Determination of reason for defendant's default -- Show cause hearing --
Certain installment payments not to be reported as liquidated debt.
(1) When a defendant is sentenced to pay court costs, fees, or fines, the court
may provide for payment to be made within a specified period of time or in
specified installments. If no such provision is made a part of the sentence, then
the court costs, fees, or fines shall be payable forthwith.
(2) If the court establishes an installment payment plan for a defendant to pay the
full amount of court costs, fees, or fines:
(a) The defendant shall be given notice of the total amount due, the payment
frequency, and the date by which all payments must be made. The notice
shall indicate that if the defendant has not complied with the installment
payment plan by the scheduled date, he or she shall appear on that date
to show good cause as to why he or she is unable to satisfy the
obligations. This notice shall be given to the defendant in writing on a
form provided by the Administrative Office of the Courts;
(b) Except as provided in subsection (3) of this section, all court costs, fees,
and fines shall be paid within one (1) year of the date of sentencing
notwithstanding any remaining restitution or other monetary penalty owed
by the defendant and arising out of the conviction; and
(c) Installment payments shall be applied first to court costs, then to
restitution, then to fees, and then to fines.
(3) (a) If a defendant is required to appear at a show cause hearing pursuant to
subsection (2)(a) of this section, the court shall determine whether the
defendant's default in payment of court costs, fees, or fines is:
1. Excusable due to an inability to pay, and if so, the court may enter
an order allowing additional time for payment, reducing the amount
of each installment, or modifying the manner of payment in any
other way; or
2. Willful and not due to an inability to pay, and if so, the court may
order the defendant to jail on the condition that the defendant shall
be released upon payment or completion of daily credit pursuant to
KRS 534.070.
(b) If the defendant fails to appear at the show cause hearing, the court may
issue a warrant for the defendant's arrest. Any warrant for arrest issued
for nonpayment of court costs, fees, or fines pursuant to this subsection
shall include a notice to the jailer that the defendant shall be released
upon payment or completion of daily credit pursuant to KRS 534.070.
(4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative
sentence of imprisonment that is to be served in the event the court costs,
fees, or fines are not paid shall not be imposed at the same time. The response
of a court to nonpayment shall be determined only after:
(a) The court costs, fees, or fines have not been paid; and
(b) 1. The show cause hearing has been held pursuant to subsections
(2)(a) and (3)(a) of this section; or
2. The defendant has failed to appear at the show cause hearing as
outlined in subsection (3)(b) of this section.
(5) Court costs, fees, or fines being paid under an installment payment plan that is
actively monitored by the court shall not be reported as part of the inventory of
liquidated debt pursuant to KRS 45.241.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 4, effective June 29, 2017. --
Amended 2002 Ky. Acts ch. 183, sec. 38, effective August 1, 2002. -- Created
1974 Ky. Acts ch. 406, sec. 291, effective January 1, 1975.
Notes of Decisions
Cited in
13
cases (
8 in the last 5 years), 1987–2025 · leading case:
Beane v. Commonwealth, 736 S.W.2d 317 (Ky. 1987).
Beane v. Commonwealth, 736 S.W.2d 317 (Ky. 1987).
· cites it 2× “(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 534.020 relating to the method of imposition and KRS 534.”
Amanda Richardson v. Commonwealth of Kentucky (Ky. Ct. App. 2020).
· cites it 4× “She also contends that the court erred in levying court costs to be paid past the one-year cap set out in KRS 534.020(2)(b). For the reasons stated below, we affirm the trial court’s enforcement of the hammer clause.”
Billy Chadwell v. Commonwealth of Kentucky (Ky. 2021).
· cites it 4× “KRS 534.020. 2 In support, Chadwell argues the trial court exceeded its authority under these statutes as they require all imposed court costs to be paid at the time of sentencing or within one year thereafter.”
Cole v. Commonwealth, 578 S.W.3d 353 (Ky. Ct. App. 2019).
· cites it 4× “The mere fact that the service fee is subject to KRS 534.”
Charles Hupp v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
· cites it 3× “-12- impose court costs by way of an “installment payment plan in accordance with KRS 534.020.” However, KRS 534.020(2)(b) mandates “all court costs, fees, and fines shall be paid within one (1) year of the date of sentencing[.”
Wanda Campbell v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
· cites it 3× “205(2) because she is a “poor person” and in -7- violation of KRS 534.020(2)(b) because the payment could not be collected within a year.”
Frederick Jones v. Commonwealth of Kentucky (Ky. 2021).
“Then, “[u]pon the issuance of an order vacating and expunging a conviction pursuant to this section, the applicant shall be charged an expungement fee of two hundred fifty dollars ($250), which may be payable by an installment plan in accordance with KRS 534.020.” KRS…”
Blake Jeffreys v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
“Ultimately concluding that the trial court did not abuse its discretion in assessing the DUI fee, the Court elaborated as follows: Even though the service fee is not a fine, it is subject to waiver under KRS 534.020(3)(a)(1), which may or may not result in complete elimination…”
Chase Stone v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
“(3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an…”
Christopher Melton v. Commonwealth of Kentucky (Ky. 2018).
“(3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount ofthe'court costs, fees, or fines at the time of sentencing, then the court may establish an…”
— Ky. Rev. Stat. § 534.020(2)(6) — 1 case
— Ky. Rev. Stat. § 534.020(2)(b) — 4 cases
Amanda Richardson v. Commonwealth of Kentucky (Ky. Ct. App. 2020).
“She also contends that the court erred in levying court costs to be paid past the one-year cap set out in KRS 534.020(2)(b). For the reasons stated below, we affirm the trial court’s enforcement of the hammer clause.”
Charles Hupp v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
“-12- impose court costs by way of an “installment payment plan in accordance with KRS 534.020.” However, KRS 534.020(2)(b) mandates “all court costs, fees, and fines shall be paid within one (1) year of the date of sentencing[.”
— Ky. Rev. Stat. § 534.020(3)(a) — 1 case
— Ky. Rev. Stat. § 534.020(3)(a)(1) — 1 case
Blake Jeffreys v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
“Ultimately concluding that the trial court did not abuse its discretion in assessing the DUI fee, the Court elaborated as follows: Even though the service fee is not a fine, it is subject to waiver under KRS 534.020(3)(a)(1), which may or may not result in complete elimination…”
— Ky. Rev. Stat. § 534.020(3)(a)(l) — 1 case
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