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Getting Out on Bail

KRS 431.066 — release on own recognizance for low risk, and $100 a day credit toward bail in jail

In deciding release, the court considers whether the defendant is a flight risk, is unlikely to appear, or is likely to be a danger, using the pretrial risk assessment. A defendant pretrial services found low risk is released on an unsecured bond or on their own recognizance; a moderate risk is released the same way, with conditions such as GPS monitoring or drug testing considered.

  • KRS 431.066
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  • Bail is enough to secure the conditions of release, not oppressive, fitted to the offense, and considers the defendant's record and ability to pay.
  • For a charge punishable by fine only, bail may not exceed the maximum fine and costs.
  • For misdemeanors, bail for all charges together may not exceed the fine and costs for the single highest misdemeanor charged.
  • KRS 431.525

Except for listed offenses, a defendant earns a credit of $100 toward bail for each day or part of a day in jail before trial, and is released when the credit covers the bail.

  • KRS 431.066
Sources for this section (2)
  1. KRS 431.066 — Pretrial release and bail options of verified and eligible defendant -- Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail
  2. KRS 431.525 — Conditions for establishing amount of bail -- Pilot projects for controlled substance or alcohol abuse testing

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.

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