(1) Any statute to the contrary notwithstanding, a defendant charged with an offense under this chapter for which a conviction may result in presumptive probation shall be placed on pretrial release on his or her own recognizance or on unsecured bond by the court subject to any conditions, other than bail, specified in KRS 431.515 to
431.550.

Terms Used In Kentucky Statutes 218A.135

  • Presumptive probation: means a sentence of probation not to exceed the maximum term specified for the offense, subject to conditions otherwise authorized by law, that is presumed to be the appropriate sentence for certain offenses designated in this chapter, notwithstanding contrary provisions of KRS Chapter 533. See Kentucky Statutes 218A.010

(2) The provisions of this section shall not apply to a defendant who is found by the court to present a flight risk or to be a danger to others.
(3) If a court determines that a defendant shall not be released pursuant to subsection (2) of this section, the court shall document the reasons for denying the release in a written order.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 6, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 19, effective June 8, 2011.