The Kentucky Constitution guarantees bail for all crimes, except capital offenses. This means that it is very rare for a suspect not to be given the opportunity to be released on bail. Article 16 of the Kentucky Constitution guarantees the right to bail for all crimes, except those punishable by the death penalty. Recently, Illinois lawmakers passed a statewide bond reform law that would significantly reduce the use of monetary bonds.
Before that, several states such as Kentucky, New Mexico and New Jersey had already reformed their cash bail system, with California being the first to completely eliminate its cash bail system. Proponents of equal justice believe that new laws that prohibit cash bail, such as the California Monetary Bail Reform Act, still give too much power to the courts. In response to this, Kentucky legislators Jason Nemes and John Blanton filed House Bill 313 (HB 313) to modify KRS 431,510 which banned the use of a bail bond agent in Kentucky in 1976. This bill extends the prohibition to make it illegal to operate a charitable bail bond organization such as The Bail Project and the Louisville Community Bail Fund. In conclusion, while Kentucky is not a no-bail state, it is important to understand the implications of HB 313 and other laws that limit access to bail. It is also important to understand how these laws can affect individuals who are unable to pay their bail and are forced to remain in jail until their trial.
