Kentucky Statutes 532.356 – Reimbursement and restitution as additional sanctions — Ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses
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(1) 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
For details, see § 532.060
(b) Restitution to the crime victim as set out in KRS § 439.563, 532.032, and
532.033.
(2) 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.
(3) (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;
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.
(4) 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.
(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
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 532.356
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Local government: means any county, urban-county, or charter county government. See Kentucky Statutes 532.350
- Reimbursement: means payment of expenses associated with incarceration, including but not limited to medical expenses, food, and lodging. See Kentucky Statutes 532.350
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act. See Kentucky Statutes 532.350
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) Restitution to the crime victim as set out in KRS § 439.563, 532.032, and
532.033.
(2) 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.
(3) (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;
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.
(4) 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.