2016 Kentucky Revised Statutes CHAPTER 534 - FINES .070 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.
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534.070 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.
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A defendant who has been sentenced to jail for failure to pay a fine or court costs or
for failure to appear in court on a date set for the sole purpose of addressing
nonpayment of a fine or court costs shall receive credit against the fine and costs
owed for each day the defendant spends in jail at the following rates:
(a) Fifty dollars ($50) per day if the defendant does not work at a community
service or community labor program; or
(b) One hundred dollars ($100) per day if the defendant works eight (8) hours per
day at a community service or community labor program. If the defendant
works less than eight (8) hours in a community service or community labor
program, the defendant shall be allowed an amount of one-eighth (1/8) of the
one hundred dollars ($100) for each hour worked in a community service or
community labor program.
Credit against a fine or court costs earned by a defendant pursuant to this section
shall prohibit the collection of any part of a fine or costs which has been credited
pursuant to this section, and that portion of the fine or costs shall be considered
paid.
The jailer shall be responsible for monitoring a defendant's community service and
tracking the number of days to be served to pay any outstanding fine or court costs.
If a partial payment is made by the defendant or on behalf of a defendant, that
payment shall be applied first to court costs, then to fees, and then to fines pursuant
to KRS 23A.205 or 24A.175 prior to the application of any credit earned pursuant
to this section. Credit earned pursuant to this section shall not be applied to
restitution.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 5, effective July 12, 2012. -- Created
2011 Ky. Acts ch. 2, sec. 86, effective June 8, 2011.
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