Effective Dates For most provisions: June 8, 2011 Delayed effective dates for some provisions (noted later)

Transcription

1 HB 463 PUBLIC SAFETY AND OFFENDER ACCOUNTABILITY ACT

2 Effective Dates For most provisions: June 8, 2011 Delayed effective dates for some provisions (noted later)

3 Core Concepts Increased pretrial release/preference for non-financial conditions based on risk Alternatives to incarceration Use and reporting of evidence-based practices

4 Purposes Section 4 Regulation of controlled substances is important t and necessary for public safety Successful, community-based treatment can be used as an effective tool in the effort to reduce criminal risk factors

5 Pretrial Release and Bail (Sections 19-22, 44-45, 45, 47-49) 49)

6 Presumptive Probation Any defendant charged with an offense eligible for presumptive probation shall be released ROR or on unsecured bond which may have conditions other than bail If not released court must make written finding of risk of flight or danger to others

7 Presumptive Probation Defendants charged with the following offenses are eligible for presumptive p probation: Trafficking 3 rd degree Possession of a Controlled Substance 1 st degree

8 Bail/Pretrial Release When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released

9 Assessing Risk AOC Pretrial Services uses a validated instrument that assesses risk Focuses on flight risk, danger to others Present crime not taken into consideration

10 Levels of Risk Each defendant who can be assessed and their risk level ascertained will be presented to the court as either a high, moderate or low risk

11 Low Risk Release ROR Unsecured bond Other non-financial conditions that the court may order

12 Moderate Risk ROR Unsecured Bond Conditions the court may order: Global Positioning Systems Controlled substance testing Increased supervision Other non-financial conditions

13 High Risk- Release Options Monetary Bond Conditions

14 Bail/Pretrial Release Supreme Court will establish recommended guidelines for judges ordering pretrial release and monitored conditional release for moderate and high risk defendants Judges shall consider these guidelines when setting terms of pretrial supervision i for moderate and high risk defendants

15 Bail/Pretrial Release If a monetary bond is set on misdemeanor charges, the amount of bail for all charges shall not exceed the fine and court costs for the one (1) highest misdemeanor charged

16 Bail/Pretrial Release Regardless of amount of bail set for felonies and misdemeanors, the court shall permit the defendant a credit of $100 per day for each day or portion of a day that defendant remains in jail prior to trial Upon service of sufficient days, the court shall order the defendant released Jailer responsible for tracking

17 Bail/Pretrial Release Exceptions: : Any person convicted of, pleading guilty to a felony offense under: KRS 510 (sexual offenses) KRS (human trafficking), KRS (incest) KRS (1)(a) (unlawful transaction with a minor/illegal sexual activity)

18 Bail/Pretrial Release Exceptions: Any person who is a violent offender per KRS A defendant found to be a flight risk or a danger to others Denial of bail credit must be documented d in written order

19 How Will the Bail Credit Work? Following booking, Pretrial will interview defendant to perform risk assessment PT will verify defendant s information and criminal history PT will determine defendant s eligibility for bail credit

20 How Will the Bail Credit Work? Judge will set the bail, and order jailer to release the defendant when he/she has served sufficient days in jail to satisfy the amount of bail All of this will be done on Bond Decision form which is given to the jailer and the court clerk

21 How Will the Bail Credit Work? Df Defendant cannot be released on bil bail credit until Pretrial Services verifies the defendant s d eligibility ibili for the credit and the judge approves

22 How Will the Bail Credit Work? If someone e wishes to post bail on a defendant s behalf, clerk will request the jailer verify the number of days/amount of bail credit to which a defendant is entitled

23 AOC Doc Code: NBC Rev 6 11 Page 1 of 1 Commonwealth of Kentucky Court of Justice NOTICE OF BAIL CREDIT Case # Court County COMMONWEALTH OF KENTUCKY PLAINTIFF VS. DEFENDANT TAKE NOTICE that, the above named Defendant having been incarcerated for days, is entitled to $ ($100X#ofdays)credit towards bail. I hereby certify the above is true and correct to the best of my knowledge. DATE JAIL SIGNATURE TITLE Distribution: Original Court File Copies: Pre-Trial Services, Correction Facility

24 How Will the Bail Credit Work? When defendant posts a bail or is eligible to be released, the AOC-365 Bail Bond form is completed, noting the number of days of bail credit earned

25 Deferred Prosecution and Voided 218A Convictions (Sections 12, 20-22, 22, 100)

26 Df Deferred dprosecution Applies only to first and second convictions of KRS 218A (Possession of a Controlled Substance 1 st, Class D felony) Preferred alternative for 1 st offenses

27 Deferred Prosecution AOC creates application form Commonwealth Attorney controls the terms and conditions of DP subject to court s approval If defendant successfully completes program, charges are dismissed, i d and all records shall be sealed

28 Deferred Prosecution If the defendant violates the conditions, the court may order that ordinary prosecution proceed Deferred prosecution may not exceed two (2) years

29 Voiding 218A offenses Defendants found guilty of possession of a controlled o substances s or marijuana may be assessed by Probation and Parole for a recommendation of a treatment or recovery program which may be utilized in lieu of confinement Treatment program not to exceed 1 year for possession of controlled substances and 90 days for possession of marijuana.

30 Voiding 218A Offenses Upon satisfactory completion of treatment, the court may void the conviction

31 Voiding 218A Offenses The court shall order the sealing of all records in the custody of the court and other agencies Records will be sealed subject to review to determine eligibility for future deferred prosecution or voiding

32 Listing of Sealed Cases [Section 100] The Chief Justice may authorize the AOC to develop, collect and maintain a listing of persons who have had their deferred prosecution records sealed List may be utilized by the courts and attorneys practicing in the courts to determine whether the person is eligible to participate p in deferred sentencing or treatment program imposed in lieu of sentence (voiding convictions)

33 Jail Credit for Nonpayment of Fines and Costs (Sections 86)

34 Credit for Nonpayment of Fines A defendant shall have a credit against the fines and costs for each day spent in jail at the following rates: $50 per day if no community service $100 per day if eight (8) hours of community service performed 1/8 of $100 for each hour worked

35 Credit for Nonpayment of Fines Applies only to defendants who are sentenced for failure to pay fines and costs, or for failure to appear on a contempt for failing to pay

36 Credit for Nonpayment of Fines Credit edt shall prohibit bt further collection ecto of fines or costs Jailer shall be responsible for monitoring community service and number of days to be served

37 How Will the Nonpayment Credit Work? Court sentences defendant to pay $$$ or serve until amount is satisfied Jailer tracks credits and releases defendant when amount is satisfied Jailer sends form to the circuit clerk when defendant is released, showing the amount was satisfied

38 AOC Doc Code: NJC Rev 6 11 Page 1 of 1 Commonwealth of Kentucky Court of Justice NOTICE OF JAIL CREDIT (NON PAYMENT) Case # Court County COMMONWEALTH OF KENTUCKY PLAINTIFF VS. DEFENDANT TAKE NOTICE that, the above named Defendant having been incarcerated for days as a result of Non Payment, isentitled il to $ credit towards Cost and Fines. Calculations are outlined below. No Community Service has been performed. days X $50.00 = $ Community Service has been performed. days of 8 Hours Community Service X $ = $ and/or hours of Community Service X $12.50/ hour = $ Total of Full and Partial Days = $ Grand Total of Credit $ I hereby certify the above is true and correct to the best of my knowledge. DATE JAIL SIGNATURE TITLE Distribution: Original Court File Copies: Pre-Trial Services, Correction Facility Instructions to Jailer: This form is to be completed upon Release for this case, or upon request.

39 Other Provisions (Sections 25, 49, 61, 64, 66, 97)

40 Drug Court Kentucky Supreme Court may operate drug courts in Kentucky KSC shall establish standards and provide oversight for operation for drug court programs

41 Expungement Amends dsep expungement etstat statute te (KRS ) to permit defendant to expunge misdemeanor or violation charges that were dismissed, merged or amended in the criminal action

42 Community Supervision Courts may determine e the conditions o of community supervision and may impose graduated sanctions adopted by DOC

43 Use of Evidence-Based Practices Evidence-based practices means intervention programs and supervision policies, procedures, programs and practices that scientific research demonstrates reduce instances of a defendant s failure to appear in court and criminal activity among pretrial defendants when implemented competently

44 Use of Evidence-Based Practices Supreme Court must require vendors/contractors to use evidence-based practices Must develop auditing requirements to include in contracts and eventually eliminate ineffective vendors/contractors Delayed effective date: 7/1/13

45 Annual Report to Interim Joint Committee on Judiciary Chief Justice and AOC shall submit annual report on crime reduction and recidivism i efforts, intervention programming, public safety ft outcomes and cost effectiveness [Section 64] Delayed effective date: 11/1/13