2006 Kentucky Revised Statutes - .060   Response to nonpayment of fines.

534.060 Response to nonpayment of fines. (1) When an individual sentenced to pay a fine defaults in the payment of the fine or any installment, the court upon motion of the prosecuting attorney or upon its own motion may require him to show cause why he should not be imprisoned for nonpayment. The court may issue a warrant of arrest or a summons for his appearance. (2) Following an order to show cause under subsection (1), unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court and not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, the court may order the defendant imprisoned for a term not to exceed: (a)  Six (6) months, if the fine was imposed for the conviction of a felony; or (b)  One-third (1/3) of the maximum authorized term of imprisonment for the offense committed, if the fine was imposed for conviction of a misdemeanor; or (c)  Ten (10) days, if the fine was imposed for conviction of a violation. (3) If the default in payment of a fine is determined to be excusable under the standards set forth in subsection (2), the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way. In addition the court may enter an order compelling the defendant to work for a department of local government, if: (a)  Such department, through appropriate authority, approves the defendant's employment; (b)  Such department will pay the defendant for his work at a reasonable rate of compensation; (c)  The defendant is not otherwise gainfully employed nor medically disabled; and (d)  Such employment will not cause economic hardship to the defendant or his dependents. In the event such an order is entered the court shall designate the portion of the defendant's compensation that is to be credited toward payment of his fine, which in no event shall be more than forty percent (40%) of gross compensation. (4) 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). (5) Following a default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments rendered in favor of the Commonwealth. Effective: January 1, 1975. History: Created 1974 Ky. Acts ch. 406, sec. 295, effective January 1, 1975.