Ky. Rev. Stat. » Chapter 532
Kentucky Revised Statutes

Ky. Rev. Stat. § 532.033 (2026)

Order of restitution

✓ current as of May 2026
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When a judge orders restitution, the judge shall:

(1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;

(2) Be responsible for overseeing the collection of restitution;

(3) Set the amount of restitution to be paid;

(4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;

(5) Monitor the payment of the restitution to assure that payment is being made;

(6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;

(7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and

(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 46, effective July 15, 1998.

Notes of Decisions
Cited in 25 cases (10 in the last 5 years), 2003–2025 · leading case: Commonwealth v. Adams.
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Commonwealth v. Adams (Ky. Ct. App. 2018). · cites it 9× “200, KRS 532.033 and KRS 533.020(4). KRS 431.200 states in relevant part as follows: Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation.”
Commonwealth v. Wright (Ky. 2013). · cites it 3× “KRS 532.033(8) The Commonwealth also relies upon KRS 532.”
Smith v. Commonwealth (Ky. 2012). · cites it 2× “Specifically, he argues that the restitution order did not meet the criteria im *922 posed by KRS 532.033 — identifying to whom, exactly, the restitution was to be paid.”
Donovan v. Commonwealth (Ky. Ct. App. 2012). · cites it 3× “KRS 532.033(3). Further, the judge ordering restitution is required to monitor payment to assure that restitution is, in fact, paid.”
Rollins v. Commonwealth (Ky. Ct. App. 2009). · cites it 2× “032 and KRS 532.033 are the general sentencing statutes, they do not encompass restitution orders which are sought post-sentencing.”
Dillard v. Commonwealth (Ky. 2015). · cites it 2× “KRS 532.033. The district court order at issue did none of these things but instead plainly stated “restitution to be determined.”
Commonwealth v. O'Bryan (Ky. Ct. App. 2003). · cites it 5× “032(1) does not specifically authorize court-ordered restitution in addition to imprisonment and that the reference in KRS 532.033 to the payment of restitution only applies to defendants who have been sentenced to probation.”
Mitchell v. Commonwealth (Ky. Ct. App. 2017). “Because KRS 532.033(3) places the duty on the trial court to set the amount of restitution, the trial court is the fact-finder in the matter.”
Chames v. Commonwealth (Ky. Ct. App. 2012). “Additionally, though the court is granted authority to impose restitution under KRS 532.033(3) and (4), the court must set a certain, specified amount to be paid to the victim.”
Vaughn v. Commonwealth (Ky. Ct. App. 2012). “032 and KRS 532.033 vest the trial *786 court with the authority to establish and enforce an order of restitution.”
Brinson v. Commonwealth (Ky. Ct. App. 2018). · cites it 2× “KRS 532.033 identifies what must be included in an order of restitution.”
Adams v. Commonwealth (Ky. Ct. App. 2018). “032 and KRS 532.033 vest the trial court with the authority to establish and enforce an order of restitution.”
Show all 25 citing cases →
— Ky. Rev. Stat. § 532.033(3) — 6 cases
Donovan v. Commonwealth (Ky. Ct. App. 2012). “KRS 532.033(3). Further, the judge ordering restitution is required to monitor payment to assure that restitution is, in fact, paid.”
Mitchell v. Commonwealth (Ky. Ct. App. 2017). “Because KRS 532.033(3) places the duty on the trial court to set the amount of restitution, the trial court is the fact-finder in the matter.”
Chames v. Commonwealth (Ky. Ct. App. 2012). “Additionally, though the court is granted authority to impose restitution under KRS 532.033(3) and (4), the court must set a certain, specified amount to be paid to the victim.”
Rollins v. Commonwealth (Ky. Ct. App. 2009). “032 and KRS 532.033 are the general sentencing statutes, they do not encompass restitution orders which are sought post-sentencing.”
Commonwealth v. O'Bryan (Ky. Ct. App. 2003). “032(1) does not specifically authorize court-ordered restitution in addition to imprisonment and that the reference in KRS 532.033 to the payment of restitution only applies to defendants who have been sentenced to probation.”
— Ky. Rev. Stat. § 532.033(4) — 1 case
Mark Joshua Collins v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 532.033(5) — 2 cases
Donovan v. Commonwealth (Ky. Ct. App. 2012). “KRS 532.033(3). Further, the judge ordering restitution is required to monitor payment to assure that restitution is, in fact, paid.”
Joseph Lawson v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 532.033(6) — 3 cases
Commonwealth of Kentucky v. Kimberly A. Brown (Ky. Ct. App. 2023).
Jay Peterson v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
Mark Joshua Collins v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 532.033(8) — 5 cases
Commonwealth v. Wright (Ky. 2013). “KRS 532.033(8) The Commonwealth also relies upon KRS 532.”
Commonwealth v. Adams (Ky. Ct. App. 2018). “200, KRS 532.033 and KRS 533.020(4). KRS 431.200 states in relevant part as follows: Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation.”
Commonwealth of Kentucky v. Carrie L. Carroll (Ky. Ct. App. 2023).
Commonwealth of Kentucky v. Kimberly A. Brown (Ky. Ct. App. 2023).
Joseph Lawson v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
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