Request By:
Honorable James S. Secrest
Allen County Attorney
210 West Main Street
Box 35
Scottsville, Kentucky 42164
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
In OAG 79-202 we concluded that the Probation and Conditional Discharge Statute, KRS 533.020, does not contemplate splitting a sentence of fine, since there is no express provision to that effect. Thus we said that a district judge may, through probation or conditional discharge, legally suspend all of the fine and costs; but he cannot suspend a portion of the fine.
As we pointed out in that opinion, the earlier KRS 439.260 (repealed in 1974) provided that circult judge could postpone the entering of judgment and the "imposing of sentence" and place the defendant on probation. That statute did not mention any particular kind of sentence. Thus under KRS 439.260 a circuit judge could probate a fine or imprisonment, or both.
Commonwealth v. Ballinger, Ky., 412 S.W.2d 576 (1967).
KRS 533.010 and 533.020 provide for probation and conditional discharge, regardless of whether the sentence is one of imprisonment or involves a fine, or both.
KRS 150.990(14) [relating to fish and wildlife resources] reads:
"No fines, penalty, or judgment assessed or rendered under this chapter shall be suspended, reduced or remitted otherwise than expressly provided by law."
It is your view that KRS 533.020, as interpreted in OAG 79-202, expressly permits the suspension of fines imposed by KRS Chapter 150. Your question is: "Do you concur?"
We concur with your view. KRS 533.020 is a general law to be generally applied by the judicial system. That statute expressly provides that the court may, where the defendant is not sentenced to imprisonment, probate such defendant or conditionally discharge the defendant, by imposing a sentence of probation or conditional discharge, under guidelines contained in KRS 533.030.
Thus KRS 150.990(14) is not in conflict with KRS 533.020, since it expressly notes that no fines assessed under this chapter (150) shall be suspended "otherwise than expressly provided by law." (Emphasis added.) KRS 533.020, in permitting probation of fines, is an express provision of law so permitting the suspension of fines.
In addition, as your suggest, § 59, Kentucky Constitution, prohibits any special legislation relating to the jurisdiction and practice of the courts of justice. That section also provides that no special law shall be permitted where a general law can be made applicable. The purpose of § 59 is to insure equality under the law.