Request By:
Thomas H. Bugg
Roberts & Bugg
217 East Clay Street
Clinton, Kentucky 42031
Opinion
Opinion By: Steven L. Beshear, Attorney General; Martin Glazer, Assistant Attorney General
You seek an opinion concerning an interpretation of HB 149, 1982 General Assembly, dealing with a method of funding the Crime Victims' Compensation Fund.
You ask whether a $10 cost established therein must be imposed where imprisonment is possible (that is, where the crime authorizes imprisonment) or only where imprisonment is actually imposed.
We have previously advised in OAG 82-332 that the cost covered all misdemeanors in which imprisonment could be imposed. The question you now raise was not specifically asked in OAG 82-332, but that opinion could have left the impression that when imprisonment is authorized but not assessed the fee is applicable.
However, the language of Section 1 of the Bill creates 346.185(1) which provides, in part, as follows:
"(1) There is established in the state treasury the 'crime victims' compensation fund,' hereinafter referred to as the 'fund,' to be administered by the crime victims' compensation board. In all cases in which defendants are given a sentence of imprisonment or are placed under the supervision of the state parole board or have been placed on probation or other form of conditional release, after an adjudication of guilty or after imposition of sentence, whether upon a plea of guilty or after trial, there shall be imposed as an additional cost the sum of ten dollars ($10.00) for all offenses for which imprisonment may be imposed. . . ." (Emphasis supplied.)
The term, "may be imposed," in the latter part of the sentence should be construed as is imposed, since it refers only to those sentences in which imprisonment or probation or conditional release has been imposed.
So, in our opinion, only where the Court gives a sentence of imprisonment, or places the defendant on probation, or on conditional release is the $10 collected. If a defendant is only fined, even though the crime authorizes a jail sentence the $10 is not collected. OAG 82-332 is modified accordingly.