Ability to Pay

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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. § 441.265(2)(b) Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods

(b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the jail to pay, giving consideration to

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any legal obligation of the prisoner to support a spouse, minor children, or other dependents. The prisoner's interest in any jointly owned property and the income, assets, earnings, or other property owned by the prisoner's spouse or family shall not be used to determine a prisoner's ability to pay.

All

Not provided for

Not provided for Not provided for Administrative decision No

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 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"

(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

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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;
(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.

All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing Yes

Allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way.

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Kentucky Ky. Rev. Stat. Ann. § 441.265(5) "Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods"

(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical

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treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.

All

Not provided for

Before imposition of fine or fee Not provided for Administrative decision Yes

N/A

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Kentucky Ky. Rev. Stat. Ann. § 532.454(5) Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited

(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of

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the comprehensive sex offender presentence evaluation or treatment.

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Not provided for

Before imposition of fine or fee Not provided for Administrative decision No

N/A

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Kentucky Ky. Rev. Stat. Ann. § 532.354(1) Copayment for medical treatment

(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment

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by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.

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Indigency

Not provided for Not provided for Not provided for No

N/A

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Kentucky Ky. Rev. Stat. Ann. § 532.352 Reimbursement for costs of incarceration

(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D

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felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund.
(2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs.

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Not provided for

Not provided for Not provided for Not provided for No

N/A

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Kentucky Ky. Rev. Stat. Ann. § 534.040 Fines for misdemeanors and violations

(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.

Misdemeanor

Indigent

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