534.020 Methods of imposing fines -- Installment payment plan --
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/ky/534-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(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.