Bill > HB104

This bill fundamentally reforms Kentucky's pretrial release system by creating a more nuanced, risk-based approach to bail and detention. The legislation introduces a validated pretrial risk assessment tool that categorizes defendants as low, moderate, or high risk, and establishes detailed guidelines for release or detention based on these risk levels and the nature of the charged offense. For verified and eligible defendants, the bill limits the use of money bail, prioritizing release on personal recognizance with standard conditions like not committing new offenses and appearing for court. The bill creates a new preventive detention process that allows courts to detain defendants before trial only after a hearing and upon finding clear and convincing evidence that no conditions of release can reasonably ensure public safety or court appearance. Specifically, the bill creates a presumption against release for defendants who have committed violent or sexual offenses under certain circumstances, allows money bail only in limited situations for high-risk defendants who do not pose a public safety threat, and requires courts to consider multiple factors when making pretrial release decisions, including the defendant's criminal history, community ties, and the specific characteristics of the current offense. The legislation aims to reduce unnecessary pretrial detention while maintaining public safety and ensuring defendants' court appearances.

Justice

https://apps.legislature.ky.gov/record/25RS/hb104.html