21-6612.
Criteria for imposing fines.
(a) When the law authorizes any other disposition, a fine shall not be imposed as the sole and exclusive punishment unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, the court finds that the fine alone suffices for the protection of the public.
(b) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment, probation or assignment to a community correctional services program unless:
(1) The defendant has derived a pecuniary gain from the crime; or
(2) the court finds that a fine is adapted to deterrence of the crime involved or to the correction of the offender.
(c) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
(d) If a fine is ordered pursuant to subsection (b), the court's findings regarding the requirements of subsections (b) and (c) shall be stated on the record.
History:
L. 2010, ch. 136, § 252; July 1, 2011.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2017–2026 · leading case:
State v. Arreola, 584 P.3d 694 (Kan. Ct. App. 2026).
State v. Arreola, 584 P.3d 694 (Kan. Ct. App. 2026).
· cites it 33× “Arreola challenges the court's imposition of fines because he claims the court did not make the necessary findings under K.S.A. 21-6612. After reviewing the record, we agree.”
State v. Abell, 585 P.3d 361 (Kan. Ct. App. 2026).
· cites it 2× “" K.S.A. 21-6612(b)(1)-(2), (d). The district court must also "[determine] the amount and method of payment of a fine, [taking] into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
State v. Holt, No. 113990 (Kan. Feb. 24, 2017).
“21-6604(d); see also K.S.A. 2015 Supp. 21-6612(c) (in determining amount and method of fine payment "the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose").”
State v. Holt, No. 113990 (Kan. Feb. 24, 2017).
“21-6604(d); see also K.S.A. 2015 Supp. 21-6612(c) (in determining amount and method of fine payment "the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose").”
K.S.A. § 21-6612(b): 1 case
State v. Arreola, 584 P.3d 694 (Kan. Ct. App. 2026).
“Arreola challenges the court's imposition of fines because he claims the court did not make the necessary findings under K.S.A. 21-6612. After reviewing the record, we agree.”
K.S.A. § 21-6612(b)(1): 1 case
State v. Abell, 585 P.3d 361 (Kan. Ct. App. 2026).
“" K.S.A. 21-6612(b)(1)-(2), (d). The district court must also "[determine] the amount and method of payment of a fine, [taking] into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
K.S.A. § 21-6612(c): 4 cases
State v. Arreola, 584 P.3d 694 (Kan. Ct. App. 2026).
“Arreola challenges the court's imposition of fines because he claims the court did not make the necessary findings under K.S.A. 21-6612. After reviewing the record, we agree.”
State v. Holt, No. 113990 (Kan. Feb. 24, 2017).
“21-6604(d); see also K.S.A. 2015 Supp. 21-6612(c) (in determining amount and method of fine payment "the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose").”
State v. Holt, No. 113990 (Kan. Feb. 24, 2017).
“21-6604(d); see also K.S.A. 2015 Supp. 21-6612(c) (in determining amount and method of fine payment "the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose").”
State v. Abell, 585 P.3d 361 (Kan. Ct. App. 2026).
“" K.S.A. 21-6612(b)(1)-(2), (d). The district court must also "[determine] the amount and method of payment of a fine, [taking] into account the financial resources of the defendant and the nature of the burden that its payment will impose.”
K.S.A. § 21-6612(d): 1 case
State v. Arreola, 584 P.3d 694 (Kan. Ct. App. 2026).
“Arreola challenges the court's imposition of fines because he claims the court did not make the necessary findings under K.S.A. 21-6612. After reviewing the record, we agree.”
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