2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.520 Release on personal recognizance or unsecured bail bond -- Conditions of release.
KY Rev Stat § 431.520 (1996 through Reg Sess) What's This?
431.520 Release on personal recognizance or unsecured bail bond -- Conditions of
release.
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.
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 10% deposit as provided in KRS 431.530; 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,
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;
(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 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,
(8)
(9)
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;
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;
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, 2010
History: 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.
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