2013 Kentucky Revised Statutes CHAPTER 439 - PROBATION AND PAROLE 439.315 Payment of fee by released person -- Amount -- Waiver of payment -- Applicable to persons released by county containing a city of the first class or urban-county government.
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439.315 Payment of fee by released person -- Amount -- Waiver of payment -Applicable to persons released by county containing a city of the first
class or urban-county government.
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A person placed by a releasing authority on probation, parole, or other form of
release subject to supervision by the Department of Corrections and all
persons supervised pursuant to KRS 439.560 shall pay a fee to offset the costs
of supervising the probation, parole, or other supervised release.
The fees shall be as follows:
(a) For a felony, not less than ten dollars ($10) per month while on active
supervision nor more than two thousand five hundred dollars ($2,500) per
year.
(b) For a misdemeanor, not less than ten dollars ($10) per month while on
active supervision nor more than five hundred dollars ($500) per year,
except as provided in subsection (13) of this section.
The releasing authority shall order the fee paid in a lump sum or installments. If
the fee is to be paid in a lump sum, the person shall not be released from
custody until the fee is paid in full.
Upon the failure of a person to pay an installment on a fee set forth in a release
agreement, the releasing authority shall hold a hearing to determine why the
installment has not been paid. Failure without good cause to pay an installment
pursuant to a release agreement shall be grounds for the revocation of
probation, parole, conditional release, or other form of release upon which the
person has been released as provided in KRS 533.050.
The releasing authority shall hold a hearing to determine the ability of the
defendant to make the payments; and in making this determination, the
releasing authority shall take into account the amount of any fine imposed upon
the defendant and any amount the defendant has been ordered to pay in
restitution. In counties containing a city of the first class or an urban-county
form of government, the releasing authority may waive the payment of the fee
in whole or in part for defendants placed under the supervision of the adult
misdemeanant probation and work release program, if it finds that any of the
factors in subsection (6) of this section exist.
The releasing authority shall not waive any fee unless the commissioner of the
Department of Corrections or his designee petitions the releasing authority in
written form for the waiver. The Department of Corrections shall not petition
unless:
(a) The offender is a student in a school, college, university, or course of
vocational or technical training designed to fit the student for gainful
employment. Certification of student status shall be supplied to the
releasing authority by the educational institution in which the offender is
enrolled. In such case, the fee may be postponed until completion of
education but shall be paid thereafter.
(b) The offender has an employment disability, as determined by a physical,
psychological, or psychiatric examination acceptable to, or ordered by,
the releasing authority.
At any time during the pendency of the judgment or order rendered according
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to the terms of this section, a defendant may petition the releasing authority to
modify or vacate its previous judgment or order on the grounds of change of
circumstances with regard to the defendant's ability to pay the fee. The
releasing authority shall advise the defendant of this right at the time of the
rendering of the judgment or order placing the defendant on probation, parole,
or other supervised release.
All sums paid by the defendant pursuant to this section shall be paid into the
general fund, except as provided in subsection (13) of this section.
When granting a release of any defendant by way of probation, parole, or
otherwise, the releasing authority shall make the payment of this fee a
condition of release, unless the fee has been waived, reduced, or delayed as
provided in this section. Nonpayment shall be grounds for revocation of the
release as provided in KRS 533.050.
The releasing authority, if the Department of Corrections petitions the releasing
authority to modify the fee, shall consider the petition and may waive the
payment of the fee in whole or in part, delay payment of the fee, increase the
fee, or deny the petition.
All fees fixed under the provisions of this section shall be collected by the
circuit clerk of the county where the defendant is supervised, except as
provided in subsection (13) of this section.
The Department of Corrections and the Division of Probation and Parole shall,
for each person released under its supervision, keep an account of all
payments made and report delinquencies to the releasing authority.
In a city, county, consolidated local government, charter county, or an
urban-county government, persons placed by a releasing authority on
probation, parole, or other release subject to supervision by the adult
misdemeanant probation and work release program of the county, city,
consolidated local government, charter county, or urban-county government
shall pay a fee to offset the costs of supervising the probation, parole, or other
supervised release. The fees shall be assessed by the releasing authority in
accordance with the provisions of this section. The fee for a misdemeanant
defendant placed under the supervision of an adult misdemeanant probation
and work release program of a county, city, consolidated local government,
charter county, or an urban-county government shall be not less than one
hundred dollars ($100) nor more than five hundred dollars ($500) per year. All
sums paid by the defendant under this subsection shall be paid into the general
fund of the county, city, consolidated local government, charter county, or
urban-county government in lieu of the payment specified in subsection (8) of
this section. All fees fixed under this subsection shall be collected by the circuit
clerk of the county or urban-county involved. The adult misdemeanant
probation and work release program of the county, consolidated local
government, city, charter county, or urban-county government shall, for each
person released under its supervision, keep an account of all payments made,
maintain copies of all receipts issued by the circuit clerk, and report
delinquencies to the court.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 234, effective July 15, 2002. --
Amended 1998 Ky. Acts ch. 286, sec. 1, effective July 15, 1998; and ch. 606,
sec. 112, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 88,
effective July 15, 1994; and ch. 418, sec. 11, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 211, sec. 95, effective July 14, 1992; and ch. 335,
sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 377, sec. 2,
effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 156, sec. 1, effective July
13, 1984. -- Created 1982 Ky. Acts ch. 416, sec. 1, effective July 15, 1982.
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