Kansas lawmakers overhauled how bond works for repeat felony offenders this year, and the changes took effect July 1, 2026.
If you’re a defendant, a family member, a bail bondsman, or just a Kansan trying to keep up with the news, here’s what actually changed and why it matters.
The new bond statute – less discretion, more intervention by the legislature
The new minimum-bond rule kicks in for three specific groups of people: (1) defendants with a criminal history score of E or higher on the Kansas sentencing grid who pick up a new felony charge while they’re already under some form of supervision — probation, community corrections, a suspended sentence, parole, postrelease supervision, or bond — for a prior felony; (2): defendants not on supervision but who may be considered a flight risk or a public safety risk by the legislature; and (3) defendants charged with certain sex crimes.
Judicial discretion is not gone, but it is diminished greatly with the new bond statute.
The first group of people is people who are on supervision elsewhere for a felony at the time of the charged offense in Kansas (the date of the conduct resulting in the charge – not when the charge is brought against a person – an important distinction!) and have a criminal history of A through E on the Kansas sentencing grid.
These defendants are not able to get PR (personal recognizance) bonds at all. The Court can modify the bond if both parties (the state and defense) agree to it, OR if the defense proves by a preponderance of the evidence that the defendant is not a flight risk or a public safety risk. This requires a written finding during an evidentiary hearing.
These defendants have minimum set bonds as follows:
- If the current charge is a level 1-3 non-drug felony or a level 1-2 drug felony, the mandatory bond amount is $250,000.
- If the current charge is a level 4-8 non-drug felony or a level 3 drug felony, the mandatory bond amount is $100,000.
- If the current charge is a level 7-10 non-drug felony or a level 4-5 drug felony, the mandatory bond amount is $50,000.
K.S.A. 22-2802(c)(2) discusses bond for felonies for defendants who are not on supervision (bond, probation, parole, postrelease, etc) elsewhere.
If a person meets ANY one of these 9 factors, the legislature has deemed them to be presumed a flight risk and a public safety risk. In order to overcome that presumption and receive a PR (personal recognizance) bond, the defense must now prove by clear and convincing evidence that the defendant is not a flight or safety risk. This also requires written findings at an evidentiary hearing. Those 9 factors are:
- is a citizen of the U.S. or is an alien who is lawfully present . . . and whose status has been verified with the federal government pursuant to 8 U.S.C. § 1373(e);
- is a resident of the state of Kansas;
- has no prior felony convictions [criminal history H or I];
- has no prior history of failure to appear for any court appearances;
- has no detainer or hold from any other jurisdiction;
- has not been extradited from and is not awaiting extradition to another state;
- has not been detained for an alleged violation of probation;
- has not been charged with a felony violation of K.S.A. 8-1567 [felony DUI];
- has not been charged with an off-grid felony, a person felony or a drug severity level 1, 2, or 3 felony.
For example, let’s say a person lives in Missouri but does not have any of the other factors. That person, or their lawyer, must prove to the Court by clear and convincing evidence that they are not a flight risk nor a public safety risk before they can be granted a PR bond. All becuase they live in Missouri. Practicing criminal defense in a metropolitan area where people cross over the state line daily makes this a particularly difficult factor to deal with.
The final group is those who are being charged with a specific sex offense. If a defendant is being charged with rape, criminal sodomy or aggravated criminal sodomy, aggravated sexual battery, indecent liberties or aggravated indecent liberties, and have prior convictions for sexually motivated crimes under KSA 22-2902, the bond is required to be set at a minimum of $750,000 with mandatory house arrest and no contact with alleged victims.
The Court may reduce that bond after a hearing and written findings are made, but is not permitted to reduce the bond due to agreement of the prosecution and defense.
If you or a loved one is dealing with bond issues relating to this new statute, give Sydney a call today to talk about what your options might be.
(Nothing in this article shall be deemed official legal advice. Every situation is different)