{"data":{"id":"us-ky/krs-431.525","jurisdiction":"us-ky","citation":"KRS 431.525","heading":"Conditions for establishing amount of bail -- Pilot projects for controlled","body":"substance or alcohol abuse testing.\n(1) The amount of the bail shall be:\n(a) Sufficient to insure compliance with the conditions of release set by the court;\n(b) Not oppressive;\n(c) Commensurate with the nature of the offense charged;\n(d) Considerate of the past criminal acts and the reasonably anticipated conduct of\nthe defendant if released; and\n(e) Considerate of the financial ability of the defendant.\n(2) When a person is c harged with an offense punishable by fine only, the amount of\nthe bail bond set shall not exceed the amount of the maximum penalty and costs.\n(3) When a person has been convicted of an offense and only a fine has been imposed,\nthe amount of the bail shall not exceed the amount of the fine.\n(4) When a person has been charged with one (1) or more misdemeanors, the amount of\nthe bail for all charges shall be encompassed by a single amount of bail that shall\nnot exceed the amount of the fine and court costs for  the one (1) highest\nmisdemeanor charged. This subsection shall apply only to misdemeanor offenses\nnot involving physical injury or sexual contact.\n(5) When a person has been convicted of a misdemeanor offense and a sentence of jail,\nprobation, conditional  discharge, or sentence other than a fine only has been\nimposed, the amount of bail for release on appeal shall not exceed double the\namount of the maximum fine that could have been imposed for the one (1) highest\nmisdemeanor offense for which the person w as convicted. This subsection shall\napply only to misdemeanors not involving physical injury or sexual contact.\n(6) The provisions of this section shall not apply to a defendant who is found by the\ncourt to present a flight risk or to be a danger to others.\n(7) If a court determines that a defendant shall not be released pursuant to subsection\n(6) of this section, the court shall document the reasons for denying the release in a\nwritten order.\n(8) The Administrative Office of the Courts shall establish pilo t projects to implement\ncontrolled substance or alcohol abuse testing as specified under this subsection. If\nthe person's record indicates a history of controlled substance or alcohol abuse, the\ncourt may order the person to submit to periodic testing for use of controlled\nsubstances or alcohol and to pay a reasonable fee, not to exceed the actual cost of\nthe test and 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 o rder, solely to the\nagency or agencies responsible for testing and analysis as compensation for the cost\nof the testing and analysis performed under this subsection. If the person is declared\nindigent, the testing fee may be waived by the court. If the court finds the conditions\nof release have not been complied with, the court may change the conditions\nimposed or forfeit the bail bond or any portion thereof and enter a judgment for the\nCommonwealth against the person and his surety or sureties for the amou nt of the\nbail bond or any portion thereof and the cost of the proceedings.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39565","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:46Z","sha256":"26e820547589995d35a035f62b9cca69cef6b019b1bf6aaa53279865db41fd49","source_id":"us-ky","stale":false,"prev":"us-ky/krs-431.523","next":"us-ky/krs-431.530"},"notice":"GroundRules: Original legal text. Not legal advice."}