Rule RCr 4.38 – Mandatory review after twenty-four hours

May 13, 2021 | Criminal Procedure, Kentucky

If a defendant continues to be detained 24 hours from the time of the imposition of conditions of release because of inability, to meet such conditions, the court that imposed the conditions must review them on defendant’s written application or may do so on its own motion. If the court 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 court of those defendants in custody who are not released from jail after 24 hours.

Ky. R. Crim. P. RCr 4.38

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