(1) No person shall be detained in jail prior to trial for any offense defined in KRS 431.060, 500.080, or 532.020 as a violation unless:
(a) He has previously failed to make a court appearance required in connection therewith; or (b) Is a fugitive from justice.
(2) This section shall not apply to the offenses listed in KRS 431.015 or 222.202.