Any person charged with an offense shall be ordered released by a court of competent jurisdiction pending trial on his personal recognizance or upon the execution of an unsecured bail bond in an amount set by the court or as fixed by the Supreme Court as provided by KRS § 431.540, unless the court determines in the exercise of its discretion that such a release will not reasonably assure the appearance of the person as required, or the court determines the person is a flight risk or a danger to others. When such a determination is made, the court shall, either in lieu of or in addition to the above methods of release, impose any of the following conditions of release:
(1) Place the person in the custody of a designated person or organization agreeing to supervise him;
(2) Place restrictions on the travel, association, or place of abode of the person during the period of release;
(3) Require the execution of a bail bond:
(a) With sufficient personal surety or sureties acceptable to the court; in determining the sufficiency of such surety or sureties, the court shall consider his character, his place of residence, his relationship with the defendant, and his financial and employment circumstances; or
(b) With the ten percent (10%) deposit as provided in KRS § 431.530; provided that if the defendant is permitted to earn credit toward bail pursuant to KRS
431.066, that credit shall be applied to the ten percent (10%) deposit; or
(c) With the deposit of cash equal to the amount of the bond or in lieu thereof acceptable security as provided in KRS § 431.535;
(4) If the person’s record indicates a history of controlled substance or alcohol abuse:
(a) Order the person to submit to periodic testing for use of controlled substances or alcohol and pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. The Administrative Office of the Courts shall establish pilot projects to implement the provisions of this subsection; or
(b) Order the person to use an alcohol monitoring device, as defined in KRS
431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant. If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of release provided for in this section;
(5) (a) During all or part of a person’s period of release pursuant to this section, order the person to participate in a global positioning monitoring system program
operated by a county pursuant to KRS § 67.372 and KRS § 67.374 under the same terms and conditions provided under KRS § 431.517.
(b) If the person is charged with a sex crime as defined in KRS § 17.500, consider requiring that he or she be monitored electronically, and shall consider requiring the person be subject to home incarceration;
(6) Impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours;
(7) A court authorizing the release of a person pursuant to this section shall cause the issuance of an appropriate order containing a statement of the conditions imposed, if any, shall cause such person to be informed of the penalties applicable to violations of the conditions of his release, and shall cause him to be informed that a warrant for his arrest will be issued immediately upon any such violation;
(8) A person for whom conditions of release are imposed and who after twenty-four (24) hours from the time of the imposition of said conditions continues to be detained as a result of his inability to meet the conditions of release shall, upon written application or upon the court’s own motion, be entitled to have the conditions reviewed by the court which imposed them. A person who is ordered released on a condition which requires that he return to custody after specified hours shall, upon written application or upon the court’s own motion, be entitled to a review by the court which imposed the condition; or
(9) If at any time following release of a defendant and before he is required to appear for trial, the court is advised of a material change in the defendant’s circumstances or that he has not complied with all conditions imposed upon his release, the court having jurisdiction may:
(a) Order the arrest of the defendant;
(b) Enter an order requiring the defendant, his surety or sureties to appear and show cause why the bail bond should not be forfeited or the conditions of his release be changed; or
(c) Both.
A copy of said order shall be served upon the defendant, his surety or sureties. If the defendant fails to appear before the court as ordered or if, after hearing, the court finds the conditions of release have not been complied with, the court may change the conditions imposed or forfeit the bail bond or any portion thereof and enter a judgment for the Commonwealth against the defendant and his surety or sureties for the amount of the bail bond or any portion thereof and cost of the proceedings.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 141, sec. 2, effective July 15, 2014. — Amended
2012 Ky. Acts ch. 156, sec. 2, effective July 12, 2012. — Amended 2010 Ky. Acts ch.
170, sec. 13, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 182, sec. 25, effective July 12, 2006. — Amended 1998 Ky. Acts ch. 606, sec. 32, effective July
15, 1998. — Created 1976 Ky. Acts ch. 2, sec. 3.