Kentucky Revised Statutes

Ky. Rev. Stat. § 532.032 (2026)

Restitution

✓ current as of May 2026
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(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition. (2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement. (3) If probation, shock probation, conditional discharge, or other alternative sentence is granted, restitution shall be a condition of the sentence. (4) If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole. (5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 30, effective August 1, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 45, effective July 15, 1998.

Notes of Decisions
Cited in 28 cases (13 in the last 5 years), 2003–2025 · leading case: Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011). · cites it 7× “10 It is mandatory under KRS 532.032, and is, therefore, not an illegal sentence per se.”
Commonwealth v. Steadman, 411 S.W.3d 717 (Ky. 2013). · cites it 4× “200 is a different procedure than that laid out in KRS 532.032, since it requires the filing of a separate petition within 90 days of the final judgment, it nonetheless underscores that the trial court retains subject-matter jurisdiction over restitution after entry of the final…”
Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003). · cites it 4× “200, which provides a restitution proceeding apart from sentencing, but rather under the more recent KRS 532.032. That statute, first enacted in 1998, provides that [rjestitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as…”
Wiley v. Commonwealth, 348 S.W.3d 570 (Ky. 2010). · cites it 2× “As a result of the improper assessment and temporal delay, Appellant contends that, pursuant to KRS 532.032, 532.033, and 431.200, the trial court can no longer enter a restitution order.”
Rollins v. Commonwealth, 294 S.W.3d 463 (Ky. Ct. App. 2009). · cites it 4× “The Commonwealth claims that it was proceeding under KRS 532.032 rather than KRS 431.200. The Commonwealth further contends that the order imposing restitution was not a post-sentencing order, but rather, an order simply specifying the amount of restitution to be paid, such…”
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003). · cites it 11× “It relies primarily on KRS 532.032, which states: (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014). · cites it 2× “91 KRS 532.032 grants the trial court the authority to establish restitution orders in criminal cases.”
Mitchell v. Commonwealth, 538 S.W.3d 326 (Ky. Ct. App. 2017). “Effective October 1, 2016, less than two months after the trial court imposed twelve percent interest on the amount of restitution ordered and while these appeals were pending, the Kentucky Supreme Court issued RCr 11.”
Vaughn v. Commonwealth, 371 S.W.3d 784 (Ky. Ct. App. 2012). “” KRS 532.032 and KRS 532.033 vest the trial *786 court with the authority to establish and enforce an order of restitution.”
Dillard v. Commonwealth, 475 S.W.3d 594 (Ky. 2015). “Indeed, KRS 532.032 provides that if a defendant is granted conditional discharge then restitution to victims “shall be a condition of the sentence,” a requirement reiterated and elaborated upon in KRS 533.”
Parker v. Commonwealth, 331 S.W.3d 634 (Ky. Ct. App. 2011). · cites it 2× “In signing the aforesaid document Parker acknowledged that, "I fully understand and accept the above conditions.”
Brinson v. Commonwealth, 571 S.W.3d 593 (Ky. Ct. App. 2018). · cites it 2× “KRS 532.032 5 and 533.030(3) 6 provide the trial court in a criminal case with the *598 statutory authority to order the defendant to pay restitution.”
— Ky. Rev. Stat. § 532.032(1) — 8 cases
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003). “It relies primarily on KRS 532.032, which states: (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.”
Brinson v. Commonwealth, 571 S.W.3d 593 (Ky. Ct. App. 2018). “KRS 532.032 5 and 533.030(3) 6 provide the trial court in a criminal case with the *598 statutory authority to order the defendant to pay restitution.”
— Ky. Rev. Stat. § 532.032(2) — 5 cases
Parker v. Commonwealth, 331 S.W.3d 634 (Ky. Ct. App. 2011). “In signing the aforesaid document Parker acknowledged that, "I fully understand and accept the above conditions.”
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003). “It relies primarily on KRS 532.032, which states: (1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.”
— Ky. Rev. Stat. § 532.032(3) — 1 case
— Ky. Rev. Stat. § 532.032(4) — 1 case
Commonwealth v. Steadman, 411 S.W.3d 717 (Ky. 2013). “200 is a different procedure than that laid out in KRS 532.032, since it requires the filing of a separate petition within 90 days of the final judgment, it nonetheless underscores that the trial court retains subject-matter jurisdiction over restitution after entry of the final…”
— Ky. Rev. Stat. § 532.032(l) — 1 case
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011). “10 It is mandatory under KRS 532.032, and is, therefore, not an illegal sentence per se.”
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