2013 Kentucky Revised Statutes CHAPTER 534 - FINES 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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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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