{"data":{"id":"us-ky/krs-431.520","jurisdiction":"us-ky","citation":"KRS 431.520","heading":"Release on personal recognizance or unsecured bail bond -- Conditions of","body":"release.\nAny person charged with an offense shall be ordered released by a court of competent\njurisdiction pending trial on his personal recognizance or upon the execution of an\nunsecured bail bond in an amount set by the court or as fixed by the Supreme Court as\nprovided by KRS 431.540, unless the court determines in the exercise of its discretion\nthat such a release will not reasonably assure the appearance of the person as requ ired, or\nthe court determines the person is a flight risk or a danger to others. When such a\ndetermination is made, the court shall, either in lieu of or in addition to the above\nmethods of release, impose any of the following conditions of release:\n(1) Place the person in the custody of a designated person or organization agreeing to\nsupervise him;\n(2) Place restrictions on the travel, association, or place of abode of the person during\nthe period of release;\n(3) Require the execution of a bail bond:\n(a) With sufficient personal surety or sureties acceptable to the court; in\ndetermining the sufficiency of such surety or sureties, the court shall consider\nhis character, his place of residence, his relationship with the defendant, and\nhis financial and employment circumstances; or\n(b) With the ten percent (10%) deposit as provided in KRS 431.530; provided\nthat if the defendant is permitted to earn credit toward bail pursuant to KRS\n431.066, that credit shall be applied to the ten percent (10%) deposit; or\n(c) With the deposit of cash equal to the amount of the bond or in lieu thereof\nacceptable security as provided in KRS 431.535;\n(4) If the person's record indicates a history of controlled substance or alcohol abuse:\n(a) Order the person to submit to periodic testing for use of controlled substances\nor alcohol and pay a reasonable fee, not to exceed the actual cost of the test\nand analysis, as determined by the court with the fee to be collected by the\ncircuit clerk, held in an agency account, and disbursed, on  court order, solely\nto the agency or agencies responsible for testing and analysis as compensation\nfor the cost of the testing and analysis performed under this subsection. If the\nperson is declared indigent, the testing fee may be waived by the court. Th e\nAdministrative Office of the Courts shall establish pilot projects to implement\nthe provisions of this subsection; or\n(b) Order the person to use an alcohol monitoring device, as defined in KRS\n431.068. All costs associated with the device, including adm inistrative and\noperating costs, shall be paid by the defendant. If the court determines that the\ndefendant is indigent, and a person, county, or other organization has not\nagreed to pay the costs for the defendant in an attempt to reduce incarceration\nexpenses and increase public safety, the court shall consider other conditions\nof release provided for in this section;\n(5) (a) During all or part of a person's period of release pursuant to this section, order\nthe person to participate in a global positionin g monitoring system program\noperated by a county pursuant to KRS 67.372 and 67.374 under the same\nterms and conditions provided under KRS 431.517.\n(b) If the person is charged with a sex crime as defined in KRS 17.500, consider\nrequiring that he or she be monitored electronically, and shall consider\nrequiring the person be subject to home incarceration;\n(6) Impose any other condition deemed reasonably necessary to assure appearance as\nrequired, including a condition requiring that the person return to custody after\nspecified hours;\n(7) A court authorizing the release of a person pursuant to this section shall  cause the\nissuance of an appropriate order containing a statement of the conditions imposed,\nif any, shall cause such person to be informed of the penalties applicable to\nviolations of the conditions of his release, and shall cause him to be informed that  a\nwarrant for his arrest will be issued immediately upon any such violation;\n(8) A person for whom conditions of release are imposed and who after twenty -four\n(24) hours from the time of the imposition of said conditions continues to be\ndetained as a resu lt of his inability to meet the conditions of release shall, upon\nwritten application or upon the court's own motion, be entitled to have the\nconditions reviewed by the court which imposed them. A person who is ordered\nreleased on a condition which requires that he return to custody after specified hours\nshall, upon written application or upon the court's own motion, be entitled to a\nreview by the court which imposed the condition; or\n(9) If at any time following release of a defendant and before he is requ ired to appear\nfor trial, the court is advised of a material change in the defendant's circumstances\nor that he has not complied with all conditions imposed upon his release, the court\nhaving jurisdiction may:\n(a) Order the arrest of the defendant;\n(b) Enter an order requiring the defendant, his surety or sureties to appear and\nshow cause why the bail bond should not be forfeited or the conditions of his\nrelease be changed; or\n(c) Both.\nA copy of said order shall be served upon the defendant, his surety or sureties. If the\ndefendant fails to appear before the court as ordered or if, after hearing, the court\nfinds the conditions of release have not been complied with, the court may change\nthe conditions imposed or forfeit the bail bond or any portion thereof  and enter a\njudgment for the Commonwealth against the defendant and his surety or sureties for\nthe amount of the bail bond or any portion thereof and cost of the proceedings.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43540","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:46Z","sha256":"6158eb7c8671b6b4e5db3d7b2a2b7f163ed463c18215438842946b70ffccdd40","source_id":"us-ky","stale":false,"prev":"us-ky/krs-431.518","next":"us-ky/krs-431.523"},"notice":"GroundRules: Original legal text. Not legal advice."}