Request By:
Mr. Scott Allan Wilson
Attorney
Kentucky Association of Counties
323 Shelby Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question:
May dieting fees paid to the county jailer under KRS 64.150 be deducted from the net court revenue payable to counties and cities under KRS 24A.190-24A.192? The answer is "no".
In response to the cities' and counties' loss of revenue occasioned by fines, forfeitures and certain fees going into the state treasury beginning January 2, 1978, the legislature enacted KRS 24A.190 through 24A.192. The legislation provides for arriving at a net profit or "net court revenue" to be returned to applicable cities and counties in ensuing years by the Department for Finance and Administration. "Net court revenue" is the amount of money collected by a court [city and county courts] from fines, fees, and forfeitures less the amount spent for "court-related costs." "The court-related costs" means the average costs incurred by a city or county, as computed from the 1973-74, 1974-75, and 1975-76 fiscal years in the operation and maintenance of a court for certain enumerated categories. See KRS 24A.190.
Here is how you arrive at "net court revenue" for the three base years (formula) : Fiscal Year1973-74Fees, fines & forfeitures - average costs = net court revenue1974-75Fees, fines & forfeitures - average costs = net court revenue1975-76Fees, fines & forfeitures - average costs = net court revenue
Under the above formula the average costs are derived from merely getting the average of costs for the three base fiscal years.
Once the net court revenue is computed, the average net court revenue for the three base years is the "base court revenue" mentioned in KRS 24A.190. KRS 24A.191 provides that the Finance Department shall "adjust" a county or county's base court revenue where unusual circumstances are involved.
Under KRS 24A.192, the base court revenue, as finally determined in KRS 24A.191, "less the net amount received by the city or county from any new or existing source as a result of implementation of the district courts," shall be returned to cities and counties. New source may include court facilities fees or any other source from which the city or county was not receiving revenue before the implementation of the district courts.
At present, of course, the state pays the dieting fees for misdemeanants, as well as for felons, charged under state statutes. That, as relates to misdemeanants, is a new financial benefit to local governments. However, the financial benefit arises out of jail operations, not operation of courts. We must keep in mind that the cost of maintaining city and county jails remains with the cities and counties. Those jails are not an integral part of the judicial system. Note that KRS 24A.190(3)(e) is geared to the operation of the courts. Also note that in KRS 24A.192 the allowable deduction from the base court revenue is a "net amount" of new revenue received etc. "Net amount" was not used accidentally. It reflects, when considering this net court revenue legislation as a whole, the concept of a net revenue after court-related costs are deducted from the court facilities fees or revenue. KRS 24A.192 does not say Finance can deduct any new revenue. It says the "net amount" of revenue. Here we are according significance to every part of the new court revenue law. Louisville v. Sebree, 308 Ky. 420, 214 S.W.2d 248 (1948) 255. In the construction of any statute the whole of it and the purpose of all of it are to be considered. Henry v. Commonwealth, 312 Ky. 491, 228 S.W.2d 32 (1950) 33.
Thus we conclude that the Finance Department under present statutes has no authority to reduce base court revenue payable to a city or county in terms of jailer's dieting fees paid out of the state treasury. Such proposed deduction would require new legislation.
We informally expressed the view, in a letter to Secretary McClure of the Finance Department of February 28, 1978, that the Finance Department could deduct from net court revenue the amount of money paid as dieting fees for both misdemeanants and felons charged under state statutes. However, upon reconsideration of this question for the purpose of issuing a formal opinion, the view expressed herein is the official view of this office.