Ability to Pay

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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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 Kentucky Ky. Rev. Stat. Ann. § 23A.205 Court costs for criminal cases in Circuit Court; payment required; exceptions

(1) Court costs for a criminal case in the Circuit Court shall be one hundred dollars ($100).
(2) The taxation of court costs against a defendant, upon conviction in a

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case, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.
(3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020.

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"A poor person" as defined by statute.

 Not provided for Not provided for Not provided for No

Fee probation, suspension, proration, deduction, or other form of nonimposition
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 Kentucky Ky. Rev. Stat. Ann. § 23A.208(3) Additional fee for sex crime, stalking, or related inchoate offenses

(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or

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financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.

 All Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing No

Waive portion of surcharge.

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