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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Kentucky Ky. Rev. Stat. Ann. § 431.068 Use of alcohol monitoring device as condition of pretrial release
When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate-risk or high-risk defendant, the court considering the release may order as
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a condition of pretrial release that the person use an alcohol monitoring device during all or part of the person's period of pretrial release. All costs associated with the alcohol monitoring device, including administrative and operating costs, shall be paid by the defendant.
Costs
All Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 532.032 Restitution
(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS
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439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition. (2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement. (3) If probation, shock probation, conditional discharge, or other alternative sentence is granted, restitution shall be a condition of the sentence. (4) If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole. (5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county...Restitution shall be ordered in the full amount of the damages, unless the damages exceed one hundred thousand dollars ($100,000) or twice the amount of the gain from the commission of the offense, whichever is greater, in which case the higher of these two (2) amounts shall be awarded
$0 - $100000

Cost of restitution
All Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 532.034 Restitution for financial loss resulting from theft of identity or trafficking in stolen identities
 person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a
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result of the violation. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.
Cost of restitution
All Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 533.010 Criteria for utilizing chapter; alternative sentences; monitoring by private agency; work release
When the court deems it in the best interest of the defendant and the public, the court may order the defendant to placement for probation monitoring by a private agency.
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The private agency shall report to the court on the defendant's compliance with his or her terms of probation or conditional discharge. The defendant shall be responsible for any reasonable charges which the private agency charges.
Cost of supervision
All Yes Court Yes
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Kentucky Ky. Rev. Stat. Ann. § 534.045 Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification
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
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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
Costs
All No Court No
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Kentucky Ky. Rev. Stat. Ann. § 533.030(2)(l) Conditions of probation and conditional discharge
When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant...Submit to periodic testing for the use of
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controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court
Costs
All Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 533.030(2)(m) Conditions of probation and conditional discharge
When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant...Use an alcohol monitoring device, as defined in
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KRS 431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant. If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section
Costs
All Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 533.030(3)(b) Restitution to victim
The circuit clerk shall assess an additional fee of five percent (5%) to defray the administrative costs of collection of payments or property. This fee shall be paid by the
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defendant and shall inure to a trust and agency account which shall not lapse and which shall be used to hire additional deputy clerks and office personnel or increase deputy clerk or office personnel salaries, or combination thereo
5% of the cost of restitution
All Yes Clerk no
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Kentucky Ky. Rev. Stat. Ann. § 534.030 Fines for felonies
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,
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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.
$1000.00 - $10000.00 Felony Yes Court No
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Kentucky Ky. Rev. Stat. Ann. § 534.040(2)(a) Fine for Class A Misdemeanors
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
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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).
$0.00 - $500.00 Misdemeanor Yes Court No
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Kentucky Ky. Rev. Stat. Ann. § 534.020(3)(b),(4) 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

(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

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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.

Other All No
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Kentucky Ky. Rev. Stat. Ann. § 534.070(1) 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

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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 . . . 

Incarceration All No
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Kentucky Ky. Rev. Stat. Ann. § 431.100
Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding; fines and forfeitures go to Commonwealth; disposition of fines from offenses relating to alcohol
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and to criminal littering; monetary . . .

When a money judgment is entered against a defendant in a criminal proceeding and each sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit,

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compensation, salary, or other transfer of money from the Commonwealth of Kentucky to such defendant an amount equal to the unpaid amount of the judgment. Under no circumstances shall the general fund be used to reimburse court costs or pay for judgment.

Wage/bank account garnishment All Yes
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Kentucky Ky. RCr 2.05 Bench Warrants

Whenever a witness or defendant fails to appear in court as duly required, the presiding judge may issue a warrant for his or her arrest without the necessity of a

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supporting affidavit or complaint.

Other All No
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Kentucky Ky. Rev. Stat. Ann. § 534.020(1) 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

When a defendant is sentenced to pay a fine, the court may provide for payment to be made within a specified period of time or in specified installments. If no

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such provision is made a part of the sentence, then the fine shall be payable forthwith.

Payment plan/installment plan All No
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Kentucky Ky. Rev. Stat. Ann. § 532.033(8) Order of restitution

When a judge orders restitution, the judge shall:

(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order

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have been successfully completed.

Condition or extension of supervision All Yes
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Kentucky Ky. Rev. Stat. Ann. § 24A.175(4) Court cost enforcement

(4) If the court finds that the defendant does not meet the standard articulated in subsection (3) of this section and that the defendant is nonetheless unable to pay the

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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.

Payment plan/installment plan All No
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Kentucky Ky. Rev. Stat. Ann. § 441.265(3),(5)-(7) Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods

(3) The jailer or his designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the

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jailer, contract with one (1) or more public agencies or private vendors to perform this billing and collection. Within twelve (12) months after the date of the prisoner's release from confinement, the county attorney, jailer, or the jailer's designee, may file a civil action to seek reimbursement from that prisoner for any amount owed which remains unpaid . . .

(6) Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his account, a deduction may be made creating a negative balance. If funds become available or if the prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's property or canteen account.

(7) Prior to the prisoner's release, the jailer or his designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented with a billing statement produced by the jailer or designee. After the prisoner's release, the jailer or his designee may, after negotiation with the prisoner, release the prisoner from all or part of the prisoner's repayment obligation if the jailer believes that the prisoner will be unable to pay the full amount due.

Civil judgment All No
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Kentucky Ky. Rev. Stat. Ann. § 532.162(2) Order as lien upon earnings; circuit clerk to disburse; fee

(2) The circuit clerk's office shall disburse all collected reimbursement, restitution, and fees to the victim, the Kentucky Claims Commission, or the local government, whichever is appropriate. The clerk shall

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be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk's office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment.

Increased fine All No
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Kentucky Ky. Rev. Stat. Ann. § 532.160(1) Criminal garnishment

(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with

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KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 49.480 and for court costs, restitution, and reimbursement charges in this chapter.

Wage/bank account garnishment All No
Ability to Pay
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. § 533.030(2)(l) Conditions of probation and conditional discharge; restitution to victim

(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant:

(l) Submit to periodic testing for the

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use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;

All

Not provided for

Not provided for Not provided for Determined by judge without hearing No

Fee waived

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Kentucky Ky. Rev. Stat. Ann. § 533.030(2)(m) Conditions of probation and conditional discharge; restitution to victim

(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant:

(m) Use an alcohol monitoring device, as

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defined in KRS 431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant.  If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of probation or conditional discharge provided for in this section;

All

Indigency

Not provided for Not provided for Not provided for Yes

Alternative method of probation or conditional discharge imposed

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Kentucky Ky. Rev. Stat. Ann. § 534.030(2) Fines for felonies

(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

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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.

Felony Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 534.045(1)-(3) 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

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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 . . . 

(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.

All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6) Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal

(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when

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the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.

(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services...

(6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.

All

Indigency

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 31.211(1)
Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds
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placed in special trust and agency account

At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation,

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the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110

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Kentucky Ky. Rev. Stat. Ann. § 24A.175 Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant

The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not

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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.

All

Not provided for

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

Not specified

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Kentucky Ky. Rev. Stat. Ann. § 24A.178(3) Additional fee for sex crime, stalking, or related inchoate offenses

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 financially

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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

"Indigent or financially unable to pay"

Not provided for Not provided for Not provided for No

Waiver of fee

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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.

Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Kentucky Ky. Rev. Stat. Ann. § 532.032(1),(5) Restitution

(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS

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439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition.
(5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county.

Court
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Kentucky Ky. Rev. Stat. Ann. § 24A.178(2) Additional fee for sex crime, stalking, or related inchoate offenses

The first one dollar and fifty cents ($1.50) of each fee collected under this section shall be placed into the general fund, and the remainder of the fee shall be

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allocated by the clerk of the court on a quarterly basis to the address protection program fund established in KRS 14.260 to be used solely to establish, operate, and maintain the confidential address protection program established in KRS 14.260.

State/statewide agency

State program for victim address protection program

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Kentucky Ky. Rev. Stat. Ann. § 24A.176(3)-(5)  Additional costs imposed in criminal cases; funds distributed to local governments and counties; funds used for police, jails, and transport of prisoners

(3) The circuit clerk shall pay the funds from fees collected under this section to the Finance and Administration Cabinet pursuant to KRS 24A.175 for distribution as provided in subsection (5) of

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this section to local governments with police departments or local governments that contract for police services, and to counties with fiscal responsibilities for jails or the transporting of prisoners.

(4) All funds distributed to local governments shall be used for payment of expenses for operation of the local government's police department or contracted police services. All funds distributed to counties with fiscal responsibilities for jails or the transporting of prisoners shall be used for the payment of costs associated with the housing or transporting of prisoners.

(5) Payments shall be distributed quarterly by the Finance and Administration Cabinet beginning October 1, 2004, as follows: (a) Thirty percent (30%) of the total shall be distributed equally to all local governments with police departments or local governments that contract for police services; (b) Fifty percent (50%) of the total shall be distributed to local governments with police departments on a per capita basis according to the number of certified police officers employed by the police department on July 1 each year or providing services to the local government pursuant to a contract on July 1 of each year. For purposes of this subsection, each local government that contracts for police services shall be considered to employ one (1) police officer for each sixty thousand dollars ($60,000) it expends during each fiscal year for police services under a written contract; and (c) Twenty percent (20%) of the total shall be distributed equally to counties with fiscal responsibilities for jails or the transporting of prisoners.

County

County law enforcement and county jails

Misdemeanor
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Kentucky Ky. Rev. Stat. Ann. § 441.265(4) Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods

Any fees or reimbursement received under this section shall be forwarded to the county treasurer for placement in the jail's budget.

County

county jail

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Kentucky Ky. Rev. Stat. Ann. § 431.100(2)
Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding; fines and forfeitures go to Commonwealth; disposition of fines from offenses relating to alcohol
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and to criminal littering; monetary . . .

Except as provided in this section, all fines and forfeitures imposed by law or ordinance shall inure to and vest in the Commonwealth.

State/statewide agency N/A All
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Kentucky Ky. Rev. Stat. Ann. § 431.100(4) Withholding of money payable by Commonwealth to defendant

Sixty percent (60%) of fines for violation of KRS 512.070 [Criminal Littering] shall, when collected, be transferred by the circuit clerk to the county treasurer for inclusion in the general fund of

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the county in which the offense occurs and forty percent (40%) shall be transferred to the agency that issued the citation.

County

Local law enforcement agency

Misdemeanor
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Kentucky Ky. Rev. Stat. Ann. § 431.100(3) Withholding of money payable by Commonwealth to defendant

Fines and forfeitures imposed by law for violation of KRS 222.202 [Offenses of alcohol intoxication or drinking alcoholic beverages in a public place] or ordinances relating to similar subject matter shall inure

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to and vest in the Commonwealth and shall be placed in a special fund in the State Treasury, which shall not lapse, and which, effective July 1, 1987, shall be used solely by the Cabinet for Health and Family Services for the provision of treatment and counseling programs for alcoholics.

State/statewide agency N/A Misdemeanor
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Kentucky Ky. Rev. Stat. Ann. § 31.211(1)-(3)
Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds
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placed in special trust and agency account

(1) At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal

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representation, the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.

(2) If the partial fee, or any portion thereof, is not paid by the due date, the court's order is a civil judgment subject to collection under Civil Rule 69.03 and KRS Chapter 426.

(3) All moneys received by the public advocate from indigent defendants pursuant to subsection (1) of this section shall be credited to the public advocate fund of the county in which the trial is held if the county has a plan pursuant to KRS 31.060 or 31.065(1) which has been approved by the public advocate pursuant to KRS 31.050. Moneys credited to a county public advocate fund may be used only to support the public advocate program of that county.

County

Municipality/municipal agency

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Kentucky Ky. Rev. Stat. Ann. § 189A.050 Driving Under the Influence: Service fee; amount; payment; remedies for nonpayment; use of revenue from fees collected

(1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) shall be sentenced to pay a service fee of three hundred seventy-five dollars ($375), which shall be in

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addition to all other penalties authorized by law.

(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 534.020 and KRS 534.060.

(3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid into the general fund, and the remainder of the revenue collected from the service fee imposed by this section shall be utilized as follows: (a) Twelve percent (12%) of the amount collected shall be transferred to the Department of Kentucky State Police forensic laboratory for the acquisition, maintenance, testing, and calibration of alcohol concentration testing instruments and the training of laboratory personnel to perform these tasks; (b) Twenty percent (20%) of the service fee collected pursuant to this section shall be allocated to the Department of Public Advocacy; (c) One percent (1%) shall be transferred to the Prosecutor's Advisory Council for training of prosecutors for the prosecution of persons charged with violations of this chapter and for obtaining expert witnesses in cases involving the prosecution of persons charged with violations of this chapter or any other offense in which driving under the influence is a factor in the commission of the offense charged; (d) Sixteen percent (16%) of the amount collected shall be transferred as follows: 1. Fifty percent (50%) shall be credited to the traumatic brain injury trust fund established under KRS 211.476; and 2. Fifty percent (50%) shall be credited to the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities, for the purposes of providing direct services to individuals with brain injuries that may include long-term supportive services and training and consultation to professionals working with individuals with brain injuries. As funding becomes available under this subparagraph, the cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the services permitted by this subparagraph; (e) Any amount specified by a specific statute shall be transferred as provided in that statute; (f) Forty-six percent (46%) of the amount collected shall be transferred to be utilized to fund enforcement of this chapter and for the support of jails, recordkeeping, treatment, and educational programs authorized by this chapter and by the Department of Public Advocacy; and (g) The remainder of the amount collected shall be transferred to the general fund.

(4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be placed in trust and agency accounts that shall not lapse.

State/statewide agency

Public Defender office, state police, state prosecutors, state programs

Misdemeanor
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Kentucky Ky. Rev. Stat. Ann. § 24A.179 Additional fee for expenses of Kentucky Internet Crimes Against Children Task Force

In addition to the twenty dollar ($20) fee created by KRS 24A.176 and the ten dollar ($10) fee created by KRS 24A.1765, a ten dollar ($10) fee shall be added in misdemeanor cases

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to the costs imposed by KRS 24A.175. The fee collected under this section shall be allocated to the Department of Kentucky State Police for the training, salaries, and equipment of the Kentucky Internet Crimes Against Children Task Force.

Law enforcement N/A Misdemeanor
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Kentucky Ky. Rev. Stat. Ann. § 533.030(3)(b) Conditions of probation and conditional discharge; restitution to victim

The circuit clerk shall assess an additional fee of five percent (5%) to defray the administrative costs of collection of payments or property. This fee shall be paid by the

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defendant and shall inure to a trust and agency account which shall not lapse and which shall be used to hire additional deputy clerks and office personnel or increase deputy clerk or office personnel salaries, or combination thereof;

State courts N/A All
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Kentucky Ky. Const. § 111(2) Ky. Const. § 111

The Court of Appeals shall have appellate jurisdiction only, except that it may be authorized by rules of the Supreme Court to review directly decisions of administrative agencies of the

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Commonwealth, and it may issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause within its appellate jurisdiction. In all other cases, it shall exercise appellate jurisdiction as provided by law.

Jurisdiction of the courts
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Kentucky Ky. Const. § 110 Ky. Const. § 110(2)

(2) (a) The Supreme Court shall have appellate jurisdiction only, except it shall have the power to issue all writs necessary in aid of its appellate jurisdiction, or the complete determination

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of any cause, or as may be required to exercise control of the Court of Justice.

(b) Appeals from a judgment of the Circuit Court imposing a sentence of death or life imprisonment or imprisonment for twenty years or more shall be taken directly to the Supreme Court. In all other cases, criminal and civil, the Supreme Court shall exercise appellate jurisdiction as provided by its rules.

Jurisdiction of the courts
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Kentucky Ky. Const. § 112(1),(5) Ky. Const. § 112

(1) Circuit Court shall be held in each county 

(5) The Circuit Court shall have original jurisdiction of all justiciable causes not vested in some other court. It shall have such appellate

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jurisdiction as may be provided by law.

Jurisdiction of the courts
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Kentucky Ky. Const. § 113(1),(6) Ky. Const. § 113

(1) District Court shall be held in each county.

(6) The district court shall be a court of limited jurisdiction and shall exercise original jurisdiction as may be provided by the

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General Assembly.

Jurisdiction of the courts
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Kentucky Ky. Const. § 24A.110 District Court: Criminal jurisdiction

(1) The District Court shall have exclusive jurisdiction to make final disposition of all criminal matters, including violations of county, urban-county, or city ordinances or codes, except:
(a) Offenses denominated

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by statute as felonies or capital offenses; and
(b) Offenses punishable by death or imprisonment in the penitentiary.
(2) The District Court has exclusive jurisdiction to make a final disposition of any charge or a public offense denominated as a misdemeanor or violation, except where the charge is joined with an indictment for a felony, and all violations of county, urban-county, or city ordinances and, prior to trial, to commit the defendant to jail or hold him to bail or other form of pretrial release.
(3) The District Court has, concurrent with Circuit Court, jurisdiction to examine any charge of a public offense denominated as a felony or capital offense or which may be punished by death or imprisonment in the penitentiary and to commit the defendant to jail or hold him to bail or other form of pretrial release.

Jurisdiction of the courts
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Kentucky Ky. Const. § 23A.110 Jurisdiction of Circuit Court; court of record and of continuous session

(1) The Circuit Court is a court of general jurisdiction; it has original jurisdiction of all justiciable causes not exclusively vested in some other court.
(2) The Circuit Court has

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appellate jurisdiction as specified in this chapter.

Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Kentucky Maynes v. Com., 361 S.W.3d 922, 929 (Ky. 2012)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
The court may consider not only current ability to pay but future ability to pay as well
Having carefully considered the applicable statutes, we conclude that the trial court was authorized under Kentucky law to impose court costs despite Maynes's status as an indigent defendant entitled to
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the services of a public defender. While the directive in KRS 31.110(1) that the court “shall waive all costs” for such defendants seems mandatory at first blush, a full reading of the 1972 legislation and the current DPA Act belies that conclusion. From its inception through the present, the DPA Act has allowed for imposition of costs against those DPA-represented defendants who can afford to pay. Moreover, a person may qualify as “needy” under KRS 31.110 because he cannot afford the services of an attorney yet not be “poor” under KRS 23A.205 as it has existed since 2002 unless he is also unable to pay court costs without “depriving himself or his dependents of the necessities of life, including food, shelter or clothing.” Finally, the KRS 23A.205 directive to consider not only the defendant's present ability to pay court costs but also his ability “in the foreseeable future” cannot be overlooked. The trial court's determination here that Maynes would be able to earn enough within the six months following his sentencing to afford the costs required by KRS 23A.205 is not clearly erroneous and, thus, the Court of Appeals correctly upheld the portion of Maynes's sentence imposing those costs.
Ability to pay
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Kentucky McEntire v. Com., 344 S.W.3d 125, 128 (Ky. Ct. App. 2010) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Yes, the state court must first hold a nonadversarial hearing to determine an individual's ability to pay a public defender fee before imposing the fee On remand, the trial court shall hold a “nonadversarial hearing” to determine whether McEntire has the ability to pay the assessed costs and fees as required by KRS 31.211(1). Ability to pay