2023 Kentucky Revised Statutes Chapter 532 - Classification and designation of offenses -- authorized disposition 532.356 Reimbursement and restitution as additional sanctions -- Ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses.
Universal Citation:
KY Rev Stat § 532.356 (2023)
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532.356 Reimbursement and restitution as additional sanctions -- Ineligibility to
operate motor vehicle upon conviction of certain theft, fraud, and organized
crime offenses.
(1)
(2)
(3)
Upon a person's conviction and sentencing for any nonstatus juvenile offense,
moving traffic violation, criminal violation, misdemeanor, or Class D felony
offense, and, for the purposes of paragraph (b) of this subsection, any Class C
felony offense listed in subsection (3) of this section, the court shall impose the
following sanctions in addition to any imprisonment, fine, court cost, or community
service:
(a) Reimbursement to the state or local government for the person's incarceration,
determined by the per person, per diem, expenses of each prisoner
incarcerated by the respective local government, times the number of days he
has spent or shall spend in confinement, plus any medical services received by
the prisoner, less copayments paid by the prisoner. The convicted person's
ability to pay all or part of the reimbursement shall be considered by the
sentencing court in imposing the sanction; and
(b) Restitution to the crime victim as set out in KRS 439.563, 532.032, and
532.033.
In addition to any other penalty allowed by law, a court may declare the defendant
ineligible to operate a motor vehicle for a period of up to sixty (60) days where the
defendant is being sentenced for a conviction of KRS 514.030 involving the theft of
gasoline or special fuels from a retail establishment and the defendant has been
previously convicted of KRS 514.030 for a theft of gasoline or special fuels from a
retail establishment. A retail establishment may post a sign at the location where the
fuel is dispensed apprising the public of the sanctions available under this
subsection.
(a) In addition to any other penalty allowed by law, a court may declare the
defendant ineligible to operate a motor vehicle for the period of time that any
amount of restitution ordered under this section remains unpaid, where the
restitution is imposed as the result of the commission of the following
offenses:
1.
KRS 434.650;
2.
KRS 434.655;
3.
KRS 434.660;
4.
KRS 434.670;
5.
KRS 434.690;
6.
KRS 514.030;
7.
KRS 514.040;
8.
KRS 514.050;
9.
KRS 514.060;
10. KRS 514.070;
11. KRS 514.080;
(4)
12. KRS 514.090;
13. KRS 514.110;
14. KRS 514.120; or
15. KRS 506.120.
(b) Upon motion by the defendant with proper notice to the office of the attorney
who represented the Commonwealth at sentencing, the court may authorize
the defendant to obtain the hardship license authorized under KRS Chapter
189A. The defendant shall be subject to the same operating restrictions and
penalties for noncompliance as are set out for a hardship license in that
chapter. The court may waive compliance with provisions of KRS Chapter
189A relating to alcohol treatment, waiting periods, and ignition interlock
installation for the purpose of authorizing issuance of a hardship license under
this section.
Sanctions imposed by the sentencing court shall become a judgment of the court.
Reimbursement of incarceration costs shall be paid by the defendant directly to the
jailer in the amount specified by written order of the court. Incarceration costs owed
to the Department of Corrections shall be paid through the circuit clerk.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 38, sec. 1, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 106, sec. 16, effective June 25, 2009. -- Amended 2002 Ky. Acts
ch. 183, sec. 34, effective August 1, 2002. -- Amended 2001 Ky. Acts ch. 139, sec. 2,
effective June 21, 2001. -- Created 1998 Ky. Acts ch. 606, sec. 180, effective July
15, 1998.
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