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Statutes > Kansas > Chapter21 > Article46 > Statutes_12137

21-4607

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

21-4607. Criteria for imposing fines.(1) When the law authorizes any other disposition, a fine shall not beimposed as the sole and exclusive punishment unless having regard to thenature and circumstances of the crime and to the history and character ofthe defendant, the court is of the opinion that the fine alone suffices forthe protection of the public.

(2) The court shall not sentence a defendant to pay a fine in additionto a sentence of imprisonment, probation or assignment to acommunity correctional services program unless:

(a) The defendant has derived a pecuniary gain from the crime; or

(b) the court is of the opinion that a fine is adapted to deterrence ofthe crime involved or to the correction of the offender.

(3) In determining the amount and method of payment of a fine, the courtshall take into account the financial resources of the defendant and thenature of the burden that its payment will impose.

History: L. 1969, ch. 180, § 21-4607;L. 1986, ch. 123, § 8; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article46 > Statutes_12137

21-4607

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

21-4607. Criteria for imposing fines.(1) When the law authorizes any other disposition, a fine shall not beimposed as the sole and exclusive punishment unless having regard to thenature and circumstances of the crime and to the history and character ofthe defendant, the court is of the opinion that the fine alone suffices forthe protection of the public.

(2) The court shall not sentence a defendant to pay a fine in additionto a sentence of imprisonment, probation or assignment to acommunity correctional services program unless:

(a) The defendant has derived a pecuniary gain from the crime; or

(b) the court is of the opinion that a fine is adapted to deterrence ofthe crime involved or to the correction of the offender.

(3) In determining the amount and method of payment of a fine, the courtshall take into account the financial resources of the defendant and thenature of the burden that its payment will impose.

History: L. 1969, ch. 180, § 21-4607;L. 1986, ch. 123, § 8; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter21 > Article46 > Statutes_12137

21-4607

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

21-4607. Criteria for imposing fines.(1) When the law authorizes any other disposition, a fine shall not beimposed as the sole and exclusive punishment unless having regard to thenature and circumstances of the crime and to the history and character ofthe defendant, the court is of the opinion that the fine alone suffices forthe protection of the public.

(2) The court shall not sentence a defendant to pay a fine in additionto a sentence of imprisonment, probation or assignment to acommunity correctional services program unless:

(a) The defendant has derived a pecuniary gain from the crime; or

(b) the court is of the opinion that a fine is adapted to deterrence ofthe crime involved or to the correction of the offender.

(3) In determining the amount and method of payment of a fine, the courtshall take into account the financial resources of the defendant and thenature of the burden that its payment will impose.

History: L. 1969, ch. 180, § 21-4607;L. 1986, ch. 123, § 8; July 1.