Pretrial Services

Helping to provide reason and compassion to Kentucky's judicial system

The Pretrial Services program operates under the premise, supported by federal and state constitutions, that individuals accused of committing a crime are presumed innocent until proven guilty and are entitled to reasonable bail. Those accused are entitled to the least restrictive release terms possible, depending on whether they are likely to appear in court and/or whether they present a risk to public safety.

How do I get someone out of jail?
What does it mean to post bond or sign as surety?
How do I contact a Pretrial Release Officer?
Why doesn't Kentucky use bail bondsmen?
Can a bail bondsmen post a bond in Kentucky?
How do I know if I or a loved one qualifies for MCR (Monitored Conditional Release) or Diversion?

How do I get someone out of jail?
After being arrested, and within 12 hours of being lodged in jail, defendants will be approached by a pretrial officer who will try to facilitate release for the accused. You may contact the local Pretrial Release Officer with questions. You may assist the Pretrial Officer by verifying information or expressing interest in signing as surety or posting bond in some other fashion (i.e. cash, property, partially secured, etc.) Contact numbers for your local pretrial services program. 

What does it mean to post bond or sign as surety?
There are different bond options available to the judiciary. Here are the most common types of release utilized by judges:

• Release on Recognizance—requires only the signature of the defendant and a promise to appear in court as scheduled.
• Cash bond—requires full cash amount to posted plus fees. If you choose to post this bond on behalf of another, and the person does not show up for court appearances or does not abide by conditions that may be imposed by the Court, you will be subject to have this cash forfeited by the Court. If no violations of the conditions of bond occur, then the full amount will be refunded upon disposition of the case.
• Property bond—requires property owners to have equity in their property that is equal to twice the face amount of the bond in order to qualify. A lien will be placed on this property to secure the bond. Once again, if the person does not show up for court appearances or does not abide by conditions that may be imposed by the Court, you will be subject to forfeiture by the Court. There are also fees for processing this type of bond. The lien on the property will be released upon disposition of the case.
• Partially Secured—requires a percentage of the cash amount set as bond (usually 10%, but can vary). If a bond has been set at $500 you would be required to post $50 (if the partially secured bond was set at 10 %?). There is a processing fee for this type of bond, so you would receive 90% of the $50 you posted once the case is disposed. If the person does not show up for court appearances or does not abide by conditions that may be imposed by the Court, you may be subject to pay $500 as forfeiture by the Court.
• Surety Bond—requires a third party to sign with the defendant. The party signing will usually be required to own property but a lien will not necessarily be placed upon the property. These types of bonds are subject to approval on a local basis. If the person does not show up for court appearances or does not abide by conditions that may be imposed by the Court, you may be subject to forfeiture by the Court. The amount of the forfeiture would be the amount set as bond.
• Unsecured Bond—requires that the defendant sign and promise to appear. There is a money amount attached to this type of bond and a failure to appear in court or a failure to abide by conditions imposed by the court by the person could lead to a forfeiture of the bond that the defendant would be required to pay.

How do I contact a Pretrial Release Officer?
Contact numbers for Pretrial Release Agencies can usually be found under government listings in phone books or on the web. Contact numbers for your local pretrial services program.

Why doesn’t Kentucky use bail bondsmen?
In 1976, Kentucky became the first state in the country to abolish bail bonding for profit. The Kentucky General Assembly created the Pretrial Services Agency to administer a pretrial release program as a division of the Administrative Office of the Courts.

Can a bail bondsmen post a bond in Kentucky?
No. KRS 431.510 makes it unlawful for bail bondsmen to engage in business by furnishing “bail or funds or property to serve as bail or make bonds or enter into undertakings as surety.”

How do I know if I or a loved one qualifies for MCR (Monitored Conditional Release) or Diversion?
Pretrial Officers recommend to the court those persons who meet the criteria for MCR. Check with your local officer as these criteria may be different from county to county.

Diversion clients are usually referred to Pretrial Services by the Court and are usually first-time offenders charged with misdemeanor or traffic offenses.  However, this too may vary by jurisdiction so check with your local Pretrial Officer for qualifications.

More Information about Pretrial Services

Federal study validates risk-assessment tool used by Kentucky courts for pretrial release

As Kentucky reforms its corrections system in favor of evidence-based practices, a federal study shows that the court system’s method for helping judges determine whether to grant pretrial release is a proven success. The study by the JFA Institute in Washington found that Kentucky has a high pretrial release rate of 74 percent, with low rates of rearrest and failure to appear in court among individuals who were granted pretrial release. The state’s rates are among the best reported by any criminal justice program in the nation, according to the non-profit Pretrial Justice Institute.

Press Release from the
American Probation and Parole Association
June 15, 2010
 
Association Contact: Diane Kincaid, Deputy Director
Phone: (859) 244-8196
dkincaid@csg.org
www.appa-net.org

APPA Supports Pretrial Supervision Services
 
On June 7, 2010, the American Probation and Parole Association published a new Resolution supporting pretrial supervision services. As the Resolution states, “pretrial supervision services exist to evaluate the jail population to ensure those who should be in custody remain in custody and those who do not pose a significant risk to the community can be released, allowing for better utilization of our justice resources.”
 
Comments from Mr. Timothy Murray, Executive Director of the Pretrial Justice Institute, underline the importance of careful decision making regarding pretrial release of those accused of crimes, “Most jurisdictions use pre-set fees arranged by the type of charge to determine whether a suspect should or should not be released back into the community. Accused felons, therefore, are often released on bail with little or no attention paid to their criminal histories, their danger to society or whether they are likely to become fugitives.”
 
A 2008 report from the state of Colorado, Topics in Community Corrections, points out, “...defendants who could be supervised effectively in the community often remain in jail unnecessarily because they are unable to post bond. At the same time, higher-risk defendants who can post a monetary bond are often returned to the community unsupervised.”[1]
 
Barbara Broderick, APPA President and Chief of the Maricopa County (Phoenix, AZ) Adult Probation Department says, "As Chief of a large probation agency that includes pretrial supervision services, I know for a fact that the pretrial officers we employ are professionals with superior training and skills that allow them to not only secure public safety by supervising those accused of crime prior to their trials, but to also assist those in need of services such as mental health or substance abuse treatment. The bail bond industry is simply unable to provide such service to the community".
 
Executive Director of APPA, Mr. Carl Wicklund, adds, “Pretrial services are an essential cog in the fair administration of justice by helping ensure responsible population management of jails, appropriate release and supervision of defendants awaiting trial without regard for financial means, and the provision of valuable information to the justice system process”.
 
Please see below for the full Resolution text. APPA’s resolution in support of pretrial supervision services can also be found on the Association’s website: http://tiny.cc/pcz6x

WHEREAS, pretrial supervision services exist to evaluate the jail population to ensure those who should be in custody remain in custody and those who do not pose a significant risk to the community can be released, allowing for better utilization of our justice resources;
 
WHEREAS, a vast majority of pretrial supervision activities are carried out as subdivisions of state or local probation agencies, while depending on jurisdiction, others are standalone agencies;
 
WHEREAS, the bond industry serves as the de facto decision maker of who is released from jail and these decisions are based on monetary considerations whereby pretrial supervision agencies’ decisions are based on likelihood of court appearance and community safety considerations.
 
WHEREAS, the majority of our jails are filled with those awaiting trial with a large percentage of these crimes being misdemeanors and low-level nonviolent felonies while the cost for housing these individuals is borne by taxpayers;
 
WHEREAS, pretrial supervision has been proven a safe and cost effective alternative to jail for many individuals awaiting trial;
 
WHEREAS, pretrial supervision divisions in the United States employ professionally trained officers who use tools to assess the risk of offenders prior to release from jail and make recommendations for release to the appropriate court or office;
 
WHEREAS, pretrial supervision officers conduct assessments to determine the need for treatment (i.e., substance abuse, mental health) and help offenders access these services more quickly thereby reducing costs associated with jail incarceration and potential future crimes;
 
WHEREAS, pretrial supervision officers compile reports on those they supervise noting compliance with conditions that can be useful to the court if individuals convicted are then released on probation;
 
NOW THEREFORE BE IT RESOLVED, that the Board of Directors of the American Probation and Parole Association supports the role of pretrial supervision services to enhance both short-term and long-term public safety, provide access to treatment services and reduce court caseloads, and submit that such a role cannot be fulfilled as successfully by the bail bond industry.

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