22-2802. Release prior to trial; conditions of release; appearance bond, cash bond or personal recognizance.
22-2802
22-2802. Release prior to trial; conditions ofrelease; appearance bond, cash bond or personal recognizance.(1) Any person charged with a crime shall, at the person's first appearancebefore a magistrate, be orderedreleased pending preliminaryexamination or trial upon the execution of an appearance bond in an amountspecified by the magistrate and sufficient toassure the appearance of such personbefore the magistrate when orderedand to assure the public safety.If the person is beingbound over for a felony, the bond shall also be conditioned on theperson's appearance in the district courtor by way of a two-way electronic audio-video communication as providedin subsection (14)at the timerequired by the court to answer thecharge against such person and at any time thereafter that the court requires.Unless the magistrate makes a specific finding otherwise, if the person isbeing bonded out for a person felony or a person misdemeanor, the bond shall beconditioned on theperson being prohibited from having any contact with the alleged victim of suchoffensefor a period of at least 72 hours.Themagistrate may impose such of the following additionalconditions of release as will reasonably assure the appearance of the personfor preliminary examination or trial:
(a) Place the person in the custody of a designated person or organizationagreeing to supervise such person;
(b) place restrictions on the travel, association or place of abode ofthe person during the period of release;
(c) impose any other condition deemed reasonably necessary to assureappearanceas required, including a condition requiring that the person return to custodyduring specified hours;
(d) place the person under a house arrest program pursuant to K.S.A.21-4603b, and amendments thereto; or
(e) place the person under the supervision of a court services officerresponsible for monitoring the person's compliance with any conditions ofrelease ordered by the magistrate.
(2) In addition to any conditions of release provided in subsection(1), for any person charged with a felony, the magistrate may order suchperson to submit to a drug abuse examination and evaluation in a public orprivate treatment facility or state institution and, if determined by thehead of such facility or institution that such person is a drug abuser orincapacitated by drugs, to submit to treatment for such drug abuse, as acondition of release.
(3) The appearance bond shall be executed with sufficient solvent suretieswho are residents of the state of Kansas, unless themagistrate determines, in the exercise of such magistrate's discretion, thatrequiring sureties is not necessary to assure the appearance of the person atthe time ordered.
(4) A deposit of cash in the amount of the bond may be made in lieu ofthe execution of the bond pursuant to paragraph (3).Except as provided in paragraph (5), suchdeposit shall be in the full amount of the bond and in no event shall a depositof cash in less than the full amount of bond be permitted. Any person chargedwith a crime who is released on a cash bond shall be entitled to a refund ofall moneys paid for the cash bond, after deduction of any outstandingrestitution, costs, fines and fees, after the final disposition of the criminalcase if the person complies with all requirements to appear in court. The courtmay not exclude the option of posting bond pursuant to paragraph (3).
(5) Except as provided further, the amount of the appearance bond shall bethe same whether executed asdescribed in subsection (3) or posted with a deposit of cash as described insubsection (4).When the appearance bond has been set at $2,500 or less and the most seriouscharge against the person is a misdemeanor, a severity level 8, 9or 10 nonperson felony, a drug severity level 4 felony or a violation of K.S.A.8-1567, and amendments thereto, the magistrate may allow the person to depositcashwith theclerk in the amount of 10% of the bond, provided the person meets at least thefollowing qualifications:
(A) Is a resident of the state of Kansas;
(B) has a criminal history score category of G, H or I;
(C) has no prior history of failure to appear for any court appearances;
(D) has no detainer or hold from any other jurisdiction;
(E) has not been extradited from, and is not awaiting extradition to, anotherstate; and
(F) has not been detained for an alleged violation of probation.
(6) In the discretion of the court, a person charged with a crime may bereleased upon the person's own recognizance by guaranteeing payment of theamount of the bond for the person's failure to comply with all requirements toappear in court. The release of a person charged with a crime upon the person'sown recognizance shall not require the deposit of any cash by the person.
(7) The court shall not impose any administrative fee.
(8) In determining which conditions of release willreasonably assure appearance and the public safety, the magistrate shall, onthe basis of available information, take into account the nature andcircumstances of the crime charged; the weight of the evidence against thedefendant; the defendant's family ties, employment, financial resources,character, mental condition, length of residence in the community, record ofconvictions, record of appearance or failure to appear at court proceedings orof flight to avoid prosecution; the likelihood or propensity of the defendantto commit crimes while on release, including whether the defendant will belikely to threaten, harass or cause injury to the victim of the crime or anywitnesses thereto; and whether the defendant is on probation or parole from aprevious offense at the time of the alleged commission of the subsequentoffense.
(9) The appearance bond shall set forth all of theconditions of release.
(10) A person for whom conditions of release are imposedand who continues to be detained as a result of the person's inability to meetthe conditions of release shall be entitled, upon application, to have theconditions reviewed without unnecessary delay by the magistrate who imposedthem. If the magistrate who imposed conditions of release is not available, anyother magistrate in the county may review such conditions.
(11) A magistrate ordering the release of a person on anyconditions specified in this section may at any time amend the order to imposeadditional or different conditions of release. If the imposition of additionalor different conditions results in the detention of the person, the provisionsof subsection (10) shall apply.
(12) Statements or information offered in determining theconditions of release need not conform to the rules of evidence. No statementor admission of the defendant made at such a proceeding shall be received asevidence in any subsequent proceeding against the defendant.
(13) The appearance bond and any security required as acondition of the defendant's release shall be deposited in the office of themagistrate or the clerk of the court where the release is ordered. If thedefendant is bound to appear before a magistrate or court other than the oneordering the release, the order of release, together with the bond and securityshall be transmitted to the magistrate or clerk of the court before whom thedefendant is bound to appear.
(14) Proceedings before a magistrate as provided in thissection to determine the release conditions of a person charged with a crimeincluding release upon execution of an appearance bond may be conducted bytwo-way electronic audio-video communication between the defendant and thejudge in lieu of personal presence of the defendant or defendant's counsel inthe courtroom in the discretion of the court. The defendant may be accompaniedby the defendant's counsel. The defendant shall be informed of the defendant'sright to be personally present in the courtroom during such proceeding if thedefendant so requests. Exercising the right to be present shall in no wayprejudice the defendant.
(15) The magistrate may order the person to pay for anycosts associated with the supervision of the conditions of release of theappearance bond in an amount not to exceed $15 per week ofsuch supervision.
History: L. 1970, ch. 129, § 22-2802;L. 1976, ch. 163, § 6;L. 1986, ch. 130, § 1;L. 1989, ch. 98, § 1;L. 1990, ch. 107, § 1;L. 2001, ch. 177, § 2;L. 2005, ch. 35, § 1;L. 2007, ch. 145, § 3;L. 2009, ch. 30, § 1; July 1.