KRS § 532.356 — KY Code / Title L / Chapter 532 / Section 532.356
532.356 Reimbursement and restitution as additional sanctions -- Ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses
Status: in_force

532.356 Reimbursement and restitution as additional sanctions -- Ineligibility to

operate motor vehicle upon conviction of certain theft, fraud, and organized

crime offenses.

(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

(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.