2013 Kentucky Revised Statutes CHAPTER 431 - GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.525 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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.
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.
When a person has been convicted of an offense and only a fine has been
imposed, the amount of the bail shall not exceed the amount of the fine.
When a person has been charged with one (1) or more misdemeanors, the
amount of the bail for all charges shall be encompassed by a single amount of
bail that shall not exceed the amount of the fine and court costs for the one (1)
highest misdemeanor charged. This subsection shall apply only to
misdemeanor offenses not involving physical injury or sexual contact.
When a person has been convicted of a misdemeanor offense and a sentence
of jail, probation, conditional discharge, or sentence other than a fine only has
been imposed, the amount of bail for release on appeal shall not exceed
double the amount of the maximum fine that could have been imposed for the
one (1) highest misdemeanor offense for which the person was convicted. This
subsection shall apply only to misdemeanors not involving physical injury or
sexual contact.
The provisions of this section shall not apply to a defendant who is found by
the court to present a flight risk or to be a danger to others.
If a court determines that a defendant shall not be released pursuant to
subsection (6) of this section, the court shall document the reasons for denying
the release in a written order.
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:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 47, effective June 8, 2011. -Amended 1998 Ky. Acts ch. 606, sec. 33, effective July 15, 1998. -- Created
1976 Ky. Acts ch. 2, sec. 4.
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