HB 327

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1AN ACT relating to pretrial release.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 431.066 is amended to read as follows:
4 (1)    As used in[For purposes of] this section and Section 2 of this Act:[,]
5(a)    "Enhanced scrutiny offense" means a violation of KRS 189A.010(5)(c) or
6(d), 209.990(2), (3), or (4), 218A.1432, 507A.040, 507A.050, 508.020,
7508.025, 508.030 excluding minor injury or no visible injury, 508.040(2)(a)
8or (b), 508.050, 508.060, 508.075, 508.078, 508.100, 508.110, 508.120,
9508.140, 508.150, 509.020, 509.040, 510.120, 510.130, 511.020, 513.030,
10513.040, 515.020, 515.030, 515.040, 518.090, 525.020, 527.205, 529.100, or
11529.110;
12(b)    "Money bail" means any financial condition of release, including cash,
13property, a percentage of cash bail, secured, unsecured, or otherwise;
14(c)    "Standard conditions" means the defendant shall:
151.      Not commit a local, state, or federal offense;
162.      Appear for all required court appearances; and
173.      Avoid all contact with any alleged victim and any potential witness
18who may testify concerning the charge, unless or until the court
19removes this condition;
20(d)    "Verified and eligible defendant" means a defendant who pretrial services is
21able to interview and assess, and whose identity pretrial services is able to
22confirm through investigation; and
23(e)    "Violent or sexual offense" means an offense that would classify a
24defendant as a violent offender under KRS 439.3401 or an offense under
25KRS Chapter 510, KRS 529.100 involving commercial sexual activity, or
26KRS 530.020, 530.064(1)(a), 531.310, or 531.320.
27 (2)    A verified and eligible defendant shall not be detained on money bail unless he or
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1she meets the money bail requirements of subsection (3) of Section 2 of this Act.
2 (3)    (a)    Pretrial services shall use a validated pretrial risk assessment tool to
3determine whether a verified and eligible defendant presents a low,
4moderate, or high risk of failing to appear for required court appearances
5or committing a criminal offense while on pretrial release pending
6adjudication.
7(b)    The validated pretrial risk assessment tool shall weigh a defendant's risk of
8failing[When a court considers pretrial release and bail for an arrested
9defendant, the court shall consider whether the defendant constitutes a flight
10risk, is unlikely] to appear for required court appearances[trial], or being[or
11is likely to be] a danger to the public if released, by considering factors that
12may include but are not limited to prior failure to appear for scheduled
13court appearances, prior criminal history, types of offenses, and any other
14factors determined appropriate or necessary by pretrial services[. In making
15this determination, the court shall consider the pretrial risk assessment for a
16verified and eligible defendant along with the factors set forth in KRS
17431.525].
18(c)    The validated pretrial risk assessment tool shall be regularly validated and
19adjusted to ensure that it is predictive of pretrial outcomes and accurately
20predicts risk across all racial groups, ethnic groups, and genders. The tool
21shall be adjusted to ensure accuracy and to minimize disparate results.
22 (4)[(3)]      (a)     If a verified and eligible defendant:
231.      Poses a low or moderate risk as determined under subsection (3) of
24this section;
252.      Has been charged with a violation, misdemeanor, or Class D felony;
263.      Has not been charged with a violent or sexual offense;
274.      Has not been charged with an enhanced scrutiny offense; and
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15.      Has not been charged with a violation of KRS 17.510, 17.545, 17.546,
217.549, 119.255, 189A.010(5)(b) to (d), 209.990, 235.240 for a second
3or subsequent offense, 403.763, 456.120, 456.180, 507.050, 508.030
4with minor or no visible injury, 508.070, 508.080, 508.120, 508.155,
5509.030, 509.080, 511.085, 514.080, 520.090, 524.040, 525.120,
6525.125, 525.130, 525.135, 525.205, 527.020, 529.020, 529.040(2),
7529.070, 529.080, 529.090, 530.010, 530.060, 531.020, 531.030,
8531.040, 531.050, 531.060, 531.090, 531.100, 531.335, 531.340,
9531.350, 531.360, or 531.370;
10the defendant shall be released on his or her own recognizance by a pretrial
11officer, unless the defendant has been convicted of a violent or sexual
12offense within five (5) years prior to his or her current offense, in which
13case the pretrial officer, upon approval of his or her pretrial supervisor,
14may refer the defendant to the court.
15(b)    If a pretrial officer refers a defendant to the court pursuant to paragraph
16(a) of this subsection, the court may:
171.      Order the defendant released on his or her own recognizance subject
18to standard conditions;
192.      Impose additional nonfinancial conditions as outlined in KRS 431.064
20and 431.518 and Section 5 of this Act; or
213.      Either on its own or by motion of the prosecutor, detain the defendant
22until a detention hearing is held pursuant to Section 2 of this Act.
23 (5)    (a)    When the court is making a bail determination for[If] a verified and eligible
24defendant, if the defendant:
251.      Poses a low risk as determined under subsection (3) of this section;
262.      Has been charged with a Class A, B, or C felony; and
273.      Has not been charged with a violent or sexual offense or with an
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1enhanced scrutiny offense;[of flight, is likely to appear for trial, and is
2not likely to be a danger to others,]
3the court shall order the defendant released on his or her[unsecured bond or
4on the defendant's] own recognizance subject to standard[such other]
5conditions[ as the court may order].
6(b)    When the court is making a bail determination for a verified and eligible
7defendant, if the defendant:
81.      Poses a low risk as determined under subsection (3) of this section;
92.      Has been charged with a Class A, B, or C felony; and
103.      Has not been charged with a violent or sexual offense but has been
11charged with an enhanced scrutiny offense;
12the court shall order the defendant released on his or her own recognizance
13subject to standard conditions and may impose additional nonfinancial
14conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this
15Act.
16(c)    When the court is making a bail determination for a verified and eligible
17defendant, if the defendant:
181.      Poses a low risk as determined under subsection (3) of this section;
19and
202.      Has been charged with a violent or sexual offense;
21the court may order the defendant released on his or her own recognizance
22subject to standard conditions, may impose additional nonfinancial
23conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this
24Act, or may, either on its own or by motion of the prosecutor, detain the
25defendant until a detention hearing is held pursuant to Section 2 of this Act.
26 (6)[(4)]      (a)     When the court is making a bail determination for[If] a verified and
27eligible defendant, if the defendant:
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11.      Poses a moderate risk as determined under subsection (3) of this
2section;
32.      Has been charged with a Class A, B, or C felony; and
43.      Has not been charged with a violent or sexual offense or with an
5enhanced scrutiny offense;[of flight, has a moderate risk of not
6appearing for trial, or poses a moderate risk of danger to others,]
7the court shall order[release] the defendant released on his or her own
8recognizance subject to standard[under the same] conditions[ as in
9subsection (3) of this section] and may impose additional nonfinancial
10conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this Act
11[but shall consider ordering the defendant to participate in global positioning
12system monitoring, controlled substance testing, increased supervision, or
13such other conditions as the court may order].
14(b)    When the court is making a bail determination for a verified and eligible
15defendant, if the defendant:
161.      Poses a moderate risk as determined under subsection (3) of this
17section;
182.      Has been charged with a Class A, B, or C felony; and
193.      Has not been charged with a violent or sexual offense but has been
20charged with an enhanced scrutiny offense;
21the court may order the defendant released on his or her own recognizance
22subject to standard conditions, may impose additional nonfinancial
23conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this
24Act, or may, either on its own or by motion of the prosecutor, detain the
25defendant until a detention hearing is held pursuant to Section 2 of this Act.
26(c)    When the court is making a bail determination for a verified and eligible
27defendant, if the defendant:
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11.      Poses a moderate risk as determined under subsection (3) of this
2section; and
32.      Has been charged with a violent or sexual offense;
4the court shall detain the defendant until a detention hearing is held
5pursuant to Section 2 of this Act.
6 (7)[(5)]      (a)     When the court is making a bail determination for a verified and
7eligible defendant, if the defendant:
81.      Poses a high risk as determined under subsection (3) of this section;
92.      Has been charged with a violation, misdemeanor, or Class D felony;
10and
113.      Has not been charged with a violent or sexual offense or with an
12enhanced scrutiny offense;
13the court shall order the defendant released on his or her own recognizance
14subject to standard conditions and may impose additional nonfinancial
15conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this
16Act.
17(b)    When the court is making a bail determination for a verified and eligible
18defendant, if the defendant:
191.      Poses a high risk as determined under subsection (3) of this section;
202.      Has been charged with a Class A, B, or C felony; and
213.      Has not been charged with a violent or sexual offense or with an
22enhanced scrutiny offense;
23the court may order the defendant released on his or her own recognizance
24subject to standard conditions, may impose additional nonfinancial
25conditions as outlined in KRS 431.064 and 431.518 and Section 5 of this
26Act, or may, either on its own or by motion of the prosecutor, detain the
27defendant until a detention hearing is held pursuant to Section 2 of this Act.
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1(c)    When the court is making a bail determination for a verified and eligible
2defendant, if the defendant:
31.      Poses a high risk as determined under subsection (3) of this section;
4and
52.      Has been charged with a violent or sexual offense or with an
6enhanced scrutiny offense;
7the court shall detain the defendant until a detention hearing is held
8pursuant to Section 2 of this Act.
9 (8)    If a verified and eligible defendant has been charged with a felony offense under
10KRS Chapter 218A:
11(a)    In addition to any conditions outlined in paragraph (b) of this subsection,
12the defendant may be subject to any substance abuse screening or treatment
13recommended by pretrial services as ordered by the court;
14(b)    Pretrial services shall perform substance abuse screenings and may refer
15the defendant for substance abuse treatment; and
16(c)    A defendant's refusal to participate in the screening shall not disqualify the
17defendant from being granted pretrial release.
18 (9)    The Supreme Court may make any procedural rules necessary to implement this
19section[(a) Except as provided in paragraph (b) of this subsection, regardless of the
20amount of the bail set, the court shall permit the defendant a credit of one hundred
21dollars ($100) per day as a payment toward the amount of the bail set for each day
22or portion of a day that the defendant remains in jail prior to trial. Upon the service
23of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant
24shall be released from jail on the conditions specified in this section or in this
25chapter.
26(b)    The provisions of paragraph (a) of this subsection shall not apply to:
271.      Any person convicted of, pleading guilty to, or entering an Alford plea
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1to a felony offense under KRS Chapter 510, KRS 529.100 involving
2commercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or
3531.320, or who is a violent offender as defined in KRS 439.3401; or
42.      A defendant who is found by the court to present a flight risk or to be a
5danger to others.
6(c)    For purposes of this subsection, "a day or portion of a day" means any time
7spent in a detention facility following booking.
8(d)    A defendant shall not earn credit pursuant to paragraph (a) of this subsection
9while also earning credit pursuant to KRS 534.070.
10 (6)    If a court determines that a defendant shall not be released pursuant to subsection
11(5) of this section, the court shall document the reasons for denying the release in a
12written order.
13 (7)    The jailer shall be responsible for tracking the credit earned by a defendant pursuant
14to subsection (5) of this section].
15SECTION 2. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO
16 READ AS FOLLOWS:
17 (1)    A detention hearing shall be held within five (5) days of a verified and eligible
18defendant being detained pursuant to Section 1 of this Act. The detention hearing
19may be held at arraignment.
20 (2)    (a)    At the detention hearing, if the defendant poses:
211.      A low or moderate risk and was detained pursuant to Section 1 of this
22Act; or
232.      A high risk and was detained pursuant to Section 1 of this Act but is
24not eligible for money bail pursuant to subsection (3) of this section;
25the court shall determine whether any nonfinancial condition, or
26combination of conditions, outlined in KRS 431.064 and 431.518 and
27Section 5 of this Act will reasonably ensure the appearance of the defendant
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1for required court appearances and the safety of the public.
2(b)    The court shall, in determining whether there are conditions of release that
3will reasonably ensure the appearance of the defendant for required court
4appearances and the safety of the public, consider the following:
51.      Whether the offense involves violence, obstruction of public
6administration under KRS Chapter 519, or interference with judicial
7administration under KRS Chapter 524; and
82.      The history and characteristics of the defendant, including:
9a.   The defendant’s character, physical and mental condition,
10family ties, employment, financial resources, length of residence
11in the community, community ties, past conduct, history relating
12to drug or alcohol abuse, criminal history, and record
13concerning appearance at court proceedings;
14b.   Whether, at the time of the current offense or arrest, the
15defendant was on probation, on parole, on supervised release, or
16on other release pending trial, sentencing, appeal, or completion
17of sentence for an offense under local, state, or federal law; and
18c.   The nature and seriousness of the danger to any person or the
19community that would be posed by the defendant’s release.
20(c)    There shall be a rebuttable presumption that no condition or combination of
21conditions of release will reasonably ensure the safety of the public if the
22court finds by probable cause that the defendant committed:
231.      A violent or sexual offense while armed with a deadly weapon or
24dangerous instrument;
252.      A violent or sexual offense and has previously been convicted of a
26violent or sexual offense which was committed while on release
27pending trial for a local, state, or federal offense;
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13.      A violent or sexual offense while on release pending trial for a local,
2state, or federal offense;
34.      Two (2) or more violent or sexual offenses in separate incidents that
4are joined in the case before the court; or
55.      A violent or sexual offense in which the victim sustained a physical
6injury.
7(d)    After considering the information outlined in paragraph (b) of this
8subsection and the existence, if any, of a rebuttable presumption under
9paragraph (c) of this subsection, if the court finds by clear and convincing
10evidence that no condition, or combination of conditions, outlined in KRS
11431.064 and 431.518 and Section 5 of this Act will reasonably ensure the
12appearance of the defendant for required court appearances and the safety
13of the public, the court shall order the defendant detained before trial. If the
14court orders the defendant detained before trial, the court shall make
15written findings of fact and a written statement for the reasons for the
16detention.
17 (3)    (a)    At the detention hearing, if the defendant:
181.      Poses a high risk and was detained pursuant to Section 1 of this Act;
192.      Poses a risk of failing to appear for required court appearances;
203.      Does not pose a danger to the public if released; and
214.      Has not been charged with a violent or sexual offense;
22the court may impose money bail in addition to any conditions outlined in
23KRS 431.064 and 431.518 and Section 5 of this Act for the sole purpose of
24reasonably ensuring the appearance of the defendant for required court
25appearances. The court shall not impose money bail to ensure the
26protection or the safety of the community, to ensure that the defendant will
27not obstruct or attempt to obstruct the criminal justice process, or for the
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1purpose of preventing the release of the defendant. If imposed, the amount
2of money bail shall be set in accordance with Section 6 of this Act.
3(b)    In considering whether to impose money bail under paragraph (a) of this
4subsection, the court may upon its own motion, or shall upon the motion of
5the Commonwealth, conduct an inquiry into the source of the property to be
6designated for potential forfeiture or offered as collateral to secure a bond,
7and shall decline to accept the designation or the use as collateral of
8property that, because of its source, will not reasonably ensure the
9appearance of the defendant at required court appearances.
10 (4)    At the detention hearing, the defendant shall:
11(a)    Have the right to be represented by counsel and, if financially unable to
12obtain adequate representation, to have counsel appointed; and
13(b)    Be afforded an opportunity to testify. However, the defendant's testimony
14shall not be admissible on the issue of guilt in any other judicial
15proceedings, except:
161.      Proceedings under KRS 520.070 and 520.080;
172.      In revocation hearings;
183.      In perjury proceedings; and
194.      For the purpose of impeachment in any subsequent proceedings.
20 (5)    After the court has determined pursuant to this section to either detain or release
21a verified and eligible defendant prior to trial, the determination may be reviewed
22at any time before trial by the court either upon its own motion or upon motion of
23either party if:
24(a)    The court finds that information exists that was not known to the movant at
25the time of the determination and that has a material bearing on the issue of
26whether there are conditions of release that will reasonably ensure the
27appearance of the defendant for required court appearances or the safety of
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1the public; or
2(b)    Based on the Commonwealth's motion, the court finds probable cause that
3the defendant has failed to comply with the conditions of release. The court
4may either summon the defendant to appear at a hearing or issue a warrant
5for the defendant's arrest. If a defendant is arrested pursuant to this
6paragraph, a detention hearing shall be held within five (5) days of arrest.
7 (6)    This section shall not be construed as modifying or limiting the verified and
8eligible defendant's presumption of innocence.
9Section 3. KRS 27A.360 is amended to read as follows:
10 The court disposition level of the system shall consist of at least the following
11 information as relates to bond and pretrial release:
12 (1)    Whether or not the defendant was released on bail or pretrial release;
13 (2)    If the defendant is released on money bail under Section 2 of this Act:
14(a)    The amount of the bail;
15(b)    Whether the bail was cash, property, a percentage of cash bail, secured,
16unsecured, or otherwise;
17(c)    Whether the conditions of bail were satisfied; and
18(d)    Whether or not the bail was returned, forfeited, credited to the public advocate
19or otherwise; and
20 (3)    If released on any other form of pretrial release:
21(a)    Whether or not released on own recognizance;
22(b)    Whether release was upon conditions, if so what conditions; and
23(c)    Whether the conditions of release were satisfied.
24Section 4. KRS 222.204 is amended to read as follows:
25 (1)    A person who has been arrested and placed in jail prior to trial for violation of KRS
26222.202 and has not had two (2) prior convictions in the previous twelve (12)
27months for violation of KRS 222.202 shall be released[ as set forth by the Supreme
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1Court Rule of Criminal Procedure uniform schedule of bail]:
2(a)    To an adult who is willing to accept responsibility for the defendant through a
3signature verification on a form determined by the Administrative Office of
4the Courts;
5(b)    If eligible for money bail under Section 2 of this Act, upon payment of[he
6pays] the requisite amount of bail on a bail schedule issued by the court;
7(c)    At such time as he or she is able to safely care for himself or herself, but in
8no event shall he or she be detained for more than eight (8) hours following
9his or her arrest;
10(d)    If he or she is ordered released by a court of competent jurisdiction; or
11(e)    Unless the[such] person's release is precluded by other provisions of law.
12 (2)    The jail or facility authorized by county or city ordinance agreeing to care for the
13person releasing the defendant shall be considered as acting in good faith and shall
14not be liable for subsequent acts of the defendant upon release.
15Section 5. KRS 431.520 is amended to read as follows:
16 Except as provided in Sections 1 and 2 of this Act, any person charged with an offense
17 shall be ordered released by a court of competent jurisdiction pending trial on his or her
18 personal recognizance, and[ or upon the execution of an unsecured bail bond in an
19 amount set by the court or as fixed by the Supreme Court as provided by KRS 431.540,
20 unless the court determines in the exercise of its discretion that such a release will not
21 reasonably assure the appearance of the person as required, or the court determines the
22 person is a flight risk or a danger to others. When such a determination is made,] the
23 court may[shall, either in lieu of or in addition to the above methods of release,] impose
24 any of the following conditions of release:
25 (1)    Place the person in the custody of a designated person or organization agreeing to
26supervise him or her;
27 (2)    Place restrictions on the travel, association, or place of abode of the person during
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1the period of release;
2 (3)    For those eligible for money bail under Section 2 of this Act, require the execution
3of a bail bond:
4(a)    With sufficient personal surety or sureties acceptable to the court; in
5determining the sufficiency of such surety or sureties, the court shall consider
6his or her character,[ his] place of residence,[ his] relationship with the
7defendant, and[ his] financial and employment circumstances;[ or]
8(b)    With the ten percent (10%) deposit as provided in KRS 431.530; [provided
9that if the defendant is permitted to earn credit toward bail pursuant to KRS
10431.066, that credit shall be applied to the ten percent (10%) deposit; ]or
11(c)    With the deposit of cash equal to the amount of the bond or in lieu thereof
12acceptable security as provided in KRS 431.535;
13 (4)    If the person's record indicates a history of controlled substance or alcohol abuse:
14(a)    Order the person to submit to periodic testing for use of controlled substances
15or alcohol and pay a reasonable fee, not to exceed the actual cost of the test
16and analysis, as determined by the court with the fee to be collected by the
17circuit clerk, held in an agency account, and disbursed, on court order, solely
18to the agency or agencies responsible for testing and analysis as compensation
19for the cost of the testing and analysis performed under this subsection. If the
20person is declared indigent, the testing fee may be waived by the court. The
21Administrative Office of the Courts shall establish pilot projects to implement
22the provisions of this subsection; or
23(b)    Order the person to use an alcohol monitoring device, as defined in KRS
24431.068. All costs associated with the device, including administrative and
25operating costs, shall be paid by the defendant. If the court determines that the
26defendant is indigent, and a person, county, or other organization has not
27agreed to pay the costs for the defendant in an attempt to reduce incarceration
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1expenses and increase public safety, the court shall consider other conditions
2of release provided for in this section;
3 (5)    (a)    During all or part of a person's period of release pursuant to this section, order
4the person to participate in a global positioning monitoring system program
5operated by a county pursuant to KRS 67.372 and 67.374 under the same
6terms and conditions provided under KRS 431.517.
7(b)    If the person is charged with a sex crime as defined in KRS 17.500, consider
8requiring that he or she be monitored electronically, and shall consider
9requiring the person be subject to home incarceration;
10 (6)    Impose any nonfinancial conditions[other condition] deemed reasonably necessary
11to ensure[assure] appearance as required, including a condition requiring that the
12person return to custody after specified hours;
13 (7)    A court authorizing the release of a person pursuant to this section shall:
14(a)    Issue[cause the issuance of] an appropriate order containing a statement of the
15conditions imposed, if any; and[, shall cause such person to be informed]
16(b)    Inform the person of the penalties applicable to violations of the conditions
17of his or her release[,] and[ shall cause him to be informed] that a warrant for
18his or her arrest will be issued immediately upon any such violation;
19 (8)    A person for whom conditions of release are imposed and who after twenty-four
20(24) hours from the time of the imposition of the[said] conditions continues to be
21detained as a result of his or her inability to meet the conditions of release shall,
22upon written application or upon the court's own motion, be entitled to have the
23conditions reviewed by the court which imposed them. A person who is ordered
24released on a condition which requires that he or she return to custody after
25specified hours shall, upon written application or upon the court's own motion, be
26entitled to a review by the court which imposed the condition; or
27 (9)    If at any time following release of a defendant and before he or she is required to
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1appear for trial, the court is advised of a material change in the defendant's
2circumstances or that he or she has not complied with all conditions imposed upon
3his or her release, the court having jurisdiction may:
4(a)    Order the arrest of the defendant;
5(b)    Enter an order requiring the defendant and[,] his or her surety or sureties to
6appear and show cause why the bail bond should not be forfeited or the
7conditions of the defendant's[his] release be changed; or
8(c)    Both.
9A copy of the[said] order shall be served upon the defendant and[,] his or her
10surety or sureties. If the defendant fails to appear before the court as ordered or if,
11after hearing, the court finds the conditions of release have not been complied with,
12the court may change the conditions imposed or forfeit the bail bond or any portion
13thereof and enter a judgment for the Commonwealth against the defendant and his
14or her surety or sureties for the amount of the bail bond or any portion thereof and
15cost of the proceedings.
16Section 6. KRS 431.525 is amended to read as follows:
17 (1)    For those eligible for money bail under Section 2 of this Act, the amount of the
18bail shall be:
19(a)    Sufficient to ensure[insure] compliance with the conditions of release set by
20the court;
21(b)    Not oppressive;
22(c)    Commensurate with the nature of the offense charged;
23(d)    Considerate of the past criminal acts and the reasonably anticipated conduct
24of the defendant if released; and
25(e)    Considerate of the financial ability of the defendant.
26 (2)    When a person is eligible for money bail under Section 2 of this Act and is
27charged with an offense punishable by fine only, the amount of the bail bond set
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1shall not exceed the amount of the maximum penalty and costs.
2 (3)    When a person is eligible for money bail under Section 2 of this Act and has been
3convicted of an offense and only a fine has been imposed, the amount of the bail
4shall not exceed the amount of the fine.
5 (4)    When a person is eligible for money bail under Section 2 of this Act and has been
6charged with one (1) or more misdemeanors, the amount of the bail for all charges
7shall be encompassed by a single amount of bail that shall not exceed the amount of
8the fine and court costs for the one (1) highest misdemeanor charged. This
9subsection shall apply only to misdemeanor offenses not involving physical injury
10or sexual contact.
11 (5)    When a person is eligible for money bail under Section 2 of this Act and has been
12convicted of a misdemeanor offense and a sentence of jail, probation, conditional
13discharge, or sentence other than a fine only has been imposed, the amount of bail
14for release on appeal shall not exceed double the amount of the maximum fine that
15could have been imposed for the one (1) highest misdemeanor offense for which the
16person was convicted. This subsection shall apply only to misdemeanors not
17involving physical injury or sexual contact.
18 (6)    [The provisions of this section shall not apply to a defendant who is found by the
19court to present a flight risk or to be a danger to others.
20 (7)    If a court determines that a defendant shall not be released pursuant to subsection
21(6) of this section, the court shall document the reasons for denying the release in a
22written order.
23 (8)    ]The Administrative Office of the Courts shall establish pilot projects to implement
24controlled substance or alcohol abuse testing as specified under this subsection. If
25the person's record indicates a history of controlled substance or alcohol abuse, the
26court may order the person to submit to periodic testing for use of controlled
27substances or alcohol and to pay a reasonable fee, not to exceed the actual cost of
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1the test and analysis, as determined by the court, with the fee to be collected by the
2circuit clerk, held in an agency account, and disbursed, on court order, solely to the
3agency or agencies responsible for testing and analysis as compensation for the cost
4of the testing and analysis performed under this subsection. If the person is declared
5indigent, the testing fee may be waived by the court. If the court finds the
6conditions of release have not been complied with, the court may change the
7conditions imposed or forfeit the bail bond or any portion thereof and enter a
8judgment for the Commonwealth against the person and his or her surety or
9sureties for the amount of the bail bond or any portion thereof and the cost of the
10proceedings.
11Section 7. KRS 431.530 is amended to read as follows:
12 (1)    Any person who has been permitted to execute a bail bond in accordance with KRS
13431.520(3)(b) shall deposit with the clerk of the court before which the action is
14pending a sum of money equal to ten percent (10%) of the bail, but in no event shall
15such deposit be less than ten dollars ($10)[ unless the defendant earned full credit
16toward the applicable amount of bail pursuant to KRS 431.066, in which case the
17defendant shall not be required to make a deposit with the clerk of the court].
18 (2)    Upon making the deposit required under subsection (1) of this section,[depositing
19said sum] the defendant shall be released from custody subject to all conditions of
20release imposed by the court.
21 (3)    Except as provided in subsection (5) of this section, if the conditions of release have
22been performed and the defendant has been discharged from all obligations in the
23action, the clerk of the court shall return to the defendant, unless the court orders
24otherwise, ninety percent (90%) of the sum deposited and shall retain as bail costs
25ten percent (10%) of the amount deposited; provided, however, in no event shall the
26amount retained by the clerk as bail costs be less than five dollars ($5). [It is further
27provided that ]The court shall order the clerk of court to pay into the public
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1advocate special account any amount of the sum deposited by the defendant, in
2excess of bail costs, which in its sound discretion represents a reasonable fee for
3any public advocate legal or investigative services provided for the defendant under
4KRS Chapter 31, but in no event shall the amount [so ]paid to the public advocate
5special account as public advocate legal and investigative fees be less than five
6dollars ($5) per case. At the request of the defendant the court may order the
7amount repayable to defendant from the[such] deposit to be paid to defendant's
8attorney of record.
9 (4)    Except as provided in subsection (5) of this section, if a final judgment for a fine
10and court costs or either is entered in the prosecution of an action in which a deposit
11has been made in accordance with subsection (1) of this section, the balance of
12the[such] deposit, after deduction of bail costs and public advocate fees as provided
13for in subsection (3) of this section, shall be applied to the satisfaction of the
14judgment.
15 (5)    If the defendant has performed all conditions of release and if the defendant is
16found not guilty of the offense for which bail was posted, or if all charges against
17him or her relating to the offense for which bail was posted are dropped or
18dismissed, then all bail money deposited by the defendant or by another person on
19his or her behalf shall be returned to him or her with no deductions [therefrom ]as
20provided in subsection (3) or (4) of this section.
21Section 8. KRS 431.540 is amended to read as follows:
22 (1)    The Supreme Court may by rule or order prescribe a uniform schedule of amounts
23of bail in designated nonviolent Class D felonies, misdemeanors, and violations for
24defendants eligible for money bail under Section 2 of this Act.[;]
25 (2)[(1)]      Except as provided in subsection (3)[(2)] of this section, when the amount of
26bail is fixed by the[such] rule or order of the Supreme Court for a particular
27offense, the clerk of the court or other public officers [so ]authorized by the court's
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1order shall accept cash bail in the prescribed amount or the deposit authorized by
2KRS 431.530 and release the defendant to appear in accordance with the conditions
3of the bail bond. A receipt shall be delivered to the defendant for the bail so taken
4and within a reasonable time the[such] bail shall be deposited with the clerk of the
5court having jurisdiction of the offense.
6 (3)[(2)]      A court may, in the exercise of its reasonable discretion, refuse to set bail in
7the amount prescribed by the[such] rule or order of the Supreme Court, but, in so
8doing, the court must set forth in writing its reasons for the[such] refusal.
9Section 9. KRS 452.260 is amended to read as follows:
10 If the defendant is in custody, the order for the change of venue shall be accompanied by
11 an order for his or her removal by the sheriff or jailer of the county in which he or she is
12 held, with such sufficient guard as the court directs, and for his or her delivery to the
13 jailer of the county where the trial is to be held. If the defendant is under recognizance or
14 bond for his or her appearance, he or she shall be ordered to appear before[, before the
15 order is granted, give sufficient bail for his appearance at] the proper court[, or be
16 surrendered into the custody of the proper officer].
17Section 10. KRS 431.510 is amended to read as follows:
18 (1)    As used in this section:
19(a)    1.      "Bail bondsman" means any person, partnership, or corporation engaged
20for profit in the business of:
21a.    Furnishing bail, making bonds, or entering into undertakings, as
22surety, for the appearance of persons charged with any criminal
23offense or violation of law or ordinance punishable by fine,
24imprisonment, or death, before any of the courts of this state; or
25b.    Securing the payment of fines imposed and of costs assessed by
26those courts upon final disposition[ thereof].
272.      The business of a bail bondsman is limited to the acts, transactions, and
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1undertakings described in this paragraph[ and to no other]; and
2(b)    "Charitable bail organization" means an organization, including but not
3limited to an organization exempt under Section 501(c)(3) of the Internal
4Revenue Code, that solicits or accepts donations from the public for the
5purpose of:
61.      Furnishing bail, making bonds, or entering into undertakings, as surety,
7whether through direct payment or by payment through a third party, for
8the appearance of persons charged with any criminal offense or violation
9of law or ordinance punishable by fine, imprisonment, or death before
10any of the courts of this state; or
112.      Securing the payment of fines imposed and of costs assessed by any of
12the courts of this state upon final disposition[ thereof].
13 (2)    It shall be unlawful for any person to engage in the business of bail bondsman or to
14otherwise for compensation or other consideration:
15(a)    Furnish bail or funds or property to serve as bail; or
16(b)    Make bonds or enter into undertakings as surety;
17for the appearance of persons charged with any criminal offense or violation of law
18or ordinance punishable by fine, imprisonment, or death, before any of the courts of
19this state, or to secure the payment of fines imposed and of costs assessed by such
20courts upon a final disposition.
21 (3)    It shall be unlawful for any charitable bail organization to:
22(a)    Furnish bail or funds or property to serve as bail in an amount of five
23thousand dollars ($5,000) or more; or
24(b)    Make bonds or enter into undertakings as surety in an amount of five
25thousand dollars ($5,000) or more;
26for the appearance of persons charged with any criminal offense or violation of law
27or ordinance punishable by fine or imprisonment before any of the courts of this
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1state, or to secure the payment of fines imposed and of costs assessed by those
2courts upon a final disposition.
3 (4)    Notwithstanding subsection (3) of this section, it shall be unlawful for any
4charitable bail organization to furnish bail or funds or property to serve as bail, or to
5make bonds or enter into undertakings as surety, regardless of amount, for any
6person:
7(a)    Alleged to have committed an offense:
81.      Of domestic violence and abuse as defined in KRS 403.720;
92.      Of dating violence and abuse as defined in KRS 456.010; or
103.      That would classify the person as a violent offender under KRS
11439.3401;
12(b)    Held under a civil court order or warrant issued under KRS 222.430 to
13222.437; or
14(c)    Who has previously received bail or funds or property to serve as bail from a
15charitable bail organization.
16 (5)    Any person who posts bail or bond on behalf of any organization under this section
17shall provide [a ]photo identification.
18 (6)    A charitable bail organization shall maintain and annually report the following
19information to the Legislative Research Commission for referral to the Interim Joint
20Committee on Judiciary no later than October 31 of each year, and shall make
21publicly available on the organization's website, or by publishing in a newspaper of
22general circulation that complies with the requirements of KRS 424.120 if the
23organization does not maintain a website:
24(a)    The expenditures of the organization, including a separate reporting of the
25amount furnished for bail, or funds or property to serve as bail; and
26(b)    The number of individuals and classification of offenses for those individuals
27for which any bail, or funds or property to serve as bail, has been provided.
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1 (7)    Any bond posted by a charitable organization under this section that is ordered
2forfeited as a result of the commission of a new criminal offense shall be distributed
3to the victim of the new criminal offense, if a victim is identified.
4 (8)    Nothing contained in this section shall serve to release any bail bondsman
5previously licensed by this state from the obligation of undischarged bail bond
6liability existing on June 19, 1976.
7 (9)    KRS 431.510 to 431.550 shall not be construed to[ limit or repeal KRS 431.021 or
8to] prevent licensed insurers providing security required by Subtitle 39 of KRS
9Chapter 304 and nonprofit associations from posting or causing to be posted by
10licensed insurers security or acting as surety for their insureds or members for an
11offense arising from the operation of a motor vehicle, provided that the[such]
12posting of security or acting as surety is merely incidental to the terms and
13conditions of an insurance contract or a membership agreement and [provided
14further ]that no separate premium or charge for that service[therefor] is required
15from the insureds or members.
16Section 11. The following KRS section is repealed:
17 431.021 Guaranteed arrest bond certificate of surety company to be accepted in lieu of
18cash bail in traffic cases.
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