Application required -- Treatment of inmates.
(1) A court shall allow a poor person residing in this state to file or defend any
action or appeal therein without paying costs, whereupon he shall have any
counsel that the court assigns him and shall have from all officers all needful
services and process, including the preparation of necessary transcripts for
appeal, without any fees, except such as are included in the costs recovered
from the adverse party, and shall not be required to post any bond except in an
amount and manner reasonable under the circumstances of his poverty.
(2) A "poor person" means a person who has an income at or below one hundred
percent (100%) on the sliding scale of indigency established by the Supreme
Court of Kentucky by rule or is unable to pay the costs and fees of the
proceeding in which he is involved without depriving himself or his dependents
of the necessities of life, including food, shelter, or clothing.
(3) Application to proceed without payment of costs and fees, pursuant to
subsection (1) herein, shall be made by motion supported by the affidavit of the
applicant stating the reasons that he is unable to pay the costs and fees or give
security therefor.
(4) No inmate shall be automatically allowed to proceed through the courts in
forma pauperis by virtue of his status as an inmate, nor shall his incarceration
lead to a presumption of impoverishment, or constitute evidence of a rebuttable
presumption of impoverishment.
(5) A court may consider the value of all of the benefits an inmate receives by
virtue of his incarceration and for which the inmate has not monetarily
reimbursed the Commonwealth, including, among other things, the value of his
room, board, medical care, dental care, recreational programming, educational
opportunities offered to the inmate, legal services provided to the inmate
without cost, clothing, laundry, guard protection services, or any other benefit
similarly conferred upon the inmate.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 1, effective June 29, 2017. --
Amended 1996 Ky. Acts ch. 118, sec. 4, effective July 15, 1996. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 472, effective January 2, 1978. --
Amended 1958 Ky. Acts ch. 126, sec. 44, effective June 19, 1958. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec.
884.
Notes of Decisions
Cited in
72
cases (
25 in the last 5 years), 1953–2026 · leading case:
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
· cites it 46× “Denial of Edwards' Application to Proceed In Forma Pauperis The decision to grant or deny an application to proceed in forma pauperis pursuant to KRS 453.190 is within the sound discretion of the trial court and we may not reverse that decision in the absence of clear error.”
Spees v. Kentucky Legal Aid, 274 S.W.3d 447 (Ky. 2009).
· cites it 9× “1988), it was held that KRS 453.190 refers to costs “which are necessary to allow indigent persons access to the courts.”
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
· cites it 4× “211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
Jones v. Commonwealth, 527 S.W.3d 820 (Ky. Ct. App. 2017).
· cites it 7× “On September 12, 2016, the trial court entered separate orders appointing counsel to represent Jones on appeal and granting the motion seeking informa pau-peris status, finding he was a pauper within the meaning of KRS 453.190 and KRS 31.110(2)(b). On appeal, Jones is not…”
Donald Howard v. Commonwealth of Kentucky, 496 S.W.3d 471 (Ky. 2016).
· cites it 2× “205 states that court costs may not be waived unless the trial court finds that the defendant is a “poor person” under KRS 453.190(2). There, a “poor person” is defined as “a person who is unable to pay the costs and fees of the proceeding in which he is involved without…”
M. L. B. v. S. L. J., 519 U.S. 102 (1996).
“1996); Ky. Rev. Stat. Ann. §453.190 (Baldwin 1991); La.”
Smith v. Commonwealth, 361 S.W.3d 908 (Ky. 2012).
· cites it 3× “Thus, we reverse the trial court’s imposition of court costs, and remand for a determination of whether Smith is (1) a poor person as defined by KRS 453.”
Smith v. Commonwealth, 370 S.W.3d 871 (Ky. 2012).
· cites it 3× “205(2) without determining if he was “poor person,” as that term is defined in KRS 453.190(2). We therefore affirm the judgment of conviction but remand for further proceedings on the question of the imposition of court costs.”
Miller v. Commonwealth, 391 S.W.3d 857 (Ky. 2013).
· cites it 4× “Appellant claims that the trial court erred in levying both court costs and partial public defender fees because he was judged to be a “poor person” pursuant to KRS 453.190 and KRS 31.110(2)(b). Moreover, Appellant claims that the trial court erred in retaining jurisdiction to…”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014).
· cites it 2× “205(2), the imposition of court costs is mandatory upon conviction unless the trial court finds that the defendant is a “poor person” as defined by KRS 453.190(2). A defendant is a “poor person” and, thus, exempt from the mandatory taxation of costs if the court determines he is…”
Roe v. Commonwealth, 493 S.W.3d 814 (Ky. 2015).
“205 states that court costs may not be waived unless the court finds that the defendant is a “poor person” under KRS 453.190(2). A poor person is defined as a person “who is unable to pay the costs and fees of the proceeding which he is involved without depriving himself or his…”
Bush ex rel. Bush v. O'Daniel, 700 S.W.2d 402 (Ky. 1985).
· cites it 4× “They had been permitted to commence and proceed in forma pauperis in the trial court until judgment, using KRS 453.190, which provides “a poor person residing in this state (a right) to file or defend any action or appeal therein without paying costs.”
— Ky. Rev. Stat. § 453.190(1) — 7 cases
Spees v. Kentucky Legal Aid, 274 S.W.3d 447 (Ky. 2009).
“1988), it was held that KRS 453.190 refers to costs “which are necessary to allow indigent persons access to the courts.”
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
“Denial of Edwards' Application to Proceed In Forma Pauperis The decision to grant or deny an application to proceed in forma pauperis pursuant to KRS 453.190 is within the sound discretion of the trial court and we may not reverse that decision in the absence of clear error.”
— Ky. Rev. Stat. § 453.190(1995) — 1 case
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
“Denial of Edwards' Application to Proceed In Forma Pauperis The decision to grant or deny an application to proceed in forma pauperis pursuant to KRS 453.190 is within the sound discretion of the trial court and we may not reverse that decision in the absence of clear error.”
— Ky. Rev. Stat. § 453.190(2) — 45 cases
Donald Howard v. Commonwealth of Kentucky, 496 S.W.3d 471 (Ky. 2016).
“205 states that court costs may not be waived unless the trial court finds that the defendant is a “poor person” under KRS 453.190(2). There, a “poor person” is defined as “a person who is unable to pay the costs and fees of the proceeding in which he is involved without…”
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
“211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
Smith v. Commonwealth, 361 S.W.3d 908 (Ky. 2012).
“Thus, we reverse the trial court’s imposition of court costs, and remand for a determination of whether Smith is (1) a poor person as defined by KRS 453.”
Smith v. Commonwealth, 370 S.W.3d 871 (Ky. 2012).
“205(2) without determining if he was “poor person,” as that term is defined in KRS 453.190(2). We therefore affirm the judgment of conviction but remand for further proceedings on the question of the imposition of court costs.”
Jones v. Commonwealth, 527 S.W.3d 820 (Ky. Ct. App. 2017).
“On September 12, 2016, the trial court entered separate orders appointing counsel to represent Jones on appeal and granting the motion seeking informa pau-peris status, finding he was a pauper within the meaning of KRS 453.190 and KRS 31.110(2)(b). On appeal, Jones is not…”
— Ky. Rev. Stat. § 453.190(3) — 2 cases
Miller v. Commonwealth, 391 S.W.3d 857 (Ky. 2013).
“Appellant claims that the trial court erred in levying both court costs and partial public defender fees because he was judged to be a “poor person” pursuant to KRS 453.190 and KRS 31.110(2)(b). Moreover, Appellant claims that the trial court erred in retaining jurisdiction to…”
Bush ex rel. Bush v. O'Daniel, 700 S.W.2d 402 (Ky. 1985).
“They had been permitted to commence and proceed in forma pauperis in the trial court until judgment, using KRS 453.190, which provides “a poor person residing in this state (a right) to file or defend any action or appeal therein without paying costs.”
— Ky. Rev. Stat. § 453.190(5) — 1 case
Edwards v. Van De Rostyne, 245 S.W.3d 797 (Ky. Ct. App. 2008).
“Denial of Edwards' Application to Proceed In Forma Pauperis The decision to grant or deny an application to proceed in forma pauperis pursuant to KRS 453.190 is within the sound discretion of the trial court and we may not reverse that decision in the absence of clear error.”
— Ky. Rev. Stat. § 453.190(b) — 1 case
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