KRS 431.530: Deposit of bail security -- Payments into public advocate special account --

Return of deposit when innocent or charges dropped or dismissed.

(1) Any person who has been permitted to execute a bail bond in accordance with KRS

431.520(3)(b) shall dep osit with the clerk of the court before which the action is

pending a sum of money equal to ten percent (10%) of the bail, but in no event shall

such deposit be less than ten dollars ($10) unless the defendant earned full credit

toward the applicable amoun t of bail pursuant to KRS 431.066, in which case the

defendant shall not be required to make a deposit with the clerk of the court.

(2) Upon depositing said sum the defendant shall be released from custody subject to

all conditions of release imposed by the court.

(3) Except as provided in subsection (5) of this section, if the conditions of release have

been performed and the defendant has been discharged from all obligations in the

action the clerk of the court shall return to the defendant, unless the co urt orders

otherwise, ninety percent (90%) of the sum deposited and shall retain as bail costs

ten percent (10%) of the amount deposited; provided, however, in no event shall the

amount retained by the clerk as bail costs be less than five dollars ($5). It is further

provided that the court shall order the clerk of court to pay into the public advocate

special account any amount of the sum deposited by the defendant, in excess of bail

costs, which in its sound discretion represents a reasonable fee for any public

advocate legal or investigative services provided for the defendant under KRS

Chapter 31, but in no event shall the amount so paid to the public advocate special

account as public advocate legal and investigative fees be less than five dollars ($5)

per case. At the request of the defendant the court may order the amount repayable

to defendant from such deposit to be paid to defendant's attorney of record.

(4) Except as provided in subsection (5) of this section, if a final judgment for a fine

and court costs or either is entered in the prosecution of an action in which a deposit

has been made in accordance with subsection (1) of this section, the balance of such

deposit, after deduction of bail costs and public advocate fees as provided for in

subsection (3) of this section, shall be applied to the satisfaction of the judgment.

(5) If the defendant has performed all conditions of release and if the defendant is

found not guilty of the offense for which bail was posted, or if all charges against

him relating to the offense for which bail was posted are dropped or dismissed, then

all bail money deposited by the defendant or by another person on his behalf shall

be returned to him with no deductions therefrom as provided in subsection (3) or (4)

of this section.