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CRIMINAL RULE NO. 8A

Own Recognizance-Cash Deposit

This rule establishes procedures and qualifications for Own Recognizance-Cash Deposit (10%) bonding for release from custody in certain situations. This rule provides an alternative to surety bonding or 100% cash bonding in qualifying cases, and is always subject to case-specific orders of the Court.

  1. Definitions:

    1. 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.
    2. The term "court" as used in this rule refers to the Tenth Judicial District Court of the State of Kansas, or Johnson County District Court.
    3. The term "accused person" as used in this rule means a person in custody by reason of charges in a criminal or traffic case.

  2. Court Services Officers, 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 provisions of this rule.

  3. Cases qualifying for ORCD (Own Recognizance-Cash Deposit) bonding must meet both of the following qualifications:

    1. Cases with bonds set at not more than $2,500.00; and
    2. Cases in which the most serious charge is classified as a misdemeanor, level 8, 9 or 10 non-person felony, level 4 drug felony or DUI.

  4. Accused persons qualifying for ORCD bonding must be residents of The State of Kansas with a criminal history of "G," "H," or "I," and to whom none of the following apply:

    1. Prior non-traffic bond forfeitures.
    2. Has been extradited or is awaiting extradition to another state.
    3. Has a detainer or hold from other states or federal authorities.
    4. Has been detained for an alleged violation of probation.

  5. Any accused person who qualifies under paragraph 4 above and whose case qualifies under paragraph 3 above, may deposit with the District Court Clerk cash equal to 10% of the total amount of the bond set by schedule or by the order of the charging judge, and execute a bail bond in the total amount of the bond. The Clerk shall furnish the accused a cash deposit receipt for the funds deposited. All conditions of the bond set by the Court and this rule must be satisfied by the accused person.

  6. When an accused person is released on a ORCD bond, the cash deposit shall be held by the Clerk of the Court until such time as the accused has fully performed all conditions of the bond and is discharged from all appearance and financial obligations to the Court. When the accused has been so discharged, 90% of the cash deposit shall be returned to the accused upon surrender of the cash deposit receipt issued by the Clerk. Ten percent of the cash deposit shall be retained by the Clerk as an administrative fee. Cash deposit bonds shall be placed in an interest-bearing financial institution account by the Clerk; however, no interest shall be paid to the accused on a cash deposit bond. Annually the aggregate amount of administrative fees retained and interest earned on cash deposits bail bonds shall be turned over to the General Fund of Johnson County, Kansas.

  7. A cash deposit receipt for ORCD bond shall be issued only to the person being released on bond. Any person posting cash for another person shall be informed that any cash posted as a bail bond is the property of the accused person and may be subject to forfeiture and/or application to payment of court ordered financial obligations, and will be refunded only to the accused party. Any arrangements to furnish bond money are between the lender and the accused person.

  8. All ORCD bonds issued in Johnson County, Kansas shall be subject to the condition of forfeiture and the amount deposited will become the absolute and permanent property of the State of Kansas should one or more of the following occur:

    1. Accused person makes a false statement or representation regarding the criteria for ORCD bond.
    2. Accused person fails to appear in court pursuant to court order at any stage of the proceedings.
    3. Accused person fails to report as directed to a Court Services Officer.
    4. Accused person fails to perform any other condition of bond imposed by the Court.

  9. Any person admitted to ORCD bond may be subject to Bond Supervision or other conditions imposed by the Court.

  10. 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. The participation of an accused person in this program shall be on a voluntary basis.

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