FINES

KRS tit. L, ch. 534

in effect

KRS 534.010 Definition

534.010. Definition The following definition applies in this chapter unless the context otherwise requires: "Gain" means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed. Effective: January 1, 1975. History: Created 1974 Ky. Acts ch. 406, sec. 290, effective January 1, 1975.

KRS 534.020 Methods of imposing fines -- Installment payment plan -- Determination of reason for defendant's default -- Show cause hearing -- Certain installment payments not to be reported as liquidated debt

534.020. Methods of imposing fines -- Installment payment plan -- Determination of reason for defendant's default -- Show cause hearing -- Certain installment payments not to be reported as liquidated debt (1) When a defendant is sentenced to pay court costs, fees, or fines, the court may provide for payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, then the court costs, fees, or fines shall be payable forthwith. (2) If the court establishes an installment payment plan for a defendant to pay the full amount of court costs, fees, or fines: (a) The defendant shall be given notice of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall indicate that if the defendant has not complied with the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. This notice shall be given to the defendant in writing on a form provided by the Administrative Office of the Courts; (b) Except as provided in subsection (3) of this section, all court costs, fees, and fines shall be paid within one (1) year of the date of sentencing notwithstanding any remaining restitution or other monetary penalty owed by the defendant and arising out of the conviction; and (c) Installment payments shall be applied first to court costs, then to restitution, then to fees, and then to fines. (3) (a) If a defendant is required to appear at a show cause hearing pursuant to subsection (2)(a) of this section, the court shall determine whether the defendant's default in payment of court costs, fees, or fines is: 1. Excusable due to an inability to pay, and if so, the court may enter an order allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way; or 2. Willful and not due to an inability to pay, and if so, the court may order the defendant to jail on the condition that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070. (b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070. (4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after: (a) The court costs, fees, or fines have not been paid; and (b) 1. The show cause hearing has been held pursuant to subsections (2)(a) and (3)(a) of this section; or 2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section. (5) Court costs, fees, or fines being paid under an installment payment plan that is actively monitored by the court shall not be reported as part of the inventory of liquidated debt pursuant to KRS 45.241. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 4, effective June 29, 2017. -- Amended 2002 Ky. Acts ch. 183, sec. 38, effective August 1, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 291, effective January 1, 1975.

KRS 534.030 Fines for felonies

534.030. Fines for felonies (1) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater. (2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense. (3) When a defendant is convicted of two (2) or more felonies committed through a single act and is sentenced to fines pursuant to subsection (1), the aggregate amount of the fines shall not exceed ten thousand dollars ($10,000) or double the amount of the defendant's gain from commission of the offenses, whichever is the greater. (4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31. (5) This section shall not apply to a corporation. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 403, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 497, sec. 6, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 101, sec. 7, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 292, effective January 1, 1975.

KRS 534.040 Fines for misdemeanors and violations

534.040. Fines for misdemeanors and violations (1) Fines and imprisonment for misdemeanors shall not be mutually exclusive. In any case where imprisonment is authorized, a fine may be levied in addition to the imprisonment, or a fine may be levied as an alternative to imprisonment. Similarly, a fine may be levied in lieu of imprisonment. Whether the fine is to be levied as the sole penalty or as an additional or alternative penalty shall be in the discretion of the judge or jury as the case may be. If the trial is by jury, the jury shall have the discretion. This rule shall apply in all cases where a fine is not the exclusive penalty authorized by law. (2) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any offense other than a felony shall be sentenced, in addition to any other punishment imposed upon him, to pay a fine in an amount not to exceed: (a) For a Class A misdemeanor, five hundred dollars ($500); or (b) For a Class B misdemeanor, two hundred fifty dollars ($250); or (c) For a violation, two hundred fifty dollars ($250). (3) This section shall not apply to a corporation. (4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 62, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 7, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 101, sec. 8, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 293, effective January 1, 1975. Legislative Research Commission Note. Although this section was included in Acts 1978, ch. 101, § 8, as having been amended, there appears to be no change in this section.

KRS 534.045 Assessment of reimbursement fee against jail prisoners -- Collection -- Fee determination -- Relevant evidence -- Modification

534.045. Assessment of reimbursement fee against jail prisoners -- Collection -- Fee determination -- Relevant evidence -- Modification (1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer. (2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee but shall not consider as evidence the following: (a) Joint ownership, if any, that the prisoner may have in real property; (b) Joint ownership, if any, that the prisoner may have in any assets, earnings, or other sources of income; and (c) The income, assets, earnings, or other property, both real and personal, that might be owned by the prisoner's spouse or family. (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged. (4) If the person sentenced to jail is released in accordance with the provisions of KRS 439.179 and is subject to the provisions of KRS 439.179(4), the payment of the reimbursement fee shall be suspended so long as the person is gainfully employed. (5) When imposing any payment authorized by this section, the court shall order the defendant to make the payment to the named officer, person, or organization. The court shall not order any payment authorized by this section to be made through the circuit clerk. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 39, effective August 1, 2002. -- Amended 1992 Ky. Acts ch. 334, sec. 1, effective July 14, 1992; and ch. 368, sec. 2, effective July 14, 1992. - Created 1982 Ky. Acts ch. 385, sec. 48, effective July 1, 1982. Legislative Research Commission Note (7/14/92). This section was amended by 1992 Acts chs. 334 and 368 which are in conflict. Pursuant to KRS 446.250, Act ch. 368 which was last enacted by the General Assembly prevails.

KRS 534.050 Fines against corporations

534.050. Fines against corporations (1) For an offense defined in this code a corporation convicted of an offense may be sentenced to pay a fine in an amount not to exceed: (a) For a felony of any class, $20,000; or (b) For a Class A misdemeanor, $10,000; or (c) For a Class B misdemeanor, $5,000; or (d) For a violation, $500; or (e) Double the amount of the defendant's gain from commission of the offense, whichever is the greater. (2) For an offense defined outside this code for which no special corporate fine is specified, a corporation convicted of an offense may be sentenced to pay a fine in an amount not to exceed: (a) $20,000, if the offense when committed by an individual has an authorized term of imprisonment in the penitentiary; or (b) $10,000, if the offense when committed by an individual has an authorized term of imprisonment of not less than ninety (90) days nor more than twelve (12) months; or (c) $5,000, if the offense when committed by an individual has an authorized term of imprisonment of less than ninety (90) days; or (d) $500, if the offense when committed by an individual has no authorized term of imprisonment; or (e) Double the amount of the defendant's gain from commission of the offense, whichever is the greater. (3) For an offense defined outside this code for which a special corporate fine is specified, a corporation convicted of the offense may be sentenced to pay a fine in the amount specified in the law that defines the offense. Effective: January 1, 1975. History: Created 1974 Ky. Acts ch. 406, sec. 294, effective January 1, 1975.

KRS 534.060 Consequence of failure to pay fines imposed on corporations

534.060. Consequence of failure to pay fines imposed on corporations When a fine is imposed on a corporation, it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from assets of the corporation. The failure of such persons to do so shall render them subject to imprisonment under subsections (1) and (2) of this section. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 5, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 156, sec. 4, effective July 12, 2012. -- Created 1974 Ky. Acts ch. 406, sec. 295, effective January 1, 1975.

KRS 534.070 Incarceration for failure to pay fine or court costs or failure to appear in court -- Daily credit against fine or court costs for time served -- Application of partial payment

534.070. Incarceration for failure to pay fine or court costs or failure to appear in court -- Daily credit against fine or court costs for time served -- Application of partial payment (1) A defendant who has been sentenced to jail for failure to pay court costs, fees, or fines or for failure to appear in court on a date set for the sole purpose of addressing nonpayment of court costs, fees, or fines shall receive credit against the court costs, fees, or fines owed for each day the defendant spends in jail at the following rates: (a) Fifty dollars ($50) per day if the defendant does not work at a community service or community labor program; or (b) One hundred dollars ($100) per day if the defendant works eight (8) hours per day at a community service or community labor program. If the defendant works less than eight (8) hours in a community service or community labor program, the defendant shall be allowed an amount of one-eighth (1/8) of the one hundred dollars ($100) for each hour worked in a community service or community labor program. (2) Credit against court costs, fees, or fines earned by a defendant pursuant to this section shall prohibit the collection of any part of court costs, fees, or fines which has been credited pursuant to this section, and that portion of the court costs, fees, or fines shall be considered paid. (3) (a) The jailer shall be responsible for monitoring a defendant's community service and tracking the number of days to be served to pay any outstanding court costs, fees, or fines. (b) Unless the defendant is incarcerated pursuant to orders in other cases, upon the service of sufficient days in jail to have sufficient credit to satisfy the court costs, fees, or fines, the defendant shall be released from jail. (4) If a partial payment is made by the defendant or on behalf of a defendant, that payment shall be applied first to court costs, then to fees, and then to fines pursuant to KRS 534.020 prior to the application of any credit earned pursuant to this section. Credit earned pursuant to this section shall not be applied to restitution. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 6, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 156, sec. 5, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 2, sec. 86, effective June 8, 2011.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39406Fetched: 10/20/2026