KRS 534.045: Assessment of reimbursement fee against jail prisoners -- Collection -- Fee

determination -- Relevant evidence -- Modification.

(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a

person is sentenced to incarceration in the county jail, the District Court may assess

a reimbursement fee to help defray the expenses of the prisoner's room and board.

The reimbursement fee shall not exceed twenty -five percent (25%) of the prisoner's

gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall

be paid directly to the jailer.

(2) In determining whether a reimbursement fee as described in subsection (1) of this

section is to be assessed, and in establishing the amount of the fee, the court shall

consider e vidence relevant to the prisoner's ability to pay the fee but shall not

consider as evidence the following:

(a) Joint ownership, if any, that the prisoner may have in real property;

(b) Joint ownership, if any, that the prisoner may have in any assets, ear nings, or

other sources of income; and

(c) The income, assets, earnings, or other property, both real and personal, that

might be owned by the prisoner's spouse or family.

(3) After considering all relevant evidence to the issue of the prisoner's ability t o pay,

the court shall enter as part of its judgment the amount of the reimbursement fee, if

any, that shall be paid by the prisoner during his period of incarceration in the

county jail. The fee shall bear a reasonable relationship to the person's income.

Upon petition by the prisoner affected by the order, the amount may be modified to

reflect any changes in the financial status of the prisoner. In any appeal that might

be taken from the conviction, the amount of the reimbursement fee may be

challenged.

(4) If the person sentenced to jail is released in accordance with the provisions of KRS

439.179 and is subject to the provisions of KRS 439.179(4), the payment of the

reimbursement fee shall be suspended so long as the person is gainfully employed.

(5) When imposing any payment authorized by this section, the court shall order the

defendant to make the payment to the named officer, person, or organization. The

court shall not order any payment authorized by this section to be made through the

circuit clerk.