Rule 23 - Court Operated Bond Program This administrative rule which shall become effective February 1, 1998, establishes procedures and qualifications for release of accused persons from custody in situations other than upon a specific order from a judge of the district court.
1. Court services officers, deputy sheriffs and corrections officers who are sworn to their oaths as deputy clerks of the district court are authorized to permit persons in custody to post bail bonds and be admitted to bail in accordance with the provisions of this administrative rule. 2. The attached Automatic Bond Schedule ("ABS") sets forth the approved amounts for bail bonds for certain offenses. For other offenses where no bond is set, the accused person shall be brought before a judge of the district court as soon as the court is available to have a bond set. A judge of the district court shall be contacted within 48 hours if an accused person is in custody and no bond has been set. 3. Notwithstanding the ABS, persons in custody with any of the following conditions are not eligible for an ABS bond and shall be brought before a judge of the district court to have bond set: (a) Has had a prior bond forfeiture; (b) Has been extradited or is awaiting extradition to another state; (c) Has a detainer or hold from another state or federal authorities; (d) Has a prior conviction of a felony classified as A, B or C or Levels 1 through 5, inclusive; or, (e) Has been detained for a violation of probation. (f) If a court services officer, deputy sheriff or corrections officer sworn as a deputy clerk of the district court believes in good faith that the accused may flee or poses a danger to public safety, the setting of a bond shall be referred to a judge of the district court. 4. On bonds requiring a bond amount of $1,000 or less, residents of the Twelfth Judicial District who are eligible for bond under the ABS may be released on the person's own recognizance bond ("OR") if they meet one of the following criteria: (a) Own real estate located in the state of Kansas; or, (b) Any two of the following five: i) Is a resident of the Twelfth Judicial District and has been for more than 6 months; ii) Has a valid Kansas driver's license;iii) Is employed in the Twelfth Judicial District and has been for more than 3 months; iv) Has a current telephone service in his/her name; v) Is enrolled as a student in the state of Kansas; or, (c) Is on active duty in the military and stationed at a military base in the state of Kansas. All facts shall be determined based upon a sworn statement made under penalty of perjury by the accused person or the accused person's private surety. Court services officers, deputy sheriffs and corrections officers who are sworn as deputy clerks of the district court are authorized to require further verification of any information as they deem appropriate before permitting a person in custody to post bond. Victims named in an arrest report cannot act as a private surety on a bond.
5. On bonds requiring a bond amount of $1,000 or less, residents of the Twelfth Judicial District who are eligible for bond under the ABS, but not meeting the criteria of paragraph 4., may be released on bond with a private surety if the surety completes a sworn statement and qualifies under both (a) and (b) of paragraph 4. 6. On bonds requiring a bond amount of less than $1,000, residents of the Twelfth Judicial District who are eligible for OR-cash deposit bond under the ABS may be released by posting a personal recognizance cash deposit bond ("OR-cash deposit bond"). On bonds requiring a bond amount of more than $1,000 and up to $2,500, residents of the Twelfth Judicial District who are eligible for bond under the ABS, may be released by posting an OR-cash deposit bond and meeting one of the criteria set forth in paragraph 4., sections (a), (b) or (c). A resident of the Twelfth Judicial District who is eligible for release under the ABS, but not meeting the criteria of paragraph 4. may be released by posting an OR-cash deposit bond and obtaining a private surety who qualifies under both items (a) and (b) of paragraph 4. 7. A person may be admitted to bail on an OR-cash deposit bond who meets the criteria set forth in this administrative rule or upon special screening and recommendation of a person authorized to permit posting of a bond in accordance with this administrative rule. Any person determined eligible to be admitted to bail on an OR-cash deposit bond shall deposit with the clerk of the district court cash equal to 10 percent of the amount of the bond and execute a bond in the total amount of the bond. All other conditions of the bond set by the court and this administrative rule must be satisfied. 8. When an accused person qualifies for an OR-cash deposit bond, the cash deposit shall be held by the clerk of the district court until such time as the accused person has fully performed all conditions of the bond and is discharged from the person's obligation by the court. A cash receipt shall be issued by the clerk of the court to the accused person. When an accused person has been so discharged, 90% of the cash deposit shall be returned to the accused person upon surrender of the cash deposit receipt previously issued by the clerk of the district court. Ten percent of the cash deposit shall be retained by the clerk of the district court as an administrative fee. Cash deposit bond funds shall be paid to the general fund of the county from which the bond originated. 9. . A cash receipt for an OR-cash deposit bond shall be issued only to the accused person being released on bond. Any person posting cash for another person shall be informed that any cash posted as a bond becomes the property of the accused person and may be subject to forfeiture and applied to the payment of fines, court costs (including attorneys' fees), fees and restitution, and will be refunded only to the accused person. Any arrangement to furnish bond money to or for the accused person is a matter between the lender and the accused person. 10. When an accused person who has posted an OR-cash deposit bond is discharged from the person's obligation to the court and files the receipt for the cash deposit with the clerk of the district court, the refundable portion of the cash deposit may be applied upon order of the court to the payment of fines, court costs (including attorneys' fees), fees and restitution. 11. All OR-cash deposit bonds issued in the Twelfth Judicial District shall be subject to forfeiture and the amount deposited shall become the absolute and permanent property of the district court or county where the bond originated should one or more of the following occur: (a) The accused person or surety makes a false statement or representation regarding the criteria for an OR-cash deposit bond as set forth in paragraphs 3. through 6., inclusive, above; (b) The accused person fails to appear in court pursuant to a court order at any stage of the proceedings upon due notice thereof; (c) The accused person fails to report as directed to a court services officer; or, (d) The accused person fails to perform any other condition of bond imposed by the court. 12. All persons admitted to bail on OR or OR-cash deposit bond shall be required to report as directed to a court services officer. 13. Other special conditions may also be imposed by the court as a requirement of release on OR or OR-cash deposit bonds. All private or professional surety bonds in the Twelfth Judicial District shall have as a condition that the surety shall agree to remain liable on any bond until all proceedings arising out of the arrest or case for which the bond was posted are concluded and the surety is released by court order. No surety shall be released on a bond obligation without court approval. Any interested party, including a surety or an accused person arrested and turned in on a bond by a surety, may file a motion with the court for a determination of whether the bond should be revoked or continued in force.
15. Bonds designated as OR-cash, cash or professional surety shall be written only on terms and conditions as are specified by a judge of the district court. An accused person upon request may be released on a professional surety bond when a cash or an OR-cash deposit bond has been specified. 16. This administrative rule shall not limit or restrict the right of any person to seek or obtain pretrial release under statutory methods of admitting accused persons to bail or the authority of a judge of the district court to determine bail. The participation of an accused person in this release program is voluntary. 17. This rule shall not apply to civil bench warrants. 18. Definitions: (a) The term "accused person" as used in this administrative rule means a person in custody by reason of an arrest report or a defendant in a criminal, driving under the influence of drugs or alcohol, traffic misdemeanor or traffic offense case.(b) The term "bond" as used in this rule means a bail bond. (c) The term "cash" as used in this rule means United States currency, a money order, a bank draft, a cashier's check or certified check drawn on a commercial banking or savings and loan institution. (d) The term "court" as used in this rule refers to the district courts of the Twelfth Judicial District, viz: Cloud, Jewell, Lincoln, Mitchell, Republic and Washington Counties.