KRS § 431.100 — KY Code / Title XL / Chapter 431 / Section 431.100
431.100 Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding -- Fines and forfeitures go to Commonwealth -- Disposition of fines from offenses relating to alcohol and to criminal littering -- Monetary penalties payable to person other than circuit clerk -- Notice to defendant required
Status: in_force

431.100 Withholding of money payable by Commonwealth to defendant in

satisfaction of money judgment in criminal proceeding -- Fines and forfeitures

go to Commonwealth -- Disposition of fines from offenses relating to alcohol

and to criminal littering -- Monetary penalties payable to person other than

circuit clerk -- Notice to defendant required.

(1) When a money judgment is entered against a defendant in a criminal proceeding

and each sum, or any part thereof, remains unpaid, there shall be withheld from any

disbursement, payment, benefit, compensation, salary, or other transfer of money

from the Commonwealth of Kentucky to such defendant an amount equal to the

unpaid amount of the judgment. Under no circumstances shall the general fund be

used to reimburse court costs or pay for judgment.

(2) Except as provided in this section, all fines and forfeitures imposed by law or

ordinance shall inure to and vest in the Commonwealth.

(3) Fines and forfeitures imposed by law for violation of KRS 222.202 or ordinances

relating to similar subject matter shall inure to and vest in the Commonwealth and

shall be placed in a special fund in the State Treasury, which shall not lapse, and

which, effective July 1, 1987, shall be used solely by the Cabinet for Health and

Family Services for the provision of treatment and counseling programs for

alcoholics.

(4) Sixty percent (60%) of fines for violation of KRS 512.070, 433.753, and 433.757

shall, when collected, be transferred by the circuit clerk to the county treasurer for

inclusion in the general fund of the county in which the offense occurs for the

cleanup and abatement of litter and open dumps and forty percent (40%) shall be

transferred to the agency that issued the citation. One hundred percent (100%) of

any fines imposed for the violation of KRS 224.40-100(5) and 224.99-010(10)

shall, when collected, be transferred to the treasurer of the county in which the

violation occurred.

(5) The court shall not order a fine, forfeiture, service fee, cost, or any other money due

the Commonwealth or any other public officer paid to any person or organization

other than one specifically required by the Kentucky Revised Statutes, nor shall a

court suspend payment of a fine, forfeiture, service fee, cost, or any other money

due the Commonwealth if the defendant makes a payment to another person or

organization, unless so authorized by the court and the Kentucky Revised Statutes.

(6) When, as authorized in the Kentucky Revised Statutes, a court does order a fine,

forfeiture, service fee, cost, or any other monetary penalty to be paid to a person

other than the circuit clerk, notice of this order will be served on the defendant and

a copy of the order will be delivered to the person. Such an order constitutes a

judgment of the court and carries with it all lawful means of enforcement and

collection.