.525   Conditions for establishing amount of bail -- Pilot projects for controlled substance or alcohol abuse testing.

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431.525 Conditions for establishing amount of bail -- Pilot projects for controlled
substance or alcohol abuse testing.
(1)
The amount of the bail shall be:
(a)  Sufficient to insure compliance with the conditions of release set by the court;
(b)  Not oppressive;
(c)  Commensurate with the nature of the offense charged;
(d)  Considerate of the past criminal acts and the reasonably anticipated conduct of
the defendant if released; and
(e)  Considerate of the financial ability of the defendant.
(2)
When a person is charged with an offense punishable by fine only, the amount of
the bail bond set shall not exceed the amount of the maximum penalty and costs.
(3)
When a person has been convicted of an offense and only a fine has been imposed,
the amount of the bail shall not exceed double the amount of the fine.
(4)
The Administrative Office of the Courts shall establish pilot projects to implement
controlled substance or alcohol abuse testing as specified under this subsection. If
the person's record indicates a history of controlled substance or alcohol abuse, the
court may order the person to submit to periodic testing for use of controlled
substances or alcohol and to 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. If 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 person and his surety or sureties for the amount of the
bail bond or any portion thereof and the cost of the proceedings.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 33, effective July 15, 1998. -- Created
1976 Ky. Acts ch. 2, sec. 4.