Rule RCr 4.38 – [Effective 1/1/2017] Mandatory review after twenty-four hours

May 13, 2021 | Criminal Procedure, Kentucky

If a defendant continues to be detained 24 hours without arraignment from the time of the initial imposition of conditions of release because of inability to meet such conditions, the judge that imposed the conditions must review them on defendant’s written application or may do so on his/her own motion. If the judge declines to modify them, the judge shall record in writing the reasons for that decision. It shall be the duty of the pretrial release officer to inform the judge that set the initial conditions of release of those defendants in custody who are not released from jail after 24 hours and who have not been arraigned.

Ky. R. Crim. P. RCr 4.38

Amended by eff. January 1, 2017; amended by Order 98-3, eff. 3-1-99; prior amendment eff. 9-1-81 (Order 81-5); adopted eff. 6-19-76