE 412 (c)(2) motion(s) and related papers, apply the Quick Reference

FILED stamp; add the date and your initials. File, date, initial

2. File by completing a motion or document screen as appropriate. If the

pleading is a motion, schedule a court date by completing a scheduled

events screen.

3. Place the motion or other pleading in an envelope; mark the envelope

CONFIDENTIAL; add the date and your initials. Seal the envelope and Mark

place the sealed envelope in the case file. CONFIDENTIAL,

date, initial

4. If an audio or video hearing is held place the tape of such hearing in an

envelope; mark the envelope CONFIDENTIAL; add the date and your

initials. Seal the envelope and place the sealed envelope in the case file. Mark

5. Do not release the sealed envelope(s) from your custody except when CONFIDENTIAL,

actually used in the action or proceeding. If a request to review the case date, initial

file is received, remove the envelope(s) from the case file.

6. A party seeking to view the sealed envelope(s) must secure a court order

giving him/her access.

7. When the case is closed, maintain the confidentiality of the pleadings.