Cases | Hearn v. Commonwealth, 80 S.W.3d 432 (Ky. 2002) | 2018
The defendants pled guilty to theft by failure to make required disposition of property and theft by deception, arising from theft from a public education foundation. The defendants were ordered to pay restitution to the foundation as a condition of probation. The trial court denied the Commonwealth’s request that the defendants pay interest in addition to the principal amount owed, on the basis that there was no criminal statute providing for interest on restitution. The prosecution appealed and the appellate court reversed the relevant portions of the order and remanded for additional proceedings. The supreme court interpreted the language of Ky. Rev. Stat. Ann. § 533.030 to include interest as “monetary damage,” and ordered the trial court to add post-judgment interest to the principal amount of the restitution imposed. The foundation would suffer a substantial decrease in the value of its property and loss of use of funds unless interest was permitted. Imposition of interest served the legislative purpose of deterrence and rehabilitation as well as making the victim whole. The interests of judicial economy and substantial justice for victims were enhanced by ordering interest because victims would not have to spend additional time and funds seeking an appropriate civil remedy. Further, there was no undue or inherently difficult burden on the trial court to require full restitution.