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HOUSE BILL No. 2029—page 18 admission of the defendant made at such a proceeding shall be received as evidence in any subsequent proceeding against the defendant. (m) The appearance bond and any security required as a condition of the defendant's release shall be deposited in the office of the magistrate or the clerk of the court where the release is ordered. If the defendant is bound to appear before a magistrate or court other than the one ordering the release, the order of release, together with the bond and security shall be transmitted to the magistrate or clerk of the court before whom the defendant is bound to appear. (n) Proceedings before a magistrate as provided in this section to determine the release conditions of a person charged with a crime including release upon execution of an appearance bond may be conducted by two-way electronic audio-video communication between the defendant and the judge in lieu of personal presence of the defendant or defendant's counsel in the courtroom in the discretion of the court. The defendant may be accompanied by the defendant's counsel. The defendant shall be informed of the defendant's right to be personally present in the courtroom during such proceeding if the defendant so requests. Exercising the right to be present shall in no way prejudice the defendant. (o) The magistrate may order the person to pay for any costs associated with the supervision of the conditions of release of the appearance bond in an amount not to exceed $15 per week of such supervision, except as provided in section 1 of 2026 House Bill No. 2479, and amendments thereto. As a condition of sentencing under K.S.A. 21-6604, and amendments thereto, the court may impose the full amount of any such costs in addition to the $15 per week, including, but not limited to, costs for treatment and evaluation under subsection (b). (p) (1) If a defendant is charged with rape, as described in K.S.A. 21-5503, and amendments thereto, criminal sodomy or aggravated criminal sodomy, as described in K.S.A. 21-5504, and amendments thereto, aggravated sexual battery, as described in K.S.A. 21-5505, and amendments thereto, or indecent liberties with a child or aggravated indecent liberties with a child, as described in K.S.A. 21-5506, and amendments thereto, the magistrate shall determine prior convictions of such offenses or comparable out-of-state convictions upon available evidence. (2) If the magistrate determines that such defendant has a prior conviction of any crime that constitutes a sexually violent crime as defined in K.S.A. 22-4902, and amendments thereto, bond shall be at least $750,000 cash or surety and have at least minimum conditions of no contact with any victims or witnesses and the magistrate shall place the person under a house arrest program pursuant to subsection (a)(4). Such bond shall not be reduced or modified downward unless the magistrate determines by a preponderance of the evidence at an evidentiary hearing and makes a written finding on the record that the defendant is not a public safety risk and not a flight risk. At such evidentiary hearing, there shall be a presumption that the defendant is both a public safety risk and a flight risk. (q) (1) If the affidavit establishes probable cause that the person was on probation, parole, postrelease supervision or bond for a prior felony offense at the time of the alleged commission of a charged felony offense and the person's criminal history score under the Kansas sentencing guidelines act was previously established as A, B, C, D or E, except as provided in subsection (q)(2), the court shall set a secured appearance bond in an amount not less than: (A) $50,000 if the most serious charge against the person is a severity level 7, 8, 9 or 10 felony or a drug severity level 4 or 5 felony; (B) $100,000 if the most serious charge against the person is a severity level 4, 5 or 6 felony or a drug severity level 3 felony; and (C) $250,000 if the most serious charge against the person is a severity level 1, 2 or 3 felony or a drug severity level 1 or 2 felony.