Request By:
Mr. William J. Wehr
Assistant County Attorney
Suite 301, Campbell Towers
4th and York Streets
Newport, Kentucky 41071
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question concerns a response to nonpayment of fines under KRS 534.060. Subsection (1) of the statute reads in part: "When an individual sentenced to pay a fine defaults in the payment of the fine or any instalment, the court upon motion of the prosecuting attorney or upon its own motion may require him to show cause why he should not be imprisoned for nonpayment.
Your question:
"When an individual appears before the court and a fine is levied against said person, and he indicates to the court that he can not pay the fine at the time, must he be given a future date or an installment arrangement for said fine, or can the court properly recall his case at the end of the same docket on the same day, based upon the court's order to show cause?"
When a defendant is sentenced to pay a fine, the court may in its order: (1) provide for payment to be made within a specified period of time; or (2) provide for payment in specified instalments. If neither of these court options is in the court order, the fine shall be payable forthwith or immediately. KRS 534.020.
Let us assume the defendant was either given in the order a specified period for paying the entire fine or was allowed to pay in instalments. Upon the nonpayment of the fine under either option the response of the court to nonpayment would be made under KRS 534.060.
The answer to your question is that the court is not required to let the defendant pay within a certain period or in instalments. It is permissive only. See KRS 446.010(20), providing that "may" generally is permissive.
Now suppose the court order does not contain either of the above options (pay within a certain time or in instalments) , then the fine is due forthwith or immediately. The defendant indicates he cannot pay it. The motion to show cause can be heard by the court on the same day [at the end of the court session day] judgment imposing a fine is handed down. If the defendant does not appear at the end of the day, the court may issue a warrant of arrest or summons for his appearance.