Request By:
Mrs. Ilse Dickerson
Executive Director
Crime Victims Compensation Board
113 East Third Street
Frankfort, Kentucky 40601
Opinion
Opinion By: David L. Armstrong
In your letter of May 15, 1984, you requested a published opinion resolving the conflict between OAG 82-332 and OAG 82-469. OAG 82-332 indicates that ten dollars ($10.00) shall be imposed as an additional cost for all offenses for which imprisonment may be imposed. And, OAG 82-469 stated the following:
"If a defendant is only fined, even though the crime authorizes a jail sentence the $10 is not collected."
It will be necessary to note from the outset five basic principles of statutory construction before responding to your inquiry. First, the process of interpreting statutory language requires courts to be guided by the intention of the legislature. That intent is to be drawn from the meaning expressed or reasonably implied in the language used. Commonwealth v. Carroll County Fiscal Court, Ky.App., 633 S.W.2d 720, 722 (1982).
Second, it is a primary rule of statutory construction that the enumeration of particular things excludes the idea of something else not mentioned. Smith v. Wedding, Ky., 303 S.W.2d 322, 323 (1957).
Third, courts have power to reform and reconstruct sections, paragraphs and sentences of Acts by transposing words or sentences, or adding or omitting words in order that the intent of the legislature may be accomplished. Commonwealth v. Hatfield Coal Co., 186 Ky. 411, 217 S.W. 125 (1919).
Fourth, it must be obvious that the intent of the legislature would be thwarted if the change were not made to justify interchanging words "may be" for "is" in a statute. Boron Oil Co. v. Cathedral Foundation, Inc., Ky., 434 S.W.2d 640 (1968).
Fifth, a court may take into consideration not only the title of the Act but likewise the headlings of sections in determining legislative intent in enacting the statute. May v. Clay-Gentry-Graves Tobacco Warehouse Co., 284 Ky. 502, 145 S.W.2d 84 (1941).
Turning our attention to the issue you raised, KRS 346.185 is entitled "Crime victims' compensation fund; contribution by defendant; other money included in fund; withholding of funds due defendant." Also, KRS 346.185(1) states the following:
There is established in the state treasury the "crime victims' compensation fund," hereinafter referred to as the "fund," to be administered by the crime victims' compensation board. In all cases in which defendants are given sentence of imprisonment or are placed under the supervision of the state parole board or have been placed on probation or other form of conditional release, after an adjudication of guilty or after imposition of sentence, whether upon a plea of guilty or after trial, there shall be imposed as an additional cost the sum of ten dollars ($10.00) for all offenses for which imprisonment may be imposed. The clerk of the court shall collect the cost and forward it monthly to the state treasurer, to be deposited in the fund. Nothing herein shall be construed to limit the power of the court to order additional forms of restitution including public or charitable work or reparation to the victim to the fund, or otherwise as authorized by law.
In light of the above, it is our Opinion that the legislature intended that an additional cost of ten dollars ($10.00) be imposed against defendants convicted of offenses for which imprisonment may be imposed. In other words, where the Court gives a sentence of imprisonment, or places the defendant on probation, or on conditional release or just fined the defendant, the ten dollars ($10.00) should be imposed if the Court could have imposed imprisonment as punishment for the offense. OAG 82-469 is withdrawn and superseded by this Opinion.