AN ACT relating to pretrial release.

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AN ACT relating to pretrial release. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 431.066 is amended to read as follows: 3
(1) As used in[For purposes of] this section and Section 2 of this Act:[,] 4
(a) "Enhanced scrutiny offense" means a violation of KRS 189A.010(5)(c) or 5
(d), 209.990(2), (3), or (4), 218A.1432, 507A.040, 507A.05 0, 508.020, 6
508.025, 508.030 excluding minor injury or no visible injury, 508.040(2)(a) 7
or (b), 508.050, 508.060, 508.075, 508.078, 508.100, 508.110, 508.120, 8
508.140, 508.150, 509.020, 509.040, 510.120, 510.130, 511.020, 513.030, 9
513.040, 515.020, 515.030 , 515.040, 518.090, 525.020, 527.205, 529.100, or 10
529.110; 11
(b) "Money bail" means any financial condition of release, including cash, 12
property, a percentage of cash bail, secured, unsecured, or otherwise; 13
(c) "Standard conditions" means the defendant shall: 14
1. Not commit a local, state, or federal offense; 15
2. Appear for all required court appearances; and 16
3. Avoid all contact with any alleged victim and any potential witness 17
who may testify concerning the char ge, unless or until the court 18
removes this condition; 19
(d) "Verified and eligible defendant" means a defendant who pretrial services is 20
able to interview and assess, and whose identity pretrial services is able to 21
confirm through investigation; and 22
(e) "Violent or sexual offense" means an offense that would classify a 23
defendant as a violent offender under KRS 439.3401 or an offense under 24
KRS Chapter 510, KRS 529.100 involving commercial sexual activity, or 25
KRS 530.020, 530.064(1)(a), 531.310, or 531.320. 26
(2) A verified and eligible defendant shall not be detained on money bail unless he or 27
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she meets the money bail requirements of subsection (3) of Section 2 of this Act. 1
(3) (a) Pretrial services shall use a validated pretrial risk assessment tool to 2
determine whether a verified and eligible defendant presents a low, 3
moderate, or high risk of failing to appear for required court appearances 4
or committing a criminal offense while on pretrial release pending 5
adjudication. 6
(b) The validated pretrial risk assessme nt tool shall weigh a defendant's risk of 7
failing[When a court considers pretrial release and bail for an arrested 8
defendant, the court shall consider whether the defendant constitutes a flight 9
risk, is unlikely] to appear for required court appearances[trial], or being[or 10
is likely to be] a danger to the public if released , by considering factors that 11
may include but are not limited to prior failure to appear for scheduled 12
court appearances, prior criminal history, types of offenses, and any other 13
factors determined appropriate or necessary by pretrial services [. In making 14
this determination, the court shall consider the pretrial risk assessment for a 15
verified and eligible defendant along with the factors set forth in KRS 16
431.525]. 17
(c) The validated pretria l risk assessment tool shall be regularly validated and 18
adjusted to ensure that it is predictive of pretrial outcomes and accurately 19
predicts risk across all racial groups, ethnic groups, and genders. The tool 20
shall be adjusted to ensure accuracy and to minimize disparate results. 21
(4)[(3)] (a) If a verified and eligible defendant: 22
1. Poses a low or moderate risk as determined under subsection (3) of 23
this section; 24
2. Has been charged with a violation, misdemeanor, or Class D felony; 25
3. Has not been charged with a violent or sexual offense; 26
4. Has not been charged with an enhanced scrutiny offense; and 27
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5. Has not been charged with a violation of KRS 17.510, 17.545, 17.546, 1
17.549, 119.255, 189A.010(5)(b) to (d), 209.990, 235.240 for a second 2
or subsequent of fense, 403.763, 456.120, 456.180, 507.050, 508.030 3
with minor or no visible injury, 508.070, 508.080, 508.120, 508.155, 4
509.030, 509.080, 511.085, 514.080, 520.090, 524.040, 525.120, 5
525.125, 525.130, 525.135, 525.205, 527.020, 529.020, 529.040(2), 6
529.070, 529.080, 529.090, 530.010, 530.060, 531.020, 531.030, 7
531.040, 531.050, 531.060, 531.090, 531.100, 531.335, 531.340, 8
531.350, 531.360, or 531.370; 9
the defendant shall be released on his or her own recognizance by a pretrial 10
officer, unless the defendant has been convicted of a violent or sexual 11
offense within five (5) years prior to his or her current offense, in which 12
case the pretrial officer, upon approval of his or her pretrial supervisor, 13
may refer the defendant to the court. 14
(b) If a pretrial offi cer refers a defendant to the court pursuant to paragraph 15
(a) of this subsection, the court may: 16
1. Order the defendant released on his or her own recognizance subject 17
to standard conditions; 18
2. Impose additional nonfinancial conditions as outlined in KRS 431.064 19
and 431.518 and Section 5 of this Act; or 20
3. Either on its own or by motion of the prosecutor, detain the defendant 21
until a detention hearing is held pursuant to Section 2 of this Act. 22
(5) (a) When the court is making a bail determination for [If] a verified and eligible 23
defendant, if the defendant: 24
1. Poses a low risk as determined under subsection (3) of this section; 25
2. Has been charged with a Class A, B, or C felony; and 26
3. Has not been charged with a violent or sexual offense or with an 27
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enhanced scrutiny offense;[of flight, is likely to appear for trial, and is 1
not likely to be a danger to others,] 2
the court shall order the defendant released on his or her [unsecured bond or 3
on the defendant's] own recognizance subject to standard[such other] 4
conditions[ as the court may order]. 5
(b) When the court is making a bail determination for a verified and eligible 6
defendant, if the defendant: 7
1. Poses a low risk as determined under subsection (3) of this section; 8
2. Has been charged with a Class A, B, or C felony; and 9
3. Has not been charged with a violent or sexual offense but has been 10
charged with an enhanced scrutiny offense; 11
the court shall order the defendant released on his or her own recognizance 12
subject to standard conditions and may impose additional nonfinancial 13
conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this 14
Act. 15
(c) When the court is making a bail determination for a verified and eligible 16
defendant, if the defendant: 17
1. Poses a low risk as determined under subsection (3) of this section; 18
and 19
2. Has been charged with a violent or sexual offense; 20
the court may order the defendant released on his or her own recogn izance 21
subject to standard conditions, may impose additional nonfinancial 22
conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this 23
Act, or may, either on its own or by motion of the prosecutor, detain the 24
defendant until a detention hearing is held pursuant to Section 2 of this Act. 25
(6)[(4)] (a) When the court is making a bail determination for [If] a verified and 26
eligible defendant, if the defendant: 27
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1. Poses a moderate risk as determined under subsection (3) of this 1
section; 2
2. Has been charged with a Class A, B, or C felony; and 3
3. Has not been charged with a violent or sexual offense or with an 4
enhanced scrutiny offense; [of flight, has a moderate risk of not 5
appearing for trial, or poses a moderate risk of danger to others,] 6
the court shall order[release] the defendant released on his or her own 7
recognizance subject to standard [under the same] conditions[ as in 8
subsection (3) of this section] and may impose additional non financial 9
conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this Act 10
[but shall consider ordering the defendant to participate in global positioning 11
system monitoring, controlled substance testing, increased supervision, or 12
such other conditions as the court may order]. 13
(b) When the court is making a bail determination for a verified and eligible 14
defendant, if the defendant: 15
1. Poses a moderate risk as determined under subsection (3) of this 16
section; 17
2. Has been charged with a Class A, B, or C felony; and 18
3. Has not been charged with a violent or sexual offense but has been 19
charged with an enhanced scrutiny offense; 20
the court may order the defendant released on his or her own recognizance 21
subject to standard conditions, may impose addition al nonfinancial 22
conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this 23
Act, or may, either on its own or by motion of the prosecutor, detain the 24
defendant until a detention hearing is held pursuant to Section 2 of this Act. 25
(c) When the co urt is making a bail determination for a verified and eligible 26
defendant, if the defendant: 27
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1. Poses a moderate risk as determined under subsection (3) of this 1
section; and 2
2. Has been charged with a violent or sexual offense; 3
the court shall detain the defendant until a detention hearing is held 4
pursuant to Section 2 of this Act. 5
(7)[(5)] (a) When the court is making a bail determination for a verified and 6
eligible defendant, if the defendant: 7
1. Poses a high risk as determined under subsection (3) of this section; 8
2. Has been charged with a violation, misdemeanor, or Class D felony; 9
and 10
3. Has not been charged with a violent or sexual offense or with an 11
enhanced scrutiny offense; 12
the court shall order the defendant released on his or her own recognizance 13
subject to standard conditions and may impose additional nonfinancial 14
conditions as out lined in KRS 431.064 and 431.518 and Section 5 of this 15
Act. 16
(b) When the court is making a bail determination for a verified and eligible 17
defendant, if the defendant: 18
1. Poses a high risk as determined under subsection (3) of this section; 19
2. Has been charged with a Class A, B, or C felony; and 20
3. Has not been charged with a violent or sexual offense or with an 21
enhanced scrutiny offense; 22
the court may order the defendant released on his or her own recognizance 23
subject to standard conditions, may impose ad ditional nonfinancial 24
conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this 25
Act, or may, either on its own or by motion of the prosecutor, detain the 26
defendant until a detention hearing is held pursuant to Section 2 of this Act. 27
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(c) When the court is making a bail determination for a verified and eligible 1
defendant, if the defendant: 2
1. Poses a high risk as determined under subsection (3) of this section; 3
and 4
2. Has been charged with a violent or sexual offense or with an 5
enhanced scrutiny offense; 6
the court shall detain the defendant until a detention hearing is held 7
pursuant to Section 2 of this Act. 8
(8) If a verified and eligible defendant has been charged with a felony offense under 9
KRS Chapter 218A: 10
(a) In addition to any conditions o utlined in paragraph (b) of this subsection, 11
the defendant may be subject to any substance abuse screening or treatment 12
recommended by pretrial services as ordered by the court; 13
(b) Pretrial services shall perform substance abuse screenings and may refer 14
the defendant for substance abuse treatment; and 15
(c) A defendant's refusal to participate in the screening shall not disqualify the 16
defendant from being granted pretrial release. 17
(9) The Supreme Court may make any procedural rules necessary to implement th is 18
section[(a) Except as provided in paragraph (b) of this subsection, regardless of the 19
amount of the bail set, the court shall permit the defendant a credit of one hundred 20
dollars ($100) per day as a payment toward the amount of the bail set for each day 21
or portion of a day that the defendant remains in jail prior to trial. Upon the service 22
of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant 23
shall be released from jail on the conditions specified in this section or in t his 24
chapter. 25
(b) The provisions of paragraph (a) of this subsection shall not apply to: 26
1. Any person convicted of, pleading guilty to, or entering an Alford plea 27
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to a felony offense under KRS Chapter 510, KRS 529.100 involving 1
commercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or 2
531.320, or who is a violent offender as defined in KRS 439.3401; or 3
2. A defendant who is found by the court to present a flight risk or to be a 4
danger to others. 5
(c) For purposes of this subsection, "a day or porti on of a day" means any time 6
spent in a detention facility following booking. 7
(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection 8
while also earning credit pursuant to KRS 534.070. 9
(6) If a court determines that a defendant sh all not be released pursuant to subsection 10
(5) of this section, the court shall document the reasons for denying the release in a 11
written order. 12
(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant 13
to subsection (5) of this section]. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) A detention hearing shall be held within five (5) days of a verified and eligible 17
defendant being detained pursuant to Section 1 of this Act. The detention hearing 18
may be held at arraignment. 19
(2) (a) At the detention hearing, if the defendant poses: 20
1. A low or moderate risk and was detained pursuant to Section 1 of this 21
Act; or 22
2. A high risk and was detained pursuant to Section 1 of this Act but is 23
not eligible for money bail pursuant to subsection (3) of this section; 24
the court shall determine whethe r any nonfinancial condition, or 25
combination of conditions, outlined in KRS 431.064 and 431.518 and 26
Section 5 of this Act will reasonably ensure the appearance of the defendant 27
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for required court appearances and the safety of the public. 1
(b) The court shall, in determining whether there are conditions of release that 2
will reasonably ensure the appearance of the defendant for required court 3
appearances and the safety of the public, consider the following: 4
1. Whether the offense involves violence, obstruction of public 5
administration under KRS Chapter 519, or interference with judicial 6
administration under KRS Chapter 524; and 7
2. The history and characteristics of the defendant, including: 8
a. The defendant’s character, physical and mental condition, 9
family ties, employment, financial resources, length of residence 10
in the community, community ties, past conduct, history relating 11
to drug or alcohol abuse, criminal history, and record 12
concerning appearance at court proceedings; 13
b. Whether, at the time of the curre nt offense or arrest, the 14
defendant was on probation, on parole, on supervised release, or 15
on other release pending trial, sentencing, appeal, or completion 16
of sentence for an offense under local, state, or federal law; and 17
c. The nature and seriousness of the danger to any person or the 18
community that would be posed by the defendant’s release. 19
(c) There shall be a rebuttable presumption that no condition or combination of 20
conditions of release will reasonably ensure the safety of the public if the 21
court finds by probable cause that the defendant committed: 22
1. A violent or sexual offense while armed with a deadly weapon or 23
dangerous instrument; 24
2. A violent or sexual offense and has previously been convicted of a 25
violent or sexual offense which was committe d while on release 26
pending trial for a local, state, or federal offense; 27
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3. A violent or sexual offense while on release pending trial for a local, 1
state, or federal offense; 2
4. Two (2) or more violent or sexual offenses in separate incidents that 3
are joined in the case before the court; or 4
5. A violent or sexual offense in which the victim sustained a physical 5
injury. 6
(d) After considering the information outlined in paragraph (b) of this 7
subsection and the existence, if any, of a rebuttable presumption un der 8
paragraph (c) of this subsection, if the court finds by clear and convincing 9
evidence that no condition, or combination of conditions, outlined in KRS 10
431.064 and 431.518 and Section 5 of this Act will reasonably ensure the 11
appearance of the defendant for required court appearances and the safety 12
of the public, the court shall order the defendant detained before trial. If the 13
court orders the defendant detained before trial, the court shall make 14
written findings of fact and a written statement for the r easons for the 15
detention. 16
(3) (a) At the detention hearing, if the defendant: 17
1. Poses a high risk and was detained pursuant to Section 1 of this Act; 18
2. Poses a risk of failing to appear for required court appearances; 19
3. Does not pose a danger to the public if released; and 20
4. Has not been charged with a violent or sexual offense; 21
the court may impose money bail in addition to any conditions outlined in 22
KRS 431.064 and 431.518 and Section 5 of this Act for the sole purpose of 23
reasonably ensuring the ap pearance of the defendant for required court 24
appearances. The court shall not impose money bail to ensure the 25
protection or the safety of the community, to ensure that the defendant will 26
not obstruct or attempt to obstruct the criminal justice process, or for the 27
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purpose of preventing the release of the defendant. If imposed, the amount 1
of money bail shall be set in accordance with Section 6 of this Act. 2
(b) In considering whether to impose money bail under paragraph (a) of this 3
subsection, the court may up on its own motion, or shall upon the motion of 4
the Commonwealth, conduct an inquiry into the source of the property to be 5
designated for potential forfeiture or offered as collateral to secure a bond, 6
and shall decline to accept the designation or the use as collateral of 7
property that, because of its source, will not reasonably ensure the 8
appearance of the defendant at required court appearances. 9
(4) At the detention hearing, the defendant shall: 10
(a) Have the right to be represented by counsel and, if fina ncially unable to 11
obtain adequate representation, to have counsel appointed; and 12
(b) Be afforded an opportunity to testify. However, the defendant's testimony 13
shall not be admissible on the issue of guilt in any other judicial 14
proceedings, except: 15
1. Proceedings under KRS 520.070 and 520.080; 16
2. In revocation hearings; 17
3. In perjury proceedings; and 18
4. For the purpose of impeachment in any subsequent proceedings. 19
(5) After the court has determined pursuant to this section to either detain or release 20
a verified and eligible defendant prior to trial, the determination may be reviewed 21
at any time before trial by the court either upon its own motion or upon motion of 22
either party if: 23
(a) The court finds that information exists that was not known to the movant at 24
the time of the determination and that has a material bearing on the issue of 25
whether there are conditions of release that will reasonably ensure the 26
appearance of the defendant for required court appearances or the safety of 27
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the public; or 1
(b) Based on the Commonwealth's motion, the court finds probable cause that 2
the defendant has faile d to comply with the conditions of release. The court 3
may either summon the defendant to appear at a hearing or issue a warrant 4
for the defendant's arrest. If a defendant is arrested pursuant to this 5
paragraph, a detention hearing shall be held within five (5) days of arrest. 6
(6) This section shall not be construed as modifying or limiting the verified and 7
eligible defendant's presumption of innocence. 8
Section 3. KRS 27A.360 is amended to read as follows: 9
The court dispo sition level of the system shall consist of at least the following 10
information as relates to bond and pretrial release: 11
(1) Whether or not the defendant was released on bail or pretrial release; 12
(2) If the defendant is released on money bail under Section 2 of this Act: 13
(a) The amount of the bail; 14
(b) Whether the bail was cash, property, a percentage of cash bail, secured, 15
unsecured, or otherwise; 16
(c) Whether the conditions of bail were satisfied; and 17
(d) Whether or not the bail was returned, forfeited, credited to the public advocate 18
or otherwise; and 19
(3) If released on any other form of pretrial release: 20
(a) Whether or not released on own recognizance; 21
(b) Whether release was upon conditions, if so what conditions; and 22
(c) Whether the conditions of release were satisfied. 23
Section 4. KRS 222.204 is amended to read as follows: 24
(1) A person who has been arrested and placed in jail prior to trial for violation of KRS 25
222.202 and has not had two (2) prior convict ions in the previous twelve (12) 26
months for violation of KRS 222.202 shall be released [ as set forth by the Supreme 27
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Court Rule of Criminal Procedure uniform schedule of bail]: 1
(a) To an adult who is willing to accept responsibility for the defendant throug h a 2
signature verification on a form determined by the Administrative Office of 3
the Courts; 4
(b) If eligible for money bail under Section 2 of this Act, upon payment of [he 5
pays] the requisite amount of bail on a bail schedule issued by the court; 6
(c) At such time as he or she is able to safely care for himself or herself, but in 7
no event shall he or she be detained for more than eight (8) hours following 8
his or her arrest; 9
(d) If he or she is ordered released by a court of competent jurisdiction; or 10
(e) Unless the[such] person's release is precluded by other provisions of law. 11
(2) The jail or facility authorized by county or city ordinance agreeing to care for the 12
person releasing the defen dant shall be considered as acting in good faith and shall 13
not be liable for subsequent acts of the defendant upon release. 14
Section 5. KRS 431.520 is amended to read as follows: 15
Except as provided in Sections 1 and 2 of this Act, any person charged with an offense 16
shall be ordered released by a court of competent jurisdiction pending trial on his or her 17
personal recognizance , and [ or upon the execution of an unsecured bail bond in an 18
amount set by the court or as fixed by the Supreme Court as provided by KRS 431.540, 19
unless the court determines in the exercise of its discretion that such a release will not 20
reasonably assure the appearance of the person as required, or the court determines the 21
person is a flight risk or a d anger to others. When such a determination is made,] the 22
court may[shall, either in lieu of or in addition to the above methods of release,] impose 23
any of the following conditions of release: 24
(1) Place the person in the custody of a designated person or or ganization agreeing to 25
supervise him or her; 26
(2) Place restrictions on the travel, association, or place of abode of the person during 27
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the period of release; 1
(3) For those eligible for money bail under Section 2 of this Act, require the execution 2
of a bail bond: 3
(a) With sufficient personal surety or sureties acceptable to the court; in 4
determining the sufficiency of such surety or sureties, the court shall consider 5
his or her character,[ his] place of residence, [ his] relationship with the 6
defendant, and[ his] financial and employment circumstances;[ or] 7
(b) With the ten percent (10%) deposit as provided in KRS 431.530; [provided 8
that if the defendant is permitted to earn credit toward bail pursuant to KRS 9
431.066, that credit shall be applied to the ten percent (10%) deposit; ]or 10
(c) With the deposit of cash equal to the amount of the bond or in lieu thereof 11
acceptable security as provided in KRS 431.535; 12
(4) If the person's record indicates a history of controlled substance or alcohol abuse: 13
(a) Order the person to submit to periodic testing for use of controlled substances 14
or alcohol and pay a reasonable fee, not to exceed the actual cost of the test 15
and analysis, as determined by the court with the fee to be collected by the 16
circuit clerk, held in an agen cy account, and disbursed, on court order, solely 17
to the agency or agencies responsible for testing and analysis as compensation 18
for the cost of the testing and analysis performed under this subsection. If the 19
person is declared indigent, the testing fee m ay be waived by the court. The 20
Administrative Office of the Courts shall establish pilot projects to implement 21
the provisions of this subsection; or 22
(b) Order the person to use an alcohol monitoring device, as defined in KRS 23
431.068. All costs associated w ith the device, including administrative and 24
operating costs, shall be paid by the defendant. If the court determines that the 25
defendant is indigent, and a person, county, or other organization has not 26
agreed to pay the costs for the defendant in an attemp t to reduce incarceration 27
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expenses and increase public safety, the court shall consider other conditions 1
of release provided for in this section; 2
(5) (a) During all or part of a person's period of release pursuant to this section, order 3
the person to parti cipate in a global positioning monitoring system program 4
operated by a county pursuant to KRS 67.372 and 67.374 under the same 5
terms and conditions provided under KRS 431.517. 6
(b) If the person is charged with a sex crime as defined in KRS 17.500, consider 7
requiring that he or she be monitored electronically, and shall consider 8
requiring the person be subject to home incarceration; 9
(6) Impose any nonfinancial conditions[other condition] deemed reasonably necessary 10
to ensure[assure] appearance as required, including a condition requiring that the 11
person return to custody after specified hours; 12
(7) A court authorizing the release of a person pursuant to this section shall: 13
(a) Issue[cause the issuance of] an appropriate order containing a statement of the 14
conditions imposed, if any; and[, shall cause such person to be informed] 15
(b) Inform the person of the penalties applicable to violations of the conditions 16
of his or her release[,] and[ shall cause him to be informed] that a warrant for 17
his or her arrest will be issued immediately upon any such violation; 18
(8) A person for whom conditions of release are imposed and who after twenty -four 19
(24) hours from the time of the imposition of the[said] conditions continues to be 20
detained as a resu lt of his or her inability to meet the conditions of release shall, 21
upon written application or upon the court's own motion, be entitled to have the 22
conditions reviewed by the court which imposed them. A person who is ordered 23
released on a condition which requires that he or she return to custody after 24
specified hours shall, upon written application or upon the court's own motion, be 25
entitled to a review by the court which imposed the condition; or 26
(9) If at any time following release of a defendant and bef ore he or she is required to 27
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appear for trial, the court is advised of a material change in the defendant's 1
circumstances or that he or she has not complied with all conditions imposed upon 2
his or her release, the court having jurisdiction may: 3
(a) Order the arrest of the defendant; 4
(b) Enter an order requiring the defendant and[,] his or her surety or sureties to 5
appear and show cause why the bail bond should not be forfeited or the 6
conditions of the defendant's[his] release be changed; or 7
(c) Both. 8
A cop y of the[said] order shall be served upon the defendant and[,] his or her 9
surety or sureties. If the defendant fails to appear before the court as ordered or if, 10
after hearing, the court finds the conditions of release have not been complied with, 11
the court may change the conditions imposed or forfeit the bail bond or any portion 12
thereof and enter a judgment for the Commonwealth against the defendant and his 13
or her surety or sureties for the amount of the bail bond or any portion thereof and 14
cost of the proceedings. 15
Section 6. KRS 431.525 is amended to read as follows: 16
(1) For those eligible for money bail under Section 2 of this Act, the amount of the 17
bail shall be: 18
(a) Sufficient to ensure[insure] compliance with the conditions of release set by 19
the court; 20
(b) Not oppressive; 21
(c) Commensurate with the nature of the offense charged; 22
(d) Considerate of the past criminal acts and the reasonably anticipated conduct 23
of the defendant if released; and 24
(e) Considerate of the financial ability of the defendant. 25
(2) When a person is eligible for money bail under Section 2 of this Act and is 26
charged with an offense punishable by fine only, the amount of the bail bond set 27
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shall not exceed the amount of the maximum penalty and costs. 1
(3) When a person is eligible for money bail under Section 2 of this Act and has been 2
convicted of an offense an d only a fine has been imposed, the amount of the bail 3
shall not exceed the amount of the fine. 4
(4) When a person is eligible for money bail under Section 2 of this Act and has been 5
charged with one (1) or more misdemeanors, the amount of the bail for all charges 6
shall be encompassed by a single amount of bail that shall not exceed the amount of 7
the fine and court costs for the one (1) highest misdemeanor charged. This 8
subsection shall apply only to misdemeanor offenses not involving physical injury 9
or sexual contact. 10
(5) When a person is eligible for money bail under Section 2 of this Act and has been 11
convicted of a misdemeanor offense and a sentence of jail, probation, conditional 12
discharge, or sentence other than a fine only has been imposed, the amount o f bail 13
for release on appeal shall not exceed double the amount of the maximum fine that 14
could have been imposed for the one (1) highest misdemeanor offense for which the 15
person was convicted. This subsection shall apply only to misdemeanors not 16
involving physical injury or sexual contact. 17
(6) [The provisions of this section shall not apply to a defendant who is found by the 18
court to present a flight risk or to be a danger to others. 19
(7) If a court determines that a defendant shall not be released pursuant to subsection 20
(6) of this section, the court shall document the reasons for denying the release in a 21
written order. 22
(8) ]The Administrative Office of the Courts shall establish pilot projects to implement 23
controlled substance or alcohol abuse testing as sp ecified under this subsection. If 24
the person's record indicates a history of controlled substance or alcohol abuse, the 25
court may order the person to submit to periodic testing for use of controlled 26
substances or alcohol and to pay a reasonable fee, not to exceed the actual cost of 27
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the test and analysis, as determined by the court, with the fee to be collected by the 1
circuit clerk, held in an agency account, and disbursed, on court order, solely to the 2
agency or agencies responsible for testing and analysis as compensation for the cost 3
of the testing and analysis performed under this subsection. If the person is declared 4
indigent, the testing fee may be waived by the court. If the court finds the 5
conditions of release have not been complied with, the court m ay change the 6
conditions imposed or forfeit the bail bond or any portion thereof and enter a 7
judgment for the Commonwealth against the person and his or her surety or 8
sureties for the amount of the bail bond or any portion thereof and the cost of the 9
proceedings. 10
Section 7. KRS 431.530 is amended to read as follows: 11
(1) Any person who has been permitted to execute a bail bond in accordance with KRS 12
431.520(3)(b) shall deposit with the clerk of the court before which the a ction is 13
pending a sum of money equal to ten percent (10%) of the bail, but in no event shall 14
such deposit be less than ten dollars ($10) [ unless the defendant earned full credit 15
toward the applicable amount of bail pursuant to KRS 431.066, in which case t he 16
defendant shall not be required to make a deposit with the clerk of the court]. 17
(2) Upon making the deposit required under subsection (1) of this section, [depositing 18
said sum] the defendant shall be released from custody subject to all conditions of 19
release imposed by the court. 20
(3) Except as provided in subsection (5) of this section, if the conditions of release have 21
been performed and the defendant has been discharged from all obligations in the 22
action, the clerk of the court shall return to the defen dant, unless the court orders 23
otherwise, ninety percent (90%) of the sum deposited and shall retain as bail costs 24
ten percent (10%) of the amount deposited; provided, however, in no event shall the 25
amount retained by the clerk as bail costs be less than fi ve dollars ($5). [It is further 26
provided that ] The court shall order the clerk of court to pay into the public 27
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advocate special account any amount of the sum deposited by the defendant, in 1
excess of bail costs, which in its sound discretion represents a re asonable fee for 2
any public advocate legal or investigative services provided for the defendant under 3
KRS Chapter 31, but in no event shall the amount [so ]paid to the public advocate 4
special account as public advocate legal and investigative fees be less than five 5
dollars ($5) per case. At the request of the defendant the court may order the 6
amount repayable to defendant from the[such] deposit to be paid to defendant's 7
attorney of record. 8
(4) Except as provided in subsection (5) of this section, if a final judgment for a fine 9
and court costs or either is entered in the prosecution of an action in which a deposit 10
has been made in accordance with subsection (1) of this section, the balance of 11
the[such] deposit, after deduction of bail costs and public advocat e fees as provided 12
for in subsection (3) of this section, shall be applied to the satisfaction of the 13
judgment. 14
(5) If the defendant has performed all conditions of release and if the defendant is 15
found not guilty of the offense for which bail was posted, or if all charges against 16
him or her relating to the offense for which bail was posted are dropped or 17
dismissed, then all bail money deposited by the defendant or by another person on 18
his or her behalf shall be returned to him or her with no deductions [therefrom ]as 19
provided in subsection (3) or (4) of this section. 20
Section 8. KRS 431.540 is amended to read as follows: 21
(1) The Supreme Court may by rule or order prescribe a uniform schedule of amounts 22
of bail in designated nonviolent Class D felonies, misdemeanors, and violations for 23
defendants eligible for money bail under Section 2 of this Act.[;] 24
(2)[(1)] Except as provided in subsection (3)[(2)] of this section, when the amount of 25
bail is fixed by the[such] rule or ord er of the Supreme Court for a particular 26
offense, the clerk of the court or other public officers [so ]authorized by the court's 27
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order shall accept cash bail in the prescribed amount or the deposit authorized by 1
KRS 431.530 and release the defendant to appear in accordance with the conditions 2
of the bail bond. A receipt shall be delivered to the defendant f or the bail so taken 3
and within a reasonable time the[such] bail shall be deposited with the clerk of the 4
court having jurisdiction of the offense. 5
(3)[(2)] A court may, in the exercise of its reasonable discretion, refuse to set bail in 6
the amount prescri bed by the[such] rule or order of the Supreme Court, but, in so 7
doing, the court must set forth in writing its reasons for the[such] refusal. 8
Section 9. KRS 452.260 is amended to read as follows: 9
If the defendant is in c ustody, the order for the change of venue shall be accompanied by 10
an order for his or her removal by the sheriff or jailer of the county in which he or she is 11
held, with such sufficient guard as the court directs, and for his or her delivery to the 12
jailer of the county where the trial is to be held. If the defendant is under recognizance or 13
bond for his or her appearance, he or she shall be ordered to appear before [, before the 14
order is granted, give sufficient bail for his appearance at] the proper court [, or be 15
surrendered into the custody of the proper officer]. 16
Section 10. KRS 431.510 is amended to read as follows: 17
(1) As used in this section: 18
(a) 1. "Bail bondsman" means any person, partnership, or corporation engaged 19
for profit in the business of: 20
a. Furnishing bail, making bonds, or entering into undertakings, as 21
surety, for the appearance of persons charged with any criminal 22
offense or violation of law or ordinance punishable by fine, 23
imprisonment, or death, before any of the courts of this state; or 24
b. Securing the payment of fines imposed and of costs assessed by 25
those courts upon final disposition[ thereof]. 26
2. The business of a bail bondsman is limited to the acts, transactions, and 27
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undertakings described in this paragraph[ and to no other]; and 1
(b) "Charitable bail organization" means an organization, including but not 2
limited to an organization exempt under Section 501(c)(3) of the Internal 3
Revenue Code, that solicits or accepts donations from the public for the 4
purpose of: 5
1. Furnishing bail, making bonds, or entering into undertakings, as surety, 6
whether through direct payment or by payment through a third party, for 7
the appearance of persons charged with any criminal offense or violation 8
of law or ordinance punishable by fine, imprisonment, or death before 9
any of the courts of this state; or 10
2. Securing the payment of fines imposed and of costs assessed by any of 11
the courts of this state upon final disposition[ thereof]. 12
(2) It shall be unlawful for any person to engage in the business of bail bondsman or to 13
otherwise for compensation or other consideration: 14
(a) Furnish bail or funds or property to serve as bail; or 15
(b) Make bonds or enter into undertakings as surety; 16
for the appearance of persons charged with any criminal offense or violation of law 17
or ordinance punishable by fine, imprisonment, or death, before any of the courts of 18
this state, or to secure the payment of fines imposed and of costs assessed by such 19
courts upon a final disposition. 20
(3) It shall be unlawful for any charitable bail organization to: 21
(a) Furnish bail or funds or property to serve as bail in an amount of five 22
thousand dollars ($5,000) or more; or 23
(b) Make bonds or e nter into undertakings as surety in an amount of five 24
thousand dollars ($5,000) or more; 25
for the appearance of persons charged with any criminal offense or violation of law 26
or ordinance punishable by fine or imprisonment before any of the courts of this 27
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state, or to secure the payment of fines imposed and of costs assessed by those 1
courts upon a final disposition. 2
(4) Notwithstanding subsection (3) of this section, it shall be unlawful for any 3
charitable bail organization to furnish bail or funds or property to serve as bail, or to 4
make bonds or enter into undertakings as surety, regardless of amount, for any 5
person: 6
(a) Alleged to have committed an offense: 7
1. Of domestic violence and abuse as defined in KRS 403.720; 8
2. Of dating violence and abuse as defined in KRS 456.010; or 9
3. That would classify the person as a violent offender under KRS 10
439.3401; 11
(b) Held under a civil court order or warrant issued under KRS 222.430 to 12
222.437; or 13
(c) Who has previously received bail or funds or property to serve as b ail from a 14
charitable bail organization. 15
(5) Any person who posts bail or bond on behalf of any organization under this section 16
shall provide [a ]photo identification. 17
(6) A charitable bail organization shall maintain and annually report the following 18
information to the Legislative Research Commission for referral to the Interim Joint 19
Committee on Judiciary no later than October 31 of each year, and shall make 20
publicly available on the organization's website, or by publishing in a newspaper of 21
general circu lation that complies with the requirements of KRS 424.120 if the 22
organization does not maintain a website: 23
(a) The expenditures of the organization, including a separate reporting of the 24
amount furnished for bail, or funds or property to serve as bail; and 25
(b) The number of individuals and classification of offenses for those individuals 26
for which any bail, or funds or property to serve as bail, has been provided. 27
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(7) Any bond posted by a charitable organization under this section that is ordered 1
forfeited as a result of the commission of a new criminal offense shall be distributed 2
to the victim of the new criminal offense, if a victim is identified. 3
(8) Nothing contained in this section shall serve to release any bail bondsman 4
previously licensed by this state from the obligation of undischarged bail bond 5
liability existing on June 19, 1976. 6
(9) KRS 431.510 to 431.5 50 shall not be construed to [ limit or repeal KRS 431.021 or 7
to] prevent licensed insurers providing security required by Subtitle 39 of KRS 8
Chapter 304 and nonprofit associations from posting or causing to be posted by 9
licensed insurers security or acting as surety for their insureds or members for an 10
offense arising from the operation of a motor vehicle, provided that the[such] 11
posting of security or acting as surety is merely incidental to the terms and 12
conditions of an insurance contract or a membership agreement and [provided 13
further ] that no separate premium or charge for that service [therefor] is required 14
from the insureds or members. 15
Section 11. The following KRS section is repealed: 16
431.021 Guaranteed arrest bond certificate of surety company to be accepted in lieu of 17
cash bail in traffic cases. 18