67.374 County global positioning monitoring system program -- Request for and acceptance of public bids -- Monitoring of successful bidder -- Other uses of program permitted -- Confidentiality of syst
<br><br> <br>Page 1 of 2 <br>67.374 County global positioning monitoring system program -- Request for and <br>acceptance of public bids -- Monitoring of successful bidder -- Other uses of <br>program permitted -- Confidentiality of system information. <br>(1) "Global positioning monitoring system" has the same meaning as in KRS 403.720. <br>(2) A county or combination of counties electing to participate in a global positioning <br>monitoring system program shall, by ordinance, set other requirements for global <br>positioning monitoring system devices and for the operation of the global <br>positioning monitoring system which shall include, at a minimum, the requirements <br>contained in KRS 403.715 to 403.785 and the provisions of this section and KRS <br>67.372. <br>(3) A county or combination of counties electing to participate in a global positioning <br>monitoring system program shall, through a public bid process, select an entity or <br>entities to provide the best available technology with regard to global positioning <br>monitoring system devices that meet the requirements of this section and KRS <br>67.372, 403.720, 403.747, 403.750, and 403.761 and a system that meets those <br>same requirements, including but not limited to the acceptance of reduced fees for <br>petitioners and indigent persons ordered to wear a monitoring device. <br>(4) A person, county, or combination of counties electing to participate in a global <br>positioning monitoring system program shall continuously monitor the performance <br>of successful bidders, receive complaints regarding service, and conduct hearings <br>pursuant to KRS Chapter 13B which may result in penalties as set out in the <br>contract against an entity providing global positioning monitoring system services <br>or which may result in cancellation of the contract with the provider of the service, <br>or both. The provisions of this subsection shall be part of any bid offering and any <br>contract entered into between the county or combination of counties and an entity <br>providing global positioning monitoring system services. <br>(5) A county or combination of counties electing to operate a global positioning <br>monitoring system program may utilize that program for: <br>(a) Monitoring a domestic violence respondent and petitioner pursuant to KRS <br>403.715 to 403.785; <br>(b) Monitoring the pretrial release of a person charged with a crime pursuant to <br>KRS 431.515 to 431.550; <br>(c) Monitoring a person assigned to a pretrial diversion program pursuant to KRS <br>533.250 to 533.262; and <br>(d) Monitoring a person granted probation or conditional discharge pursuant to <br>KRS Chapter 533. <br>(6) Information obtained by a global positioning monitoring system shall not be a <br>public record. <br>(7) Information obtained by a global positioning monitoring system shall be used only <br>for the purpose of verifying the location of the monitored person. Global positioning <br>monitoring system information obtained from persons subject to monitoring <br>pursuant to KRS 403.715 to 403.785 shall not be utilized for any criminal <br>investigation, prosecution, or other criminal justice related purpose without a valid <br><br> <br>Page 2 of 2 <br>search warrant or order issued by a court of competent jurisdiction. Information <br>obtained in violation of this subsection or without a valid search warrant or court <br>order shall be inadmissible in court for any purpose. <br>(8) Any person or organization who knowingly or wantonly divulges global positioning <br>monitoring system information about any person in violation of subsection (6) or <br>(7) of this section shall be guilty of a Class A misdemeanor. <br>Effective: July 15, 2010 <br>History: Created 2010 Ky. Acts ch. 170, sec. 10, effective July 15, 2010. <br><br>