(1) The sentencing court may order a person who is sentenced to a term of incarceration
for any nonstatus juvenile offense, moving traffic violation, criminal violation,
misdemeanor, or Class D felony offense to reimburse the state or local government
for the costs of his incarceration. The reimbursements paid under this subsection
shall be credited to the local government sinking fund.
(2) The sentencing court shall determine the amount of incarceration costs to be paid
based on the following factors:
(a) The actual per diem, per person, cost of incarceration;
(b) The cost of medical services provided to a prisoner less any copayment paid
by the prisoner; and
(c) The prisoner's ability to pay all or part of his incarceration costs.
(3) Reimbursement of incarceration costs shall be paid by the defendant directly to the
jailer in the amount specified by written order of the court. Incarceration costs owed
to the Department of Corrections shall be paid through the circuit clerk.
Effective: August 1, 2002
History: Amended 2002 Ky. Acts ch. 183, sec. 33, effective August 1, 2002. -- Created
1998 Ky. Acts ch. 606, sec. 178, effective July 15, 1998.
Notes of Decisions
Aaron Bowlin v. Commonwealth of Kentucky (Ky. 2025).
· cites it 5× “On discretionary review, this Court cited to related statutory provisions, KRS 532.352 and KRS 532.358, which also refer to “the sentencing court” to find “the sentencing court is the only entity able to order the reimbursement and billing of incarceration fees, not the county…”
— Ky. Rev. Stat. § 532.352(1) — 3 cases
Aaron Bowlin v. Commonwealth of Kentucky (Ky. 2025).
“On discretionary review, this Court cited to related statutory provisions, KRS 532.352 and KRS 532.358, which also refer to “the sentencing court” to find “the sentencing court is the only entity able to order the reimbursement and billing of incarceration fees, not the county…”
— Ky. Rev. Stat. § 532.352(3) — 2 cases
Aaron Bowlin v. Commonwealth of Kentucky (Ky. 2025).
“On discretionary review, this Court cited to related statutory provisions, KRS 532.352 and KRS 532.358, which also refer to “the sentencing court” to find “the sentencing court is the only entity able to order the reimbursement and billing of incarceration fees, not the county…”
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