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22-3425. Commitment for failure to pay fine and costs. (1) When a defendant is adjudged to pay a fine and costs, the court may order him to be committed to the county jail until such fine and costs are paid or may make an order providing for the payment of such fines and costs in installments.

(2) Any person confined in the county jail for failure to pay a fine or costs may be released by the court which imposed sentence, upon satisfactory proof that such person is unable to pay such fine and costs. A release under this section shall not discharge a person from his liability to pay the fine and costs adjudged against him, but they may thereafter be collected by execution as on judgments in civil cases.

History: L. 1970, ch. 129, ยง 22-3425; July 1.

Source or Prior Law:

62-1513, 62-1514, 62-1515, 63-309.

Law Review and Bar Journal References:

Subsection (1) cited as having been circumscribed by the U.S. supreme court; imprisonment limited to the statutory term, William M. Ferguson, 39 J.B.A.K. 351, 352 (1970).

CASE ANNOTATIONS

1. Cited in opinion noting that under K.S.A. 22-3602, defendant may not appeal conviction following guilty plea. State v. Larry, 252 Kan. 92, 95, 843 P.2d 196 (1992).

2. Defendant with ability to pay costs but who refuses may be required to spend time in jail. State v. Phillips, 289 Kan. 28, 210 P.3d 93 (2009).


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