200 KAR 38:030. Allocation and distribution of criminal court fees.

 

      RELATES TO: KRS 23A.205, 23A.206, 23A.2065, 23A.215, 24A.175, 24A.176, 24A.1765, 24A.180, 42.320

      STATUTORY AUTHORITY: KRS 42.0201(3), (5)(a)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 23A.205 imposes a $100 court cost on a defendant convicted of a criminal offense in circuit court. KRS 23A.206 imposes a twenty (20) dollar fee and KRS 23A.2065 imposes a five (5) dollar fee on a defendant convicted of a criminal offense in circuit court. KRS 24A.175 imposes a $100 court cost on a defendant convicted of a criminal offense in district court. KRS 24A.176 imposes a twenty (20) dollar fee and KRS 24A.1765 imposes a five (5) dollar fee upon a defendant convicted of a criminal offense in district court. This administrative regulation provides for the distribution of the court costs and fees by the Finance and Administration Cabinet for the purposes specified in the statutes.

 

      Section 1. Circuit Court Criminal Convictions Fees. (1) In accordance with KRS 23A.215(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the $100 fee imposed by KRS 23A.205 upon a defendant convicted in criminal case in circuit court.

      (2) Pursuant to KRS 42.320, the total amount of the $100 fee collected shall be allocated monthly by the Finance and Administration Cabinet, on a percentage basis, to the agencies and for the purposes indicated in the statute.

      (3) In accordance with KRS 23A.215(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the twenty (20) dollar fee imposed by KRS 23A.206 upon a defendant convicted in criminal case in circuit court.

      (4) Pursuant to KRS 23A.206(5), the total amount of the twenty (20) dollar fee collected shall be allocated quarterly by the Finance and Administration Cabinet, on a percentage basis, to the agencies, and for the purposes, indicated below:

      (a) Thirty (30) percent of the total shall be distributed equally to the cities, counties, urban-counties, charter counties or consolidated local governments with a police department or that contract for police services.

      (b) Fifty (50) percent of the total shall be divided by the number of certified police officers, pursuant to KRS 15.380 to 15.404, and distributed to the cities, counties, urban-counties, charter counties or consolidated local governments with a police department or that contract for police services based on the number of certified police officers in the police department.

      1. Annually, the number of certified police officers shall be based on a report prepared on or before August 1 by the Justice and Public Safety Cabinet specifying the number of certified police officers employed by a local government as of July 1.

      2. For the purpose of this subsection, the number of contracted officers shall be calculated as follows:

      a. If the expenditure is $59,999 or less per fiscal year, the number of contracted officers calculated shall be zero.

      b. If the expenditure is $60,000 to $119,999 per fiscal year, the number of contracted officers calculated shall be one (1).

      c. An additional contracted officer shall be calculated for each $60,000 annually expended above $120,000 per fiscal year.

      (c) Twenty (20) percent of the total shall be distributed equally to the fiscal court in counties with fiscal responsibility for jails or transporting prisoners.

      (5) In accordance with KRS 23A.215(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the five (5) dollar fee imposed by KRS 23A.2065 upon a defendant convicted in criminal case in circuit court.

      (6) Pursuant to KRS 23A.2065, the total amount of the five (5) dollar fee collected shall be distributed quarterly by the Finance and Administration Cabinet to the Health and Family Services Cabinet for the purpose specified in the statute.

 

      Section 2. District Court Criminal Convictions Fees. (1) In accordance with KRS 24A.180(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the $100 fee imposed by KRS 24A.175 upon a defendant convicted in a criminal case in district court.

      (2) Pursuant to KRS 42.320, the total amount of the $100 fee collected shall be allocated monthly by the Finance and Administration Cabinet, on a percentage basis, to the agencies and for the purposes indicated in the statute.

      (3) In accordance with KRS 24A.180(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the twenty (20) dollar fee imposed by KRS 24A.176 upon a defendant convicted in a criminal case in district court.

      (4) Pursuant to KRS 24A.176(5), the total amount of the twenty (20) dollar fee collected shall be allocated quarterly by the Finance and Administration Cabinet, on a percentage basis, to the agencies, and for the purposes, indicated below:

      (a) Thirty (30) percent of the total shall be distributed equally to the cities, counties, urban-counties, charter counties or consolidated local governments with a police department or that contract for police services.

      (b) Fifty (50) percent of the total shall be divided by the number of certified police officers, pursuant to KRS 15.380 to 15.404, and distributed to the cities, counties, urban-counties, charter counties or consolidated local governments with a police department or that contract for police services based on the number of certified police officers in the police department.

      1. Annually, the number of certified police officers shall be based on a report prepared on or before August 1 by the Justice and Public Safety Cabinet specifying the number of certified police officers employed by a local government as of July 1.

      2. For the purpose of this subsection, the number of contracted officers shall be calculated as follows:

      a. If the expenditure is $59,999 or less per fiscal year, the number of contracted officers calculated shall be zero.

      b. If the expenditure is $60,000 to $119,999 per fiscal year, the number of contracted officers calculated shall be one (1).

      c. An additional contracted officer shall be calculated for each $60,000 annually expended above $120,000 per fiscal year.

      (c) Twenty (20) percent of the total shall be distributed equally to the fiscal court in counties with fiscal responsibility for jails or transporting prisoners.

      (5) In accordance with KRS 24A.180(5), circuit clerks shall report to the Finance and Administration Cabinet and pay to the state treasury the five (5) dollar fee imposed by KRS 24A.1765 upon a defendant convicted in a criminal case in district court.

      (6) Pursuant to KRS 24A.1765, the total amount of the five (5) dollar fee collected shall be distributed quarterly by the Finance and Administration Cabinet to the Health and Family Services Cabinet for the purpose specified in the statute.

 

      Section 3. Distribution of Court Costs for Criminal Cases. (1) The Finance and Administration Cabinet shall distribute the collected court costs and fees from criminal cases in the circuit and district courts from the court cost distribution fund established pursuant to KRS 42.320 as a percentage of the total amount deposited in the fund.

      (2) The Finance and Administration Cabinet shall allocate the total court costs and fees collected in three (3) pools.

      (a) Eighty (80) percent of the fund shall be distributed monthly in accordance with Sections 1(2) and 2(2) of this administrative regulation.

      (b) Sixteen (16) percent of the fund shall be distributed quarterly in accordance with Sections 1(4) and 2(4) of this administrative regulation.

      (c) Four (4) percent of the fund shall be distributed quarterly in accordance with Sections 1(6) and 2(6) of this administrative regulation. (31 Ky.R. 1032; Am. 1235; eff. 1-21-2005).