Page 16

HOUSE BILL No. 2029—page 16 for such drug or alcohol abuse, as a condition of release; and (2) a domestic violence offense, as defined in K.S.A. 21-5111, and amendments thereto, domestic battery or aggravated domestic battery, as described in K.S.A. 21-5414, and amendments thereto, stalking, as described in K.S.A. 21-5427, and amendments thereto, or violation of a protective order as described in K.S.A. 21-5924, and amendments thereto, the magistrate shall consider ordering electronic monitoring of the person with victim notification pursuant to section 1 of 2026 House Bill No. 2479, and amendments thereto, as a condition of release. (c) (1) If a person is charged with a misdemeanor, the appearance bond shall be executed with sufficient solvent sureties who are residents of the state of Kansas unless the magistrate determines, in the exercise of such magistrate's discretion, that requiring sureties is not necessary to assure the appearance of the person at the time ordered or to assure public safety. If such person is not a citizen of the United States, such person's immigration status shall be verified with the federal government pursuant to 8 U.S.C. § 1373(e). There shall be a rebuttable presumption that a person who has been determined to be an alien unlawfully present in the United States is a flight risk. (2) (A) If a person is charged with a felony, the appearance bond shall be executed with sufficient solvent sureties who are residents of the state of Kansas unless the magistrate determines by clear and convincing evidence, after a hearing at which the person charged is present, that requiring sureties is not necessary to assure the appearance of the person at the time ordered or to assure public safety. (B) Prior to releasing a person charged with a felony without a surety, the magistrate shall determine, after a hearing at which the person is present, whether the person meets the following qualifications: (i) Is a citizen of the United States or is an alien who is lawfully present in the United States and whose status has been verified with the federal government pursuant to 8 U.S.C. § 1373(e); (ii) is a resident of the state of Kansas; (iii) has no prior felony conviction; (iv) has no prior history of failure to appear for any court appearances; (v) has no detainer or hold from any other jurisdiction; (vi) has not been extradited from and is not awaiting extradition to another state; (vii) has not been detained for an alleged violation of probation; (viii) has not been charged with a felony violation of K.S.A. 8- 1567, and amendments thereto; and (ix) has not been charged with an off-grid felony, a person felony or a drug severity level 1, 2 or 3 felony. (C) If the magistrate determines that the person does not meet one or more of the qualifications listed in subparagraph (B), there is a presumption that such person is either a flight risk or that such person's release would endanger the public. Such presumption may only be overcome by clear and convincing evidence. Prior to ordering a release of such person without a surety, the magistrate shall make a written finding on the record that such person is not a public safety risk and not a flight risk and specify which of the qualifications listed in subparagraph (B) that such person meets. (d) A deposit of cash in the amount of the bond may be made in lieu of the execution of the bond pursuant to subsection (c). Except as provided in subsection (e), such deposit shall be in the full amount of the bond and in no event shall a deposit of cash in less than the full amount of bond be permitted. Any person charged with a crime who is released on a cash bond shall be entitled to a refund of all moneys paid for the cash bond, after deduction of any outstanding restitution, costs, fines and fees, after the final disposition of the criminal case if the person complies with all requirements to appear in court. The court may not exclude the option of posting bond pursuant to subsection (c).