{"data":{"id":"us-ky/krs-454.410","jurisdiction":"us-ky","citation":"KRS 454.410","heading":"Payment of fees and court costs by inmates -- Waiver.","body":"(1) When an inmate commences, intervenes, or becomes a party to an action or an\nappeal of a judgment in a civil action or proceeding without paying the fees and\ncourt costs imposed by law, the inmate shall prepare an affidavit with a certified\ncopy of the inmate's prison account statement showing the total deposits for the six\n(6) months immediately preceding the inmate's commencement, intervention, or\njoining of the action, or an appeal of a judgment in a civil action or proceeding, if\navailable. If the record s are not available for the preceding six (6) months, all\ninmate account records that are available shall be filed with the affidavit.\n(2) When an inmate commences, intervenes, or joins an action or an appeal of a\njudgment in a civil action or proceeding, the inmate shall pay at least partial court\nfees and costs. At a minimum, the inmate shall pay a five dollar ($5) filing fee\nunless the court determines the inmate is unable to pay a fee and waives all fees and\ncosts. If the inmate has the ability to pay a  higher amount, the court shall order the\ninmate to pay the higher amount. However, the fees and costs imposed shall not\nexceed the full amount otherwise imposed by law.\n(3) If the court approves the application to waive all fees and costs, the court shall  give\nwritten notice to the inmate that all fees and costs relating to the action will be\nwaived. If the court denies the motion to waive all fees, the court shall give written\nnotice to the inmate that the inmate's case will be dismissed if the partial fe es and\ncosts are not paid within forty-five (45) days after the date of the order, or within an\nadditional period that the court may, upon request, allow. Process concerning the\ninmate's case shall not be served until the filing fee and the fee relating to  service of\nprocess is paid.\n(4) If the inmate claims exceptional circumstances that render the inmate unable to pay\nat least the partial fees and costs ordered by the court, then the inmate shall submit,\nin addition to the statement of account required by  this section, a copy of the\ndetailed canteen expenditure sheet, and an affidavit of special circumstances setting\nforth the reasons and circumstances that justify relief from the partial fees and costs\nrequirement.\n(5) In no event shall an inmate bring a civil action or appeal a judgment in a civil action\nor proceeding under this section if the inmate has, on three (3) or more occasions\nwithin a five (5) year period, while incarcerated or detained in any facility, brought\nan action or appeal in any court t hat was dismissed on the grounds that it was\nfrivolous, malicious, or harassing, unless the prisoner is under imminent danger of\nserious physical injury, without paying the entire filing fee in full.","path":["KRS Chapter 454"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19612","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:58Z","sha256":"e00564954441de2641436cfb50a9a9aee3c15e11eb3bc8a2920a8f66461a64a4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-454.405","next":"us-ky/krs-454.415"},"notice":"GroundRules: Original legal text. Not legal advice."}
