DCR 3.309 Pretrial Release

1. Court Services Officers (CSO), Deputy Sheriffs and Correctional Officers who are sworn in as Deputy Clerks of the District Court are authorized to permit persons in custody to post bail bonds in accordance with the Automatic Bond Schedule and sections 2, 3, 4, and 5 of this rule.

2. The Automatic Bond Schedule (ABS) is approved for the amount of bail bonds for particular crimes. For those offenses where no bond is set or is designated "see judge", the accused shall be brought before a judge of the district court at the next court date to have a bond 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 to the next first appearance to have bond set: A defendant who: (a) has been extradited or is awaiting extradition to another state.

(b) has a detainer or hold from another state or federal authority.

(c) is being detained on an arrest letter for violation of probation, parole, or bond condition.

(d) is believed, in good faith, by law enforcement or deputy clerk, to pose a danger to public safety, to be ineligible for bond under the ABS, or to lack positive identification.

4. On bonds requiring $1,000 surety or less, a Shawnee County resident eligible for bond under the ABS may be released on the person's own recognizance bond (OR) if he/she meets one of the following criteria: (a) Owns real estate located in Shawnee County in own name; or

(b) Any three of the following five: 

(1) Has been a resident of Shawnee County - for 6 months or more; 

(2) Has a valid Kansas driver's license; 

(3) Employee in Shawnee County - for 3 months or more; 

(4) Has current telephone service in his/her own name; 

(5) Is enrolled as a student in the State of Kansas; or

(c) Is on active duty military and stationed at a military base in the State of Kansas.

All factors shall be determined upon a sworn statement made under penalty of perjury by the accused or the accused's private surety. Court services officers, deputy sheriffs or correctional officers who are sworn in as deputy clerks are authorized to require further verification of any item as they deem appropriate before permitting a person in custody to post bond. Victims reflected in an arrest report cannot act as private surety on a bail bond.

5. On bonds requiring $2,500 surety or less, Shawnee County residents eligible for bond under the ABS, but not meeting the criteria at paragraph 4, may be released with a private surety if the surety completes a sworn statement and qualifies under both items (a) and (b) of paragraph 4.

6. When the appearance bond has been set at $2,500 or less and the most serious charge against the person is a misdemeanor, a severity level 8, 9, or 10 non-person felony, a drug severity level 4 felony committed prior to July 1, 2012 or drug severity level 5 felony committed after July 1, 2012, or a DUI or a refusal to submit to drug/alcohol testing, the Court may allow the person to post an Own Recognizance Cash Deposit Bond (ORCD) by posting cash in the amount of 10% of the bond if the person meets all of the following 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; 

(d) has no detainer or hold from any other jurisdiction; 

(e) has not been extradited from, and is not awaiting extradition to, another state; and

(f) has not been detained for an alleged violation of probation.

7. OR-Cash deposit and cash bonds shall be placed in an interest-bearing financial institution account by the Clerk, however, no interest shall be paid to the accused on an OR-Cash deposit bail bond. Annually the amount of interest earned on OR-Cash deposit bail bonds and cash bonds shall be turned over to the general fund of Shawnee County.

8. The OR-Cash deposit and cash bonds shall be held by the Clerk of the Court until such time as the accused is discharged from all appearances under the bond. The accused is entitled to a refund of all moneys paid for the cash bond or the OR-Cash deposit after deduction of outstanding financial obligations to the court. "Outstanding financial obligations" as used in this rule means any court ordered fines, fees, court costs or restitution, whether from the criminal case in which the bond was posted or arising from any other criminal case within the district court that remain unsatisfied.

The Clerk shall ascertain any outstanding financial obligations due from records available. If at sentencing the restitution has not been determined by the Court and one of the parties requests that the issue of restitution remain open for a period of time, no return of the deposit shall be made until the Court has entered an order of restitution or the time for determining restitution has expired. If bond deposits are intended to be applied under a diversion agreement, an order signed by a member of the District Attorney's staff and the accused or his counsel authorizing such application must be provided to the Clerk.

After the above withholdings have been ascertained and affected, any balance remaining due from such OR-Cash deposit bond or cash bond shall be returned to the accused along with an accounting of the dispersal of funds under the bond.

9. A cash receipt for an OR-Cash deposit bail bond or cash bond shall be issued only to the person being released on bond. Any person posting cash for another person is hereby placed on notice that any cash posted as a bail bond is the property of the accused person and may be forfeited, applied to payment of court ordered financial obligations, or refunded to the arrested party. Any arrangements to furnish bond money are between the lender and the accused person.

10. When an accused person who has posted a cash deposit bail bond or cash bond is discharged from all appearances and financial obligations to the court and provides identification to the Clerk, the portion of the cash deposit or cash bond not allocated to court ordered financial obligations shall be refunded to the accused or assignee by the Clerk if the accused has not failed to appear for any court proceeding.

11. All OR-Cash deposit bail bonds or cash bonds issued in this county shall be subject to the condition of forfeiture and the amount deposited will become the ABSolute and permanent property of the State of Kansas if the accused person fails to appear in court pursuant to court order at any stage of the proceedings, subject to the provisions of K.S.A. 22-2807 for possible remittitur.

12. All persons placed on bond supervision shall be required to report as directed to a court service office (CSO) or to a community corrections officer, and if ordered, shall pay a bond supervision fee of $15.00 per week pursuant to K.S.A. 22-2802(15).

13. All bail bonds issued in this judicial district are subject to this rule with the exception of civil bench warrants. Other special conditions also may be imposed by the court as a requirement of release on any bail bond.

14. No surety shall be released on an obligation on a bail bond ABSent court approval or operation of law (e.g. sentencing). If a person is arrested on an appearance bond pursuant to K.S.A. 22-2809, the surety shall provide a written sworn statement setting forth the reason(s) for a requested discharge when the person is delivered to the jail or alternatively the surety may bring the person before a judge or magistrate at which time the surety shall provide either a written or oral sworn statement to the court setting forth the reason(s) for a requested discharge. The court, the person arrested (or the person's counsel), or the surety may request a hearing regarding the reason for the discharge. The court shall release the surety from further liability on the bond upon receipt of the sworn statement or after the hearing whichever occurs later.

15. Unless bonds are set under the provisions of the Automatic Bond Schedule, bail bonds designated as OR-Cash deposit, Cash or Professional Surety shall be written only on terms specified by a judge of the district court.

16. This rule shall not limit or restrict the right of any person to seek or obtain pretrial release under other statutory methods of admitting accused persons to bail or the authority of a judge of the district court to determine bail.

17. This rule shall not apply to civil bench warrants.

18. Definitions: 

(a) The term "cash" as used in this rule means United States currency, a money order, or a bank draft or certified check drawn on a Kansas banking or savings and loan institution.

(b) The term "court" as used in this rule refers to the District Court of the Third Judicial District of the State of Kansas.

(c) The term "accused person" as used in this 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, or traffic case.

19. (a) District Judges may condition any ORS or ORS Cash Deposit bond as "with Supervision" (ORS or ORCD - Supervised) bond.

(b) Persons released under supervised conditions shall report and maintain contact with personnel of the Shawnee County Court Services designated to supervise pre-trial release or personnel with Shawnee County Community Corrections.

(c) Persons released under supervised conditions are subject to all of the Standard Conditions of Probation, as provided for in DCR. 3.308. Persons released upon supervised bonds shall be given written notice of these terms and conditions by the pretrial release supervisor.

(d) If the pretrial supervisor files an affidavit setting forth specific acts of alleged violation of a defendant's bond conditions, the reviewing judge may issue a warrant for the defendant's arrest for violation of a bond condition or set the matter for hearing to determine if a bond condition has been violated. If the judge issues a warrant for the defendant's arrest for violation of a bond condition, the appearance bond is revoked upon the execution of the warrant pursuant to K.S.A 22-2807(2). Pursuant to K.S.A. 22-2802 et seq, the judge shall set a new bond.

Revised: May 29, 2018