67.372 County administration of global positioning monitoring system program -- Conditions -- Agreements between counties -- Administrative fee.
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67.372 County administration of global positioning monitoring system program --
Conditions -- Agreements between counties -- Administrative fee.
Any county or combination of counties may operate a global positioning monitoring <br>system program subject to the following conditions: <br>(1) The program shall be assigned by ordinance to a county department or county
agency that agrees to operate or supervise the program continuously, twenty-four <br>(24) hours per day, seven (7) days per week;
(2) Each county shall identify a law enforcement agency or agencies with jurisdiction in
the county to assist a petitioner, victim, or witness when a person ordered to wear a <br>monitoring device violates the provisions of the court's order and is in need of <br>assistance;
(3) A county or counties electing to contract with an entity providing a global
positioning monitoring system and devices shall meet not less than all of the <br>requirements of this section and KRS 403.761;
(4) Each county shall monitor the performance of the entity providing the global
positioning system and devices and shall have a provision in the contract with the <br>monitoring entity agreeing to the termination of the contract in the event of serious <br>or continued violations of the contract;
(5) Any system chosen shall use the most appropriate global positioning technology to
track the person ordered to wear the monitoring device and shall include technology <br>that: <br>(a) In a domestic violence case under KRS 403.715 to 403.785:
1.
Notifies law enforcement or other monitors of any breach of the court-<br>ordered boundaries;
2.
Notifies the petitioner in a timely manner of any breach; and
3.
Allows monitors to communicate directly with the person ordered to <br>wear the monitoring device; and
(b) In other situations in which monitoring is authorized by KRS 67.374, 403.762,
431.517, 431.518, 431.520, 533.030, and 533.250 the contracting county or <br>combination of counties shall, in the contract, specify the type and level of <br>global positioning monitoring system services desired;
(6) The monitoring entity shall agree to a price for monitoring during the duration of
the contract which shall not be increased but may be reduced during the duration of <br>the contract. The contract shall provide that reduced payments shall be accepted by <br>the vendor as a full payment for all purposes from persons determined to be <br>indigent by a court or other authority ordering the use of monitoring. In bidding for <br>the contract the vendor may take into account that some monitored persons will not <br>be able to pay the full cost of the monitoring or may not be able to pay any cost for <br>the monitoring. The contract shall specify that no unit of state or local government <br>and no public officer or employee shall be liable for the costs of monitoring under <br>the contract. Notwithstanding the provisions of this subsection, a county or counties <br>may agree to pay all or a part of the monitoring fee to the monitoring entity if the <br>county would have otherwise been required by a court to place a person in jail at
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county expense and the cost of the monitoring is less than the cost of placing the <br>person in jail;
(7) Agreements between counties for monitoring services may, with the approval of
their governing bodies, be consummated by a contract signed by all counties party <br>thereto or by an interlocal cooperation agreement;
(8) A county utilizing a global positioning monitoring system program may charge an
administrative fee to a person ordered to participate in a global positioning <br>monitoring program to provide for the county's cost in administering the monitoring <br>program. The fee shall be set by ordinance and shall be in addition to the fee <br>charged by the entity contracted to provide the monitoring; and
(9) KRS 403.720, 403.740, 403.741, 403.743, 403.747, 403.750, 403.761, and 403.762
shall not apply to a person ordered to participate in a global positioning monitoring <br>system under KRS 431.517, 431.518, 431.520, 533.030, and 533.250. The <br>provisions of a court order that relate to a person ordered to participate in a global <br>positioning monitoring system pursuant to KRS 431.517, 431.518, 413.520, <br>533.030, and 533.250 shall govern that person's conduct and any reporting or other <br>requirements ordered by the court.
Effective: July 15, 2010 <br>History: Created 2010 Ky. Acts ch. 170, sec. 9, effective July 15, 2010.
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