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JAILS AND COUNTY PRISONERS

KRS tit. XL, ch. 441
in effect

KRS 441.005 Definitions for chapter

441.005. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Jail" means county jails and correctional or detention facilities, including correctional facilities defined in KRS 67B.020 and juvenile detention facilities, operated by and under the supervision of any political subdivision; (2) "Holdover" means any jail housing prisoners for a maximum period of ninety-six (96) continuous hours and excluding times when a prisoner is released for a minimum of seven (7) hours for the purpose of working at his or her employment, attending an educational institution, or conducting other business pursuant to a court order, or when a prisoner is released for in court proceedings; (3) "Prisoner" means any person confined in jail pursuant to any code, ordinance, law, or statute of any unit of government and who is: (a) Charged with or convicted of an offense; or (b) Held for extradition or as a material witness; or (c) Confined for any other reason; (4) "Unit of government" means that unit of government including the United States government whose law, statute, ordinance, or code a prisoner is charged with violating. If a person is imprisoned for contempt of court, the state shall be deemed the responsible unit of government; (5) "Department" means the Department of Corrections; (6) "Jail personnel" means deputy jailers, matrons, cooks, and other food service personnel, and other jail employees involved in the supervision, custody, care, or treatment of prisoners in jails but does not include maintenance or clerical personnel; (7) "Regional jail" means a jail which is: (a) Owned and operated by one (1) county and, on a regular basis, holds prisoners for another county or for the state; or (b) Owned and operated by two (2) or more counties through a regional jail authority as provided in KRS 441.800; (8) "Commissioner" means the commissioner of the Department of Corrections; and (9) "Reentry center" means a supervised community residential facility operated by a local correctional facility, county jail, or regional jail as detailed in KRS 441.146. Effective: April 24, 2020 History: Amended 2020 Ky. Acts ch. 109, sec. 6, effective April 24, 2020. -- Amended 2017 Ky. Acts ch. 158, sec. 87, effective June 29, 2017. -- Amended 1992 Ky. Acts ch. 211, sec. 113, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 141, sec. 8, effective July 13, 1984; and ch. 415, sec. 12, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 385, sec. 1, effective July 1, 1982; and ch. 428, sec. 3, effective July 15, 1982. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 1, effective January 1, 1978.

KRS 441.025 County responsibility for incarceration of prisoners

441.025. County responsibility for incarceration of prisoners (1) The fiscal court of each county shall provide for the incarceration of prisoners arrested in the county or sentenced or held by order of the courts in the county. (2) The fiscal court shall provide for the incarceration of prisoners by: (a) Providing and maintaining a facility that complies with KRS 441.055; (b) Providing and maintaining a safe, secure, and clean jail in the county; or that complies with the health and life safety standards defined in KRS 441.055; (c) 1. Contracting with another county or a city for the incarceration and care of its prisoners; and 2. Providing for the transportation of prisoners, as provided for in KRS 441.505 and 441.510 including the provision of vehicles, drivers, and guards. (3) Nothing in this section shall prohibit a county from providing facilities for holding prisoners for limited periods of time and contracting with another county or a city for longer periods of incarceration. (4) Any county may enter into an agreement pursuant to KRS 65.210 to 65.300 to provide or to use jail facilities. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 108, sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 141, sec. 13, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 2, effective July 1, 1982. Formerly codified as KRS 441.006.

KRS 441.035 United States and cities may use county jails

441.035. United States and cities may use county jails The United States may use the jail of any county, and any city may use the jail of the county in which the city is located for the incarceration of prisoners charged with or convicted of violations of the city's ordinances, by paying the county the fees set by agreement with the fiscal court for the type of services rendered. Any jailer shall receive and confine in jail, until lawfully discharged, persons committed under the laws of the United States or for a violation of the ordinances of any city within the county. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 385, sec. 39, effective July 1, 1982 -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2227, 2228. Formerly codified as KRS 441.020.

KRS 441.045 Rules for jails -- Inspection by county judge/executive -- Medical, dental, and psychological care for prisoners -- Funds not to lapse -- Fee for use of jail medical facilities by state prisoner -- Payments to counties not to exceed Medicaid rate -- Transportation of prisoners for health care -- Responsibility for health care expenses

441.045. Rules for jails -- Inspection by county judge/executive -- Medical, dental, and psychological care for prisoners -- Funds not to lapse -- Fee for use of jail medical facilities by state prisoner -- Payments to counties not to exceed Medicaid rate -- Transportation of prisoners for health care -- Responsibility for health care expenses (1) The county governing body shall prescribe rules for the government, security, safety, and cleanliness of the jail and the comfort and treatment of prisoners, provided such rules are consistent with state law. The county judge/executive may inspect the jail at any reasonable time. (2) Willful violation of the rules promulgated pursuant to subsection (1) of this section shall be deemed a violation. (3) Except as provided in subsections (4) and (5) of this section, the cost of providing necessary medical, dental, and psychological care for indigent prisoners in the jail shall be paid from the jail budget. (4) The cost of providing necessary medical, dental, or psychological care for prisoners of the United States government shall be paid as provided by contract between the United States government and the county or as may otherwise be provided by federal law. (5) (a) The cost of providing necessary medical, dental, or psychological care, beyond routine care and diagnostic services, for prisoners held pursuant to a contractual agreement with the state shall be paid as provided by contract between the state and county. The costs of necessary medical, dental, or psychological care, beyond routine care and diagnostic services, of prisoners held in the jail for which the county receives a per diem payment shall be paid by the state. (b) To the extent that federal law allows and federal financial participation is available, for the limited purpose of implementing this section, the jail, the department, or the department's designee is authorized to act on behalf of an inmate for purposes of applying for Medicaid eligibility. (6) The cost of providing necessary medical, dental, or psychological care for prisoners held pursuant to a contractual agreement with another county or a city shall be paid as provided by contract between the county or city and county. (7) (a) When the cost of necessary medical, dental, or psychological care for a prisoner exceeds one thousand dollars ($1,000), as calculated by using the maximum allowable costs to similar persons or facilities for the same or similar services under the Kentucky Medical Assistance Program, the state shall reimburse the county for that portion of the costs that exceeds one thousand dollars ($1,000). The reimbursement shall be subject to the following terms and conditions: 1. The care is necessary as defined in subsection (10) of this section; 2. The prisoner is indigent as defined in subsection (8) of this section, or is uninsured; and 3. No state reimbursement to the county for care provided by physicians, hospitals, laboratories, or other health care providers shall exceed the maximum payments allowed to similar persons or facilities for the same or similar services under the Kentucky Medical Assistance Program, except as provided in subsection (11) of this section. (b) A county may assign its ability to receive payment from the state under this subsection to the person providing the medical, dental, or psychological care to the prisoner, which assignment shall be accepted by the provider for the purposes of submitting billing directly to the state. The state shall pay or deny a claim submitted to it within ninety (90) days of receiving the claim. The county shall include with the assignment the information required by subsection (8) of this section necessary to qualify the prisoner as indigent. The provider shall bill for any other public or private health benefit plan or health insurance benefits available to the prisoner prior to billing the state under this subsection, and shall bill the state prior to billing the county. The county shall retain ultimate payment responsibility as established under subsection (3) of this section, and the provider may bill the county for payment after the expiration of ninety (90) days from the date the provider submitted the claim to the state for payment if the claim remains unpaid at that time. (8) (a) The determination of whether a prisoner is indigent shall be made pursuant to KRS 31.120, and may be evidenced by the affidavit of indigency required by that statute or the appointment of a public defender under that statute. The prisoner shall not be considered indigent, in the case of prisoner medical care, if: 1. The prisoner has funds on his or her inmate account to cover all or a portion of his or her medical expenses; 2. The prisoner's medical expenses are covered on a medical insurance policy; or 3. The prisoner has the private resources to pay for the use of the medical facilities. (b) Prisoners who are later determined not to have been indigent, or who at a time following treatment are no longer indigent, shall be required to repay the costs of payments made pursuant to this section to the unit of government which made the payment. (9) The terms and conditions relating to any determination of nonindigency and demands for repayment shall be under the same terms and conditions as are provided under KRS Chapters 31 and 431 relating to similar circumstances in the program for defense of indigents by the public advocate. (10) For the purposes of this section, "necessary care" means care of a nonelective nature that cannot be postponed until after the period of confinement without hazard to the life or health of the prisoner. (11) Any money appropriated for a given fiscal year to fund the state's obligation under subsection (7) of this section which remains unspent at the end of the year shall not lapse but shall be made available to satisfy, to the maximum extent possible, that portion of each catastrophic claim made during said year above the threshold amount for which the county did not receive state assistance pursuant to subsection (7) of this section. In the event there is an insufficient surplus to satisfy said balance of all such catastrophic claims which are made during that year, the state shall pay to those qualified counties, on a per claim basis, an amount equal to each claim's percentage of the total surplus. Should the surplus be sufficient to satisfy all such catastrophic claims, the amount remaining, if any, shall not lapse but shall be carried forward to the next fiscal year to be made available for future catastrophic claims. (12) Notwithstanding other provisions of this section to the contrary, a jail may impose a reasonable fee for the use of jail medical facilities by a prisoner who has the ability to pay for the medical care. These funds may be deducted from the prisoner's inmate account. A prisoner shall not be denied medical treatment because he or she has insufficient funds on his or her inmate account. This subsection shall not preclude other recovery of funds as provided in this section. (13) (a) Notwithstanding any other provision of this section to the contrary, a jail may impose a reasonable fee for the use of jail medical facilities by a state prisoner who has been placed in a jail pursuant to a contract with the Department of Corrections under KRS 532.100 or other statute, and who has the ability to pay for medical care. (b) Funds may be deducted from the state prisoner's inmate account at the jail. (c) A state prisoner shall not be denied medical treatment because he or she has insufficient funds in his or her inmate account. (d) This subsection shall not preclude other recovery of funds as provided in this section. (e) This subsection does not authorize recovery of funds from a prisoner for medical care which has been paid or reimbursed by the state pursuant to this section. (14) Except as provided in subsection (4) of this section, all payments for necessary medical, dental, or psychological care for jail, regional jail, or holdover prisoners shall be made at a rate not to exceed the Medicaid rate for the same or similar services, which shall be paid within thirty (30) days under the provisions of KRS 65.140 of receiving a claim from the health facility or provider for the item or service. This subsection shall not obligate the Medicaid program to pay for services provided to a prisoner. (15) (a) A peace officer or correctional officer having custody of a person shall not release the person from custody so that the person may receive treatment from a health care facility or health care provider, except pursuant to an order issued by a court of competent jurisdiction which specifically names the person to receive treatment. (b) A peace officer or correctional officer having custody of a person may take the person to a health care facility or health care provider for the purpose of receiving treatment if a correctional officer remains with the person during the time the person is on the premises of the health care facility or health care provider, unless the facility or provider consents to the absence of the officer. (c) A county, urban-county, consolidated local government, charter county, unified local government, jail, regional jail, holdover, local detention center, or other local correctional facility shall not be responsible for paying for the medical or other health care costs of a person who is released by a court of competent jurisdiction, except where the release is for the purpose of receiving medical or other health care services as evidenced by an order requiring the person to return to custody upon completion of treatment. (d) When a county, urban-county, consolidated local government, charter county, unified local government, jail, regional jail, holdover, local detention center, or other local correctional facility is responsible for paying for medical or other health care costs under paragraph (c) of this subsection, payment shall be made only at the Medicaid rate for same or similar services. (e) For the purposes of this subsection, "correctional officer" includes a: 1. Jailer or deputy jailer; 2. Director or other person in charge of a local detention center, local correctional facility, or regional jail; and 3. Correctional officer employed by a local detention center, local correctional facility, or regional jail. Effective: April 24, 2020 History: Amended 2020 Ky. Acts ch. 109, sec. 7, effective April 24, 2020. -- Amended 2014 Ky. Acts ch. 94, sec. 2, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 69, sec. 11, effective June 25, 2013. -- Amended 2011 Ky. Acts ch 2, sec. 75, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 8, sec. 1, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 61, sec. 1, effective July 15, 1996; and ch. 108, sec. 2, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 343, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 415, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 385, sec. 38, effective July 1, 1982. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 1, effective May 12, 1979. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 2, effective January 1, 1978; and ch. 14, sec. 457, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2233, 2235. Formerly codified as KRS 441.010.

KRS 441.046 Persons in adult or juvenile detention facility to be fingerprinted -- Failure of jailer to comply

441.046. Persons in adult or juvenile detention facility to be fingerprinted -- Failure of jailer to comply (1) All persons arrested or detained in any adult or juvenile detention facility shall be fingerprinted prior to the person's release from custody. A copy of these fingerprints shall be transmitted to the Department of Kentucky State Police for review. (2) The jailer shall fingerprint persons for other law enforcement agencies. (3) The jailer shall submit the fingerprints to the Department of Kentucky State Police in the manner and at the time required by the Department of Kentucky State Police through administrative regulation. (4) The Department of Kentucky State Police shall notify the Department of Corrections and the jailer, in writing, of the intentional failure of a jailer to comply with subsection (1), (2), or (3) of this section. Upon the first receipt of the notification of an intentional failure to comply with subsection (1), (2), or (3) of this section, the Department of Corrections shall issue a formal written warning to the jailer setting forth the consequences of continued intentional failure to comply with subsection (1), (2), or (3) of this section. (5) If the jailer intentionally failed to comply with any fingerprinting requirements of subsection (1), (2), or (3) of this section, after being warned of such intentional failure, the Department of Corrections shall have authority to withhold the state contribution under KRS 441.206 and may require the jailer to return the state contribution funds received under KRS 441.206 for any period in which he or she intentionally failed to comply after being warned. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 323, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 29, effective July 12, 2006. -- Created 1998 Ky. Acts ch. 606, sec. 30, effective July 15, 1998.

KRS 441.047 Psychiatric and similar services for criminal defendants

441.047. Psychiatric and similar services for criminal defendants (1) Whenever a prisoner confined in the county jail is in need of psychiatric or similar evaluation, treatment, or services, it shall be the responsibility of the Commonwealth to provide such evaluation, treatment, or services at the expense of the Commonwealth at the nearest state-operated or state-supported facility suitable for the provision of the required evaluation, treatment, or services at no cost to the county. (2) Whenever a criminal defendant is in need of psychiatric, sociological, or similar evaluation in connection with the criminal proceedings in which he is a defendant it shall be the responsibility of the Commonwealth to provide the evaluation at the nearest state-operated or state-supported facility suitable for the provision of the required evaluation at no cost to the county. (3) In the event that no suitable state-operated or state-supported facility is located within a reasonable distance, then the evaluation may be made at a suitable local facility or at the jail. In such instances a request must first be made to the Cabinet for Health and Family Services to provide the evaluation, treatment, or service unless the situation is an emergency requiring immediate attention. If the cabinet cannot provide the service or if the situation is an emergency, then local resources may be utilized. (4) In the event that local resources are utilized in an emergency situation, or when the Cabinet for Health and Family Services is unable to provide the evaluation, treatment, or service, then the reasonable cost of providing such service, treatment, or evaluation shall be paid from the State Treasury in the same manner as other medical expenses of indigent prisoners confined in the county jail. (5) The Cabinet for Health and Family Services shall administer the provisions of this section and shall issue such administrative regulations as necessary to carry out the provisions of this section. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 651, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 603, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 155, sec. 1, effective July 15, 1986.

KRS 441.048 Screening for mental health risk issues upon admittance to detention

441.048. Screening for mental health risk issues upon admittance to detention Every prisoner, upon admittance to detention, shall be screened for mental health risk issues, including mental illness, suicide, intellectual disabilities, and acquired brain injury, by the personnel of the facility in which facility the prisoner is detained. Facilities have the discretion of using the telephonic behavioral health jail triage system created in KRS 210.365. Where the triage system indicates levels of behavioral health risk, the facility holding the prisoner may consider implementing the recommended protocols for housing, supervision, and care delivery that match the level of risk. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 119, effective July 12, 2012. -- Created 2004 Ky. Acts ch. 137, sec. 3, effective July 13, 2004.

KRS 441.052 Insurance coverage of prisoner -- Subrogation of rights to Department of Corrections' contractee for medical and pharmaceutical services

441.052. Insurance coverage of prisoner -- Subrogation of rights to Department of Corrections' contractee for medical and pharmaceutical services (1) When a unit of local government or regional jail authority facilitates medical care for a prisoner confined in the jail, holdover, or regional jail who has not been convicted as a felon and who holds a policy, contract, or certificate of insurance coverage in any form, the insurer shall be primary for payment of medically necessary health care benefit claims provided the following conditions are met: (a) The reimbursement shall be for medical, dental, or psychological claims that are covered benefits under the terms and conditions of the health benefit plan held by the prisoner; (b) The reimbursement shall be applied under the terms and conditions of the health benefit plan and in the same manner as though the insured were not a prisoner; and (c) All premiums for the health benefit plan are current. (2) If the unit of local government, combination of units of local government, or regional jail authority has contracted with the Department of Corrections under the Department of Corrections' contract for medical, dental, or psychological care access, or drugs, medicines, or pharmaceutical services, then the rights of the local government, combination of local governments, or regional jail authority shall be subrogated to the contract provider of such services to the Department of Corrections. (3) If the unit of local government, combination of units of local government, or regional jail authority has, with the approval of the Department of Corrections, contracted with another pharmaceutical services provider, then the rights of the local government, combination of local governments, or regional jail authority shall be subrogated to the contract provider of medical, dental, or psychological care to the local jail for access to drugs, medicines, or pharmaceutical services to the unit of local government, combination of units of local government, or regional jail authority. (4) If a prisoner has been transferred from a local jail, regional jail, or holdover to the Department of Corrections for medical care pursuant to KRS 441.560, then the contract provider of drugs and pharmaceutical services or the contract provider of medical, dental, or psychological care shall be subrogated to the provider of such services to the Department of Corrections. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 128, sec. 3, effective June 26, 2007.

KRS 441.053 Required use of the Department of Corrections' pharmacy plan and medical, dental, and psychological care access plan -- Waivers -- Appeal -- Reimbursement not to exceed Medicaid rate

441.053. Required use of the Department of Corrections' pharmacy plan and medical, dental, and psychological care access plan -- Waivers -- Appeal -- Reimbursement not to exceed Medicaid rate (1) Except as provided in subsection (2) of this section , each jail, regional jail, holdover, or other correctional facility owned or operated by a unit of local government, combination of units of local government, or regional jail authority shall utilize the Department of Corrections' contract pharmacy plan. (2) (a) Except as provided in paragraph (b) of this subsection, the Department of Corrections shall, on a yearly basis, waive the requirement of subsection (1) of this section if the unit of local government, combination of units of local government, or regional jail authority proves to the Department of Corrections that the unit of local government, combination of units of local government, or regional jail authority has contracted with another vendor and that: 1. The prescription plan covers pharmacy serv ices, drugs, and medicine in a manner which is equal to or superior to the Department of Corrections' contract pharmacy plan; and 2. The cost of the prescription plan is equal to or less in total cost, including the product cost and all other costs associa ted with the delivery of the drugs, than the Department of Corrections' contract pharmacy plan. (b) If a unit of local government, combination of units of local government, or regional jail authority contracts with a private provider of comprehensive health services for inmates, then that private provider may elect not to use the Department of Corrections' contract pharmacy plan and a waiver under this subsection shall not be required. (3) Except as provided in subsection (4) of this section, each jail, reg ional jail, holdover, or other correctional facility owned or operated by a unit of local government, combination of units of local government, or regional jail authority shall utilize the Department of Corrections' contract medical, dental, and psychological care access plan, and the administrative service fee for the plan shall be paid by the Department of Corrections subject to the limits of 2007 Ky. Acts ch. 128, sec. 5. (4) The Department of Corrections may, on a yearly basis, waive the requirement of subsection (3) of this section if the unit of local government, combination of units of local government, or regional jail authority proves to the Department of Corrections that the unit of local government, combination of units of local government, or regional jail authority has contracted with another vendor and that: (a) The medical, dental, and psychological care access plan provides services and access which is equal to or superior to the Department of Corrections' contract medical, dental, and psychological care access plan; and (b) The cost of the medical, dental, and psychological care access plan is equal to or less in cost than the Department of Corrections' contract medical, dental, and psychological care access plan. (5) A unit of local government, combination of units of local government, or regional jail authority may appeal a decision of the Department of Corrections denying a waiver under subsection (2) or (4) of this section to the secretary of justice and public safety. (6) No program specified in this section shall require or permit reimbursement at a rate in excess of the Kentucky Medicaid program for the same or similar services or products but may permit a lesser rate of reimbursement. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 36, sec. 1, effective July 15, 2024. -- Amended 2015 Ky. Acts ch. 111, sec. 1, effective June 24, 2015. -- Amended 2011 Ky. Acts ch. 2, sec. 76, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 64, sec. 1, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 128, sec. 4, effective June 26, 2007. Legislative Research Commission Note (6/26/07). 2007 Ky. Acts chs. 24, 47, and 85 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2007 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 441.055 Regulation of jails -- Adoption and revision of standards -- Classification of jails

441.055. Regulation of jails -- Adoption and revision of standards -- Classification of jails (1) The Department of Corrections shall for those counties which elect to house state prisoners in their jail: (a) 1. Adopt the recommendations of the Jail Standards Commission created pursuant to Executive Order Number 81 -1026 and promulgate regulations pursuant to KRS Chapter 13A establishing minimum standards for jails. These standards shall include but not be limited to rules governing the following areas: a. Health and safety conditions; b. Fire safety; c. Jail operations, recordkeeping, and administration; d. Curriculum of basic and continuing annual training for jailers and jail personnel; e. Custody, care, and treatment of prisoners; f. Medical care; and g. Jail equipment, renovation, and construction. 2. These minimum standards shall specifically allow for: a. i. Provision of required documents to prisoners through electronic format; ii. Confidential prisoner access to attorneys through unmonitored phone lines in non-contact visitation areas; iii. Measures to prevent receipt of prisoner mail containing intoxicants, including in fabricated legal mail; and iv. Delivery of mail received from the court, an attorney of record, or a public official to the prisoner via an electronic copy provided on a secure, personal account after opened and inspected in the presence of the prisoner; and b. The appointment or employment of persons who have attained the age of eighteen (18) years or older who are otherwise qualified to serve in the position in which they are appointed or employed to work inside the secure perimeter of the jail; however, no person under the age of twenty-one (21) years shall be employed as a deputy jailer, possess or exercise peace officer powers, or function in a role similar to that of a deputy jailer, nor shall an individual under the age of twenty-one (21) years be employed in a position that involves supervision over inmates or persons yet to be booked into the jail. Persons who are under the age of twenty-one (21) years shall have a high school diploma or a High School Equivalency Diploma; (b) Develop a jail standards review process, which shall include the participation of persons knowledgeable of jail operations to review and amend the standards as necessary. The jail standards shall be reviewed no later than December 31, 1992, and at least every two (2) years thereafter. Fifty percent (50%) of the participants in the review process shall be appointed from persons representing county interests and fifty percent (50%) shall be appointed from persons representing state interests; and (c) Provide technical assistance and consultation to local governments in order to facilitate compliance with standards. (2) The department shall, for those counties that elect not to hold state prisoners in their jails, adopt the recommendations of the Jail Standards Commission and promulgate administrative regulations pursuant to KRS Chapter 13A to establish minimum standards for those jails. These standards shall be limited to health and life safety and shall permit persons who have attained the age of eighteen (18) years or older who are otherwise qualified to serve in the position in which they are appointed or employed to work inside the secure perimeter of the jail; however, no person under the age of twenty-one (21) years shall be employed as a deputy jailer, possess or exercise peace officer powers, or function in a role equal to that of a deputy jailer, nor shall an individual under the age of twenty-one (21) years be employed in a position that involves supervision over inmates or persons yet to be booked into the jail. Persons who are under the age of twenty-one (21) years shall have a high school diploma or a High School Equivalency Diploma. (3) All minimum standards promulgated by the department applying to jails shall include requirements for adequate nutrition for pregnant prisoners, an adequate number of hygiene products for female prisoners, and an appropriate number of undergarments for female prisoners. (4) The department may establish classifications of jails based on the maximum permissible period of incarceration or other criteria and promulgate standards for each class of jail. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 44, sec. 1, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 138, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 115, sec. 1, effective July 14, 2018. -- Amended 2014 Ky. Acts ch. 132, sec. 21, effective July 15, 2014. -- Amended 1998 Ky. Acts ch. 102, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 108, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 114, effective July 14, 1992; and ch. 262, sec. 1, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 6, effective July 1, 1982. Formerly codified as KRS 441.011. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 1 of that Act. Legislative Research Commission Note (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250. Legislative Research Commission Note (10/5/90, restored 11/12/99). Pursuant to KRS 7.136(1), "KRS Chapter 13A" was substituted for prior references to "KRS Chapter 13" in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, sec. 36, and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

KRS 441.057 Repealed, 1998

441.057. Repealed, 1998 Catchline at repeal: Administrative regulations governing juvenile holding facilities. History: Repealed 1998 Ky. Acts ch. 443, sec. 29, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 115, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 350, sec. 141, effective April 10, 1988.

KRS 441.064 Responsibilities of department -- Jail inspections -- Access to jails -- Reports

441.064. Responsibilities of department -- Jail inspections -- Access to jails -- Reports (1) The department shall employ the jail consultants, inspectors, and other employees necessary to administer and enforce the provisions of KRS 441.055 to 441.075. (2) The department shall inspect each jail biannually and may inspect jails more frequently. (3) The department shall be granted access at any reasonable time to any jail facility or part of any jail facility and shall be granted access to all books, records, and data pertaining to any jail which the department deems necessary for the administration and enforcement of the provisions of KRS 441.055 to 441.075. (4) Following an inspection of a jail, the department shall make notification of the inspection by certified or electronic mail of any deficiencies which are discovered and documented. If the deficiencies are related to health or safety, the notification shall be sent within ten (10) working days, excluding weekends and holidays. The department shall submit an annual written report of the findings of its inspections and the condition of the jail to: (a) The jailer and the fiscal court in counties where the jail is governed by the county; (b) The jail administrator and the governing authority for a jail governed by an urban-county or metro government; and (c) The jail administrator, the regional board authority, and the fiscal courts of the counties represented in counties where the jail is governed by a regional jail board. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 126, sec. 4, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 107, sec. 7, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 102, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 108, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 116, effective July 14, 1992; and ch. 262, sec. 2, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 7, effective July 1, 1982. Formerly codified as KRS 441.012.

KRS 441.065 Repealed, 1982

441.065. Repealed, 1982 Catchline at repeal: Use and administration of jail in county containing city of first class, after establishment of workhouse or penal farm. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982; amended 1982 Ky. Acts ch. 428, sec. 4. -- Created 1948 Ky. Acts ch. 232, sec. 1. Legislative Research Commission Note. This section was amended by 1982 Acts Chapter 385, Section 43 and repealed by 1982 Acts Chapter 428, Section 4. Pursuant to KRS 446.260, the repeal prevails.

KRS 441.070 Repealed, 1982

441.070. Repealed, 1982 Catchline at repeal: Fiscal court or urban-county council may establish workhouse. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 15, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4867.

KRS 441.075 Violation of regulations -- Orders and sanctions -- Procedures for orders

441.075. Violation of regulations -- Orders and sanctions -- Procedures for orders (1) If the department finds that a violation of its regulations, or the laws or other state regulations pertaining to the protection of persons and property, exists in any jail which holds state prisoners, the commissioner of the department, or his or her designee, shall order that the violation be corrected immediately. In order to enforce an order made pursuant to this subsection, the commissioner may order the jail to cease housing state prisoners. (2) If the department finds a violation of the health and life safety regulations in KRS 441.055 pertaining to the protection of persons or property, exists in any jail, the commissioner of the department, or his or her designee, shall order that the violations be corrected immediately. In order to enforce an order made pursuant to this subsection, the commissioner may order the jail closed until the violations are corrected. (3) No jail that was ordered by the Department of Corrections prior to July 15, 1996, to be closed or to operate other than as a full-service facility shall operate as a full- service facility to hold state prisoners unless it is granted a certificate of occupancy by the Department of Corrections. In order to enforce an order made pursuant to subsection (1) of this section, the commissioner may: (a) Order the jail or portions thereof to be vacated and closed until the violation is eliminated. (b) Order the jail to cease to house certain classes of prisoners or limit the length of time prisoners or certain classes of prisoners may be housed in the jail. (c) Order the state contribution made pursuant to KRS 441.206 to be used, in whole or in part, to contract with another county for the incarceration of prisoners. (4) An order issued under this section shall be in writing, incorporating the findings of the department and other agencies, if appropriate, and shall be delivered, electronically mailed, or mailed by certified mail, return receipt requested, to the county jailer and county judge/executive within twenty-four (24) hours of the issuance of the order. The county jailer or county judge/executive may, within seventy-two (72) hours of receipt of the notification, request in writing a public hearing before the commissioner of the department or his or her designee on the matters covered by the order. Upon the hearing, the commissioner of the department or his or her designee may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. The commissioner of the department or his or her designee may issue, modify, or repeal the order at the conclusion of the hearing. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 107, sec. 8, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 108, sec. 5, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 117, effective July 14, 1992; and ch. 262, sec. 3, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 29, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 415, sec. 3, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 8, effective July 1, 1982. Formerly codified as KRS 441.013. Legislative Research Commission Note (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 441.080 Repealed, 1982

441.080. Repealed, 1982 Catchline at repeal: Joint construction, management and use of workhouse. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 16, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4876, 4878.

KRS 441.085 Violation of regulations prohibited -- Department may seek court order -- Civil contempt penalty

441.085. Violation of regulations prohibited -- Department may seek court order -- Civil contempt penalty (1) No person responsible for the supervision or maintenance of a jail shall knowingly cause or permit the facility to be operated in violation of the regulations and laws of this state pertaining to the health, safety, security, and operation of jails. (2) When the department, pursuant to KRS 441.075, orders a county jailer, if it is determined he is responsible, or the fiscal court, to correct or eliminate a violation of any state regulation or law pertaining to the operations and maintenance of jails and the county jailer or fiscal court does not take corrective action to the satisfaction of the department within the time specified in the department's order, the commissioner of the department or his designee may request the Franklin County Circuit Court to enforce the orders of the department. Any person who refuses to obey the orders of the court shall be held in civil contempt. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 118, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 9, effective July 1, 1982. Formerly codified as KRS 441.014.

KRS 441.090 Repealed, 1982

441.090. Repealed, 1982 Catchline at repeal: Manager of workhouse -- Appointment -- Duties. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 6, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4868.

KRS 441.095 Appeals

441.095. Appeals Appeals from any order issued pursuant to KRS 441.055 to 441.065 shall be granted as a matter of right, and shall be taken to the Franklin County Circuit Court within thirty (30) days from the date the order is issued by the department. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 119, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 10, effective July 1, 1982. Formerly codified as KRS 441.015.

KRS 441.100 Repealed, 1976

441.100. Repealed, 1976 Catchline at repeal: Leasing out workhouse -- Duties of lessee. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 19, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4870.

KRS 441.105 Reports to fiscal court and department by jailer

441.105. Reports to fiscal court and department by jailer The jailer shall: (1) Submit a quarterly report to the fiscal court concerning the physical condition of the jail, the number of jail personnel and personnel needs, and other matters requested by the fiscal court. (2) Submit a monthly report to the department in electronic format, on forms supplied by the department, containing but not limited to the following information on each prisoner: (a) The unit of government whose law the prisoner is charged with violating, the statute or ordinance the prisoner is charged with violating, and whether the charge is a felony or misdemeanor; (b) The status of the prisoner, whether pending trial or post conviction; (c) The age and sex of the prisoner; and (d) The county responsible for the incarceration of the prisoner. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 107, sec. 9, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 211, sec. 120, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 11, effective July 1, 1982. Formerly codified as KRS 441.016.

KRS 441.110 Repealed, 1982

441.110. Repealed, 1982 Catchline at repeal: Physician for workhouse. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 17, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4872.

KRS 441.111 Possession and use of cell phones by jailer, deputy jailers, attorneys, and non-lawyer assistants

441.111. Possession and use of cell phones by jailer, deputy jailers, attorneys, and non-lawyer assistants Jailers in a county jail or regional jail shall create policies governing possession and use of cell phones within their jails by the jailer, deputy jailers, attorneys, and non-lawyer assistants as defined in KRS 31.100. These policies shall be clearly stated and posted in the entry of the jail and copies shall be made available to attorneys and non-lawyer assistants, upon request. These policies shall allow, but may provide reasonable conditions upon, attorneys to use cell phones in connection with their professional services in a detention facility. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 190, sec. 2, effective July 14, 2018.

KRS 441.115 Jail staff training program -- Jailer's training expense for allowance -- Eligibility for allowance

441.115. Jail staff training program -- Jailer's training expense for allowance -- Eligibility for allowance (1) For the purpose of raising the level of competence of jailers and jail personnel, the department shall maintain a jail staff training program to provide training for jailers and jail personnel consistent with the standards promulgated pursuant to KRS 441.055 and shall keep records of jailers and jail personnel who satisfactorily complete basic and annual continuing education. The training program shall include training on communicable diseases. A curriculum advisory committee composed of jailers, their representatives, and recognized professionals in the field of jail administration shall advise the department concerning the training needs of jailers and jail personnel. The jail staff training program shall be directed and staffed by knowledgeable persons who have sufficient experience, training, and education in jail operations. The department shall not charge a fee for training jailers, their deputies, or jailers-elect. (2) Beginning in August, 1982, each jailer shall receive an expense allowance to help defray the costs of his participation in the jail staff training program. The expense allowance shall be in the amount of three hundred dollars ($300) per month payable out of the State Treasury. Expense allowance payments shall be discontinued if the jailer fails to satisfactorily complete annual continuing training. Expense allowance payments shall be resumed following a discontinuance for failure to satisfactorily complete basic or annual training only upon the jailer's satisfactory completion of the training. (3) The allowance authorized in subsections (2) and (4) of this section shall be considered as operating expenses of the jailer's office and shall not be considered as part of his compensation. Jailers shall not be required to keep records verifying the expenditures from the allowance provided by the state. (4) In order to receive the expense allowance for their first year in office, jailers who have been elected to office for the first time, shall, before taking office, successfully complete a training program designed for new jailers and conducted by the personnel of the jail staff training program. This provision shall not apply if the jailer-elect is ill and unable to complete the training before taking office. In such cases, the jailer-elect shall successfully complete a new jailer training program during his first year in office in order to receive the expense allowance. The county or urban-county government in which the jailer-elect serves shall pay out of the jail budget, once he takes office, all necessary and reasonable travel expenses incurred by the jailer-elect in attending the new jailer training program. (5) All jailers shall successfully complete the training required. If a jailer does not successfully complete the required training within the time specified, he or she shall not receive the expense allowance specified in subsection (2) of this section until he or she successfully completes the required training. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 126, sec. 5, effective June 24, 2015. -- Amended 2007 Ky. Acts ch. 85, sec. 324, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 652, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 604, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 121, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 443, sec. 34, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 436, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 141, sec. 15, effective July 13, 1984; and ch. 415, sec. 15, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 12, effective July 1, 1982. Formerly codified as KRS 441.017. 2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, H, 5, d, (2) at 891.

KRS 441.120 Repealed, 1982

441.120. Repealed, 1982 Catchline at repeal: Place prisoners to work -- County judge/executive to designate. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 7, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1379-1.

KRS 441.125 Working of prisoners at community-service-related projects -- Written policy -- Prisoner's status not employment

441.125. Working of prisoners at community-service-related projects -- Written policy -- Prisoner's status not employment (1) (a) As used in this section, "community-service-related project" means a project involving work for: 1. The Commonwealth or an agency of the Commonwealth; 2. A county, urban-county, charter county, city, special district, or an agency of any of these entities; or 3. A nonprofit, charitable, or service organization in projects that serve a public purpose. (b) Work on a community-service-related project shall not confer private benefit on a person except as may be incidental to the public benefit. (2) Each jailer shall write a policy governing prisoners working on community-service- related projects, which shall be submitted to the fiscal court for approval. The written policy shall state at a minimum: (a) Which type of prisoner, if any, shall be assigned to which type of work, taking into account the physical and mental abilities of prisoners and security of the jail and the general public; (b) That no prisoner shall be assigned to unduly hazardous work that would endanger the life or health of the prisoner or others; and (c) That any prisoner may, for a valid medical reason, decline to work on community-service-related projects. No prisoner shall be punished or otherwise penalized for this refusal. (3) A prisoner shall not begin work on a particular community-service-related project without the approval of the director of the relevant entity referred to in subsection (1)(a) of this section, or the director's designee. (4) Participation in community-service-related projects shall not be deemed employment for any purpose, and a prisoner shall not be deemed an employee or agent of the entity for which he or she performs the community service work. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 103, sec. 1, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 384, sec. 1, effective July 14, 2000. -- Created 1982 Ky. Acts ch. 428, sec. 2, effective July 15, 1982. Formerly codified as KRS 441.068.

KRS 441.127 Service credits for work in community service program or within jail, for receipt of GED or high school diploma, for participation in drug treatment program, for exceptionally meritorious service, or for good behavior -- Withdrawal of earned credits for misconduct

441.127. Service credits for work in community service program or within jail, for receipt of GED or high school diploma, for participation in drug treatment program, for exceptionally meritorious service, or for good behavior -- Withdrawal of earned credits for misconduct (1) The jailer or correctional services department shall grant sentence credits to inmates confined in the county jail on conviction of misdemeanor charges. (2) Credit, if granted, shall be uniform and shall be based on the following: (a) For labor performed without the jail in a community service program or within the jail for the maintenance of the jail or for the operation of jail services such as food service: 1. For every eight (8) full hours of work, one (1) sentence credit shall be earned; and 2. For every five (5) of sentence credits earned, one (1) day of the sentence to be served by the inmate shall be deducted; (b) For successfully receiving a general equivalency diploma or a high school diploma, a service credit of ninety (90) days shall be earned; (c) For each day an inmate participates in a drug treatment program or other evidence-based program approved by the department, a service credit of one (1) day shall be earned; (d) For performing exceptionally meritorious service, performing duties of outstanding importance in connection with the jail's operations and programs, or performing acts of exceptional service during times of emergency, an amount not to exceed seven (7) days per act shall be earned, to be determined by the jailer or chief executive of the jail for the conduct of the inmate; and (e) For good behavior, an amount not to exceed ten (10) days shall be earned for each month served, to be determined by the jailer or chief executive of the jail for the conduct of the inmate. (3) Sentence credits shall be deducted from the maximum expiration date of the sentence. (4) If an inmate violates the rules of the jail or engages in other misconduct the jailer or correctional services department may withdraw sentence credits earned by the inmate. The jailer or correctional services department shall maintain a list of offenses and penalties for the ten (10) most common offenses and rule violations. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 115, sec. 11, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 101, sec. 3, effective July 15, 2016. -- Created 1996 Ky. Acts ch. 57, sec. 1, effective July 15, 1996. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 11 of that Act.

KRS 441.130 Repealed, 1982

441.130. Repealed, 1982 Catchline at repeal: Cost of keeping working prisoners -- Who pays -- Housing for work crews. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 8, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1379-2, 1379-3.

KRS 441.135 Canteen for prisoners -- Use of profits -- Books of accounts -- Allowable expenditures -- Jail canteen account balance -- Calculation

441.135. Canteen for prisoners -- Use of profits -- Books of accounts -- Allowable expenditures -- Jail canteen account balance -- Calculation (1) The jailer may maintain a canteen for the benefit of prisoners lodged in the jail and may assign such jail employees and prisoners to operate the canteen as are necessary for efficient operation. (2) All profits from the canteen shall be used: (a) For the benefit and to enhance the well-being of the prisoners; or (b) To enhance safety and security within the jail. The jailer shall keep books of accounts of all receipts and disbursements from the canteen and shall annually report to the county treasurer on the canteen account. (3) Allowable expenditures from a canteen account shall include but not be limited t o recreational, vocational, and medical purposes. (4) Except in counties containing an urban -county government or a consolidated local government, in order to ensure adequate, ongoing funding of jail canteen accounts, beginning July 1, 2007, and on the fir st day of each fiscal year thereafter, the jail canteen account balance shall at least equal the following amounts based on the average daily inmate population of the jail: (a) 300 prisoners or more ...............................................................................$6,000 (b) 200 to 299 prisoners ..................................................................................$4,000 (c) 100 to 199 prisoners ..................................................................................$2,000 (d) 99 or fewer prisoners .................................................................................$1,000 (5) For purposes of calculating the amount to be transferred to the jail canteen account, the average daily number of inmates shall be equal to the average daily inmate population of the jail in the immediately preceding fiscal year. (6) Notwithstanding KRS 67.0802(6)(a), compensation resulting from the disposal of real or personal property that was purchased from a c anteen account shall be returned to the canteen account from which the real or personal property was originally purchased. The jailer shall report all proceeds received from the disposal of property for the year to the Legislative Research Commission for r eferral to the Interim Joint Committee on Appropriations and Revenue by December 1 of each year. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 63, effective April 14, 2026. -- Amended 2018 Ky. Acts ch. 7, sec. 1, effective March 2, 2018. -- Amended 2007 Ky. Acts ch. 64, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 147, sec. 1, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 171, sec. 1, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 127, sec. 1, effective July 15, 1982. Formerly codified as KRS 441.067.

KRS 441.137 Balance in inmate account or prisoner canteen account -- Return of balance -- Abandoned moneys

441.137. Balance in inmate account or prisoner canteen account -- Return of balance -- Abandoned moneys (1) For any moneys in an inmate account or prisoner canteen account of a jail that are not returned to a prisoner at the time he or she is released from the jail, the jailer shall transmit a check for the balance of the moneys by first class mail to the released prisoner at his or her last known address. If the check is returned as undeliverable, then the jailer shall attempt to contact the prisoner at a telephone number on file, if any, to arrange the return of the moneys. If the moneys are not claimed after the jailer fulfills the requirements of this subsection, the moneys shall be presumed abandoned after one (1) year after the date the check is mailed or, if an attempt to call is made, the date of the phone call. (2) Any abandoned moneys as set out in subsection (1) of this section shall, if in a prisoner account, be transferred into the canteen account if these are two (2) different accounts, or shall remain in the canteen account and be available for the purposes set out in KRS 441.135. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 32, sec. 1, effective July 12, 2012.

KRS 441.140 Repealed, 1982

441.140. Repealed, 1982 Catchline at repeal: Rules governing working prisoners. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 9, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1379-5, 4869.

KRS 441.141 Voluntary chaplain program

441.141. Voluntary chaplain program (1) Each local jailer is encouraged to work with local religious leaders to provide a voluntary chaplain program. (2) An inmate shall be allowed at least one (1) visit per week by a minister, priest, or rabbi of the inmate's choice. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 132, effective July 15, 1998.

KRS 441.145 Access to religious publications or instructional materials

441.145. Access to religious publications or instructional materials Subject to restrictions for violations of rules, an inmate of a facility operated by or under contract to a local jail who requests religious publications or other religious instructional materials may receive them provided: (1) They have been purchased by or donated to the inmate; or (2) Donated to the institution for use by inmates; and (3) Do not constitute a threat to the security of the institution. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 134, effective July 15, 1998.

KRS 441.146 Operation of reentry center for eligible inmates

441.146. Operation of reentry center for eligible inmates (1) A local correctional facility, jail, or regional jail may, with the approval of the Department of Corrections, operate a reentry center. Reentry centers established pursuant to this section shall: (a) Employ a program coordinator responsible for oversight of the reentry center; (b) Offer residents at least one (1) vocational training program approved by the Department of Corrections; (c) Offer residents at least two (2) other evidence-based programs approved by the Department of Corrections; (d) Review each participant's case with a certified alcohol and drug counselor as defined in KRS 309.080; (e) Require residents to participate in family outreach and community involvement programs; (f) Require residents to seek or maintain employment in the community. The reentry center shall require ten percent (10%) of the resident's income to be deposited into a savings account, shall require fifteen percent (15%) of the resident's income to be directed to payment of restitution if applicable, and may charge each resident a fee of not more than twenty percent (20%) of the resident's income; and (g) Report data as required by the Department of Corrections in order to allow evaluation of the effectiveness of the reentry center. (2) A person is eligible for placement in a reentry center if he or she has less than twelve (12) months until the expected expiration of his or her sentence and is: (a) A state inmate eligible for placement in a jail pursuant to KRS 532.100; (b) A Class B felon who is classified as low risk by the Department of Corrections; or (c) A county inmate in the jail operated by the political subdivision which operates the reentry center. (3) Residents may be assigned to a reentry center by: (a) Administrative classification by the Department of Corrections; (b) Administrative decision of the jailer for inmates of the jail; (c) The court, as an alternative sentence; or (d) The Parole Board, as a condition of parole or as a sanction for violation of conditions of parole. Effective: April 24, 2020 History: Amended 2020 Ky. Acts ch. 109, sec. 8, effective April 24, 2020. -- Created 2017 Ky. Acts ch. 158, sec. 88, effective June 29, 2017.

KRS 441.148 Administrative regulations prescribing standards for operation of reentry centers

441.148. Administrative regulations prescribing standards for operation of reentry centers (1) The Department of Corrections shall, by administrative regulation, establish standards for the operation of reentry centers established pursuant to KRS 441.146. (2) The Department of Corrections shall utilize data reported by the reentry centers pursuant to KRS 441.146 to analyze the effectiveness of the reentry centers in reducing recidivism and the engagement of residents in employment and in the community. (3) Placement of inmates in reentry centers by the Department of Corrections or the Parole Board shall prioritize placement in higher-performing centers, as determined by the Department of Corrections. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 158, sec. 89, effective June 29, 2017.

KRS 441.150 Repealed, 1982

441.150. Repealed, 1982 Catchline at repeal: Managers and guards for work crews. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 10, effective January 1, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 101. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1379-4.

KRS 441.160 Repealed, 1982

441.160. Repealed, 1982 Catchline at repeal: Prisoners transferred to workhouse -- Procedure. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 18, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1379-7.

KRS 441.170 Repealed, 1982

441.170. Repealed, 1982 Catchline at repeal: Capias pro fine -- Persons arrested on may be delivered to workhouse. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 386, sec. 102. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1379-8.

KRS 441.180 Repealed, 1974

441.180. Repealed, 1974 Catchline at repeal: Credit allowed on fine when prisoner works -- Work hours -- Release of prisoners. History: Repealed 1974 Ky. Acts ch. 406, sec. 336. -- Amended 1966 Ky. Acts ch. 255, sec. 276. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1379-8, 1380.

KRS 441.190 Repealed, 1974

441.190. Repealed, 1974 Catchline at repeal: Prisoner not worked -- Credit allowed on fine. History: Repealed 1974 Ky. Acts ch. 406, sec. 336. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1381.

KRS 441.200 Repealed, 1982

441.200. Repealed, 1982 Catchline at repeal: Disposition of prisoners -- Jailer to report. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 11, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1382.

KRS 441.205 Repealed, 1982

441.205. Repealed, 1982 Catchline at repeal: Workhouse or penal farm in county containing city of first class. History: Repealed 1982 Ky. Acts ch. 428, sec. 4, effective July 15, 1982. -- Created 1948 Ky. Acts ch. 233, sec. 1.

KRS 441.206 State contribution for jail -- Allocation -- Payments to be made annually -- Use of funds

441.206. State contribution for jail -- Allocation -- Payments to be made annually -- Use of funds (1) For the care and maintenance of prisoners charged with or convicted of violations of state law, each county shall receive a contribution from the State Treasury in an amount equal to that paid to the county pursuant to this section in fiscal year 1983- 84 or the amount that should have been paid to the county in fiscal year 1983-84 under the conditions set forth in subsection (5) of this section. Any additional moneys appropriated for county jails shall be allocated on the basis of a formula comprised of the following factors: (a) Sixty percent (60%) of the allocation shall be based on the amount of the 1983-84 funding formula each county received, or should have received under the conditions set forth in subsection (5) of this section; (b) Ten percent (10%) of the allocation shall be based on each county's comparative ranking of median household income in inverse order, as determined by the 1980 federal census of population; and (c) Thirty percent (30%) of the allocation shall be based on the proportion of each county's age at risk population (18-34) to the state total, as determined by the 1980 federal census of population. (2) Payments of the state contribution for jail operating expenses shall be made annually, no later than July 31 of each year, by the Department of Corrections to the county treasurer. The election by a county to close its jail and to contract with another county for the incarceration of prisoners, as permitted by KRS 441.025, shall not affect the state contribution provided for in subsection (1) of this section. (3) All state funds paid to a county under this section, any funds paid to a county by the United States government, a city, or another county for the incarceration of prisoners and any interest earned on the funds shall be expended on the incarceration of prisoners, as provided in KRS 441.025. Any funds paid under subsection (1) of this section and any interest earned on the funds shall be expended on the incarceration of prisoners, in accordance with regulations promulgated pursuant to KRS 441.055, within twelve (12) months of the close of the fiscal year in which the funds were received. Any funds received by a county under subsection (1) of this section that are not expended for this purpose shall be returned to the State Treasury. (4) A county shall not receive less than twenty-four thousand dollars ($24,000) pursuant to this section from the State Treasury for the care and maintenance of prisoners charged with or convicted of violations of state law. (5) If the capacity of a jail was substantially increased during the years 1980 through 1982 due to construction or renovation, and if, a result, the amount paid to the county in fiscal year 1983-84 pursuant to this section and to 1982 Ky. Acts ch. 385, sec. 3, was not representative of the true jail population, then the commissioner of the Department of Corrections may, upon proper documentation by the county, permit an estimate of the current capacity of the jail to be used as a basis for calculating the amount that should have been paid to the county in fiscal year 1983- 84. The estimate of current capacity shall be used to calculate payments made pursuant to subsection (1) of this section after July 14, 1992, but shall not be used to recalculate past payments. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 106, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 122, effective July 14, 1992; and ch. 224, sec. 1, effective July 14, 1992. -- Reenacted and amended 1984 Ky. Acts ch. 415, sec. 1, effective July 13, 1984. --Created 1982 Ky. Acts ch. 385, sec. 3, effective July 1, 1982. Formerly codified as KRS 441.007. Legislative Research Commission Note. This section was repealed by 1982 Ky. Acts ch. 385, sec. 51, effective July 15, 1984. Thereafter, this repeal was nullified by 1984 Ky. Acts ch. 415, sec. 20, effective July 13, 1984.

KRS 441.207 Local corrections assistance fund -- Annual distributions to counties

441.207. Local corrections assistance fund -- Annual distributions to counties (1) The local corrections assistance fund is created as a separate revolving fund to be administered by the department. The fund shall consist of amounts transferred to the fund pursuant to KRS 196.288, along with any other proceeds from grants, contributions, appropriations, or other moneys made available for purposes of the fund. (2) Notwithstanding KRS 45.229, amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (3) Any interest earnings from the fund shall become a part of the fund and shall not lapse. (4) Moneys in the fund shall be distributed to the counties each year. Amounts distributed from the fund sh all be used to support local correctional facilities and programs, including the transportation of prisoners, as follows: (a) In each fiscal year, the first three million dollars ($3,000,000) received by the fund, or, if the fund receives less than three million dollars ($3,000,000), the entire balance of the fund, shall be divided equally among all counties; and (b) Any moneys remaining after making the distributions required by paragraph (a) of this subsection shall be distributed to each county based o n a ratio, the numerator of which shall be the county's county inmate population on the second Thursday in January during the prior fiscal year, and the denominator of which shall be the total counties' county inmate population for the entire state on the second Thursday in January during the prior fiscal year. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 113, effective April 14, 2026. -- Created 2011 Ky. Acts ch. 2, sec. 69, effective June 8, 2011. Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 2, sec. 69, directed that a new section of KRS Chapter 196 be created for this statute. However, during codification, the Reviser of Statutes determined that it was more appropriately placed within KRS Chapter 441, relating to jails and county prisoners, and created the new section as KRS 441.207 under the authority of KRS 7.136.

KRS 441.210 Repealed, 1982

441.210. Repealed, 1982 Catchline at repeal: "Station house" defined. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2877a- 27.

KRS 441.215 Jail budget preparation

441.215. Jail budget preparation (1) By April 1 of each year, the county judge/executive, county treasurer, and jailer shall prepare and submit to the fiscal court a proposed line item jail budget and an estimate of revenues for jail operations from federal, state, and local sources. The proposed jail budget and estimate of revenues shall be included in the proposed county budget and investigated by the fiscal court as provided in KRS 68.240. (2) The state local finance officer shall supervise and direct the form and classifications of the line item jail budget and estimate of jail revenues. (3) The fiscal court shall consult with the jailer prior to any amendment of the jail budget. The fiscal court shall possess sole authority to transfer funds between line items. (4) If, in the opinion of the jailer, the jail budget as proposed or as amended by the fiscal court, fails to adequately provide for the safe and secure operation of the jail or the care of prisoners, the jailer shall submit a written statement of his concerns along with any available documentation, to the fiscal court and, if the jail holds state prisoners, to the Department of Corrections. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 108, sec. 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 123, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 328, sec. 6, effective April 9, 1988. -- Created 1984 Ky. Acts ch. 141, sec. 1, effective July 13, 1984.

KRS 441.220 Repealed, 1982

441.220. Repealed, 1982 Catchline at repeal: Female prisoners in city of first class -- Mayor to designate places of detention. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877a- 15, 2877a-16.

KRS 441.225 Expenditures from jail budget -- Payment of jail personnel

441.225. Expenditures from jail budget -- Payment of jail personnel (1) Except for capital improvements, utilities and building insurance and except as provided in subsection (2) of this section, the jailer shall have authority to authorize expenditures from the jail budget. Such expenditures shall only be made in accordance with the line item jail budget duly adopted or amended by the fiscal court and the established county procurement code or purchase order procedure of the county. Payment for purchases for the jail shall be subject to fiscal court approval prior to payment. The fiscal court shall not withhold approval of payment for jail expenditures which are within the jail budget and not unlawful. (2) The jailer shall submit, in accordance with county payroll procedures, time reports for all full-time and part-time jail personnel and employees to the county treasurer or other designated payroll official. The county treasurer shall review and pay such claims in accordance with policies and procedures for the payment of other county employees. Effective: July 13, 1984 History: Reenacted and amended 1984 Ky. Acts ch. 415, sec. 18, effective July 13, 1984. -- Created 1984 Ky. Acts ch. 141, sec. 2, effective July 13, 1984.

KRS 441.230 Repealed, 1982

441.230. Repealed, 1982 Catchline at repeal: Matrons for county jail -- Appointment, salary and quarters. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. --Amended 1972 Ky. Acts ch. 203, sec. 54. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877a-17, 2877a-22, 2877a-25, 2877a-28.

KRS 441.235 Jail accounts and financial records

441.235. Jail accounts and financial records (1) The county treasurer shall keep books of accounts of all receipts and disbursements from the jail budget and make such reports as are required by the state local finance officer. (2) The county treasurer, in cooperation with the jailer, shall monthly report to the fiscal court on: (a) All purchases from the jail account for the preceding month for final fiscal court approval; and (b) The current condition of the jail account, including all jail revenues received, expenditures for the month, expenditures for the year-to-date and unexpended balances by line item. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 141, sec. 4, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 4, effective June 15, 1982. Formerly codified as KRS 441.008.

KRS 441.240 Repealed, 1982

441.240. Repealed, 1982 Catchline at repeal: Assistant matrons for station houses -- Appointment, salary and quarters. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877a- 17, 2877a-23, 2877a-25, 2877a-28.

KRS 441.245 Salary for jailer who operates full-service jail -- Fiscal court to annually detail the duties and compensation of jailer not subject to salary schedule -- Jailer's quarterly reports

441.245. Salary for jailer who operates full-service jail -- Fiscal court to annually detail the duties and compensation of jailer not subject to salary schedule -- Jailer's quarterly reports (1) The jailer who operates a full-service jail shall receive a monthly salary pursuant to any salary schedule in KRS Chapter 64 applicable to jailers operating a full-service jail from the county jail operating budget. (2) No jailer holding office in the Commonwealth on or after January 6, 1999, shall receive an annual salary of less than twenty thousand dollars ($20,000). (3) (a) The salaries of jailers who are not subject to any salary schedule in KRS Chapter 64 may be set at a higher level if the salary does not exceed the constitutional salary limit applicable to jailers. These jailers' salaries shall at least equal the prior year's level and may be adjusted by the fiscal court for the change in the prior year's consumer price index according to the provisions of KRS 64.527. (b) For jailers governed by this subsection: 1. By May 1 of each year, the fiscal court shall pass a resolution detailing: a. The duties to be performed by the jailer in the upcoming fiscal year; and b. The compensation for the jailer for the upcoming fiscal year, including any cost-of-living adjustments according to the provisions of KRS 64.527; and 2. On a quarterly basis, jailers shall submit to the fiscal court a summary of all official duties performed by the jailer and the jailer's deputies, to include information related to prisoner transport, including but not limited to: a. The prisoner's name; b. The location and time the prisoner was placed in the custody of the jailer or the jailer's deputies for transport; c. The location and time the jailer or the jailer's deputies relinquished custody of the prisoner after transport; and d. The mileage driven. Effective:March 21, 2017 History: Amended 2017 Ky. Acts ch. 67, sec. 1, effective March 21, 2017. -- Amended 1998 Ky. Acts ch. 595, sec. 1, effective July 15, 1998; and ch. 610, sec. 7, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 141, sec. 14, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 5, effective July 1, 1982. Formerly codified as KRS 441.009. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 595 and 610. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 595, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 441.250 Repealed, 1982

441.250. Repealed, 1982 Catchline at repeal: Qualifications and term of matrons. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877a- 19, 2877a-20.

KRS 441.255 Cost of incarceration when change of venue granted

441.255. Cost of incarceration when change of venue granted When a change of venue is granted, the cost of incarcerating the defendant shall be paid by the county from which the action is removed. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 415, sec. 17, effective July 13, 1984.

KRS 441.260 Repealed, 1982

441.260. Repealed, 1982 Catchline at repeal: Hours and duties of matrons. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2877a- 21.

KRS 441.265 Required reimbursement by prisoner of costs of confinement -- Waiver of outstanding expenses and reimbursement if prisoner not convicted -- Local policy of fee and expense rates -- Adjustments to per diem rate -- Billing and collection methods

441.265. Required reimbursement by prisoner of costs of confinement -- Waiver of outstanding expenses and reimbursement if prisoner not convicted -- Local policy of fee and expense rates -- Adjustments to per diem rate -- Billing and collection methods (1) (a) A prisoner in a county jail shall be required beginning from the prisoner's booking date to reimburse the county for expenses incurred by reason of the prisoner's confinement as set out in this section, except for good cause shown. (b) If the prisoner is not convicted of any charges brought as a result of the prisoner's arrest, the county jail shall waive any outstanding expenses owed by the prisoner and reimburse the prisoner for any expenses already paid to the county jail for confinement due to that arrest, but the county jail shall not be required to waive or reimburse any expenses incurred by the prisoner for confinement related to a prior arrest, or for property damage or injury caused by the prisoner while confined to the jail. (2) (a) The jailer may adopt, with the approval of the county's governing body, a prisoner fee and expense reimbursement policy, which may include, but not be limited to, the following: 1. An administrative processing or booking fee; 2. A per diem for room and board of not more than fifty dollars ($50) per day or the actual per diem cost, whichever is less, for the entire period of time the prisoner is confined to the jail. Not later than the second Friday in February of each year, the Department of Corrections shall adjust the fifty dollar ($50) maximum per diem for room and board at a rate accounting for any percentage increase or decrease in the nonseasonally adjusted annual average Consumer Price Index for All Urban Consumers, U.S. City Average, All Items, as published by the United States Bureau of Labor Statistics, using 2022 as the base year; 3. Actual charges for medical and dental treatment; and 4. Reimbursement for county property damaged or any injury caused by the prisoner while confined to the jail. (b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the jail to pay, giving consideration to any legal obligation of the prisoner to support a spouse, minor children, or other dependents. The prisoner's interest in any jointly owned property and the income, assets, earnings, or other property owned by the prisoner's spouse or family shall not be used to determine a prisoner's ability to pay. (3) The jailer or his or her designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the jailer, contract with one (1) or more public agencies or private vendors to perform this billing and collection. Within twelve (12) months after the date of the prisoner's release from confinement, the county attorney, jailer, or the jailer's designee, may file a civil action to seek reimbursement from that prisoner for any amount owed which remains unpaid. (4) Any fees or reimbursement received under this section shall be forwarded to the county treasurer for placement in the jail's budget. (5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay. (6) Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his or her account, a deduction may be made creating a negative balance. If funds become available or if the prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's property or canteen account. Automatic deductions from a prisoner's canteen account shall be made as follows: (a) Up to one hundred percent (100%) of an initial deposit in the prisoner's account may be deducted for: 1. Any amount owed by the prisoner that is associated with a confinement for a prior arrest; and 2. Fees and expenses incurred pursuant to subsection (2)(a)4. of this section; and (b) Up to fifty percent (50%) of any subsequent deposit in the prisoner's account for all expenses incurred by reason of the prisoner's confinement as set out in this section. (7) Prior to the prisoner's release, the jailer or his or her designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be presented with a billing statement produced by the jailer or designee. After the prisoner's release, the jailer or his or her designee may, after negotiation with the prisoner, release the prisoner from all or part of the prisoner's repayment obligation if the jailer believes that the prisoner will be unable to pay the full amount due. (8) No per diem shall be charged to any prisoner who is required to pay a work release fee pursuant to KRS 439.179, a prisoner that has been ordered to pay a reimbursement fee by the court pursuant to KRS 534.045, or that the Department of Corrections is financially responsible for housing. (9) No medical reimbursement, except that provided for in KRS 441.045, shall be charged to any prisoner that the Department of Corrections is financially responsible for housing. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 188, sec. 1, effective July 14, 2022. -- Created 2000 Ky. Acts ch. 537, sec. 1, effective July 14, 2000.

KRS 441.270 Repealed, 1982

441.270. Repealed, 1982 Catchline at repeal: Matron to attend court -- Be present when female searched. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 460, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877a-26, 2877a-28.

KRS 441.280 Repealed, 1982

441.280. Repealed, 1982 Catchline at repeal: Notification of matron on receipt of female or child. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2877a- 24.

KRS 441.290 Repealed, 1982

441.290. Repealed, 1982 Catchline at repeal: Jail visiting board in cities of first class. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2877a- 18.

KRS 441.300 Repealed, 1982

441.300. Repealed, 1982 Catchline at repeal: Jail physician in counties containing 150,000 population. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 532, effective June 17, 1978. -- Amended 1942 Ky. Acts ch. 180, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2237a-4, 2237a-5, 2237a-6.

KRS 441.310 Repealed, 1982

441.310. Repealed, 1982 Catchline at repeal: Chaplain for jail in counties containing city of first class. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2877b- 1 to 2877b-6.

KRS 441.320 Repealed, 1982

441.320. Repealed, 1982 Catchline at repeal: City jailer and deputy in cities of second class. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Amended 1954 Ky. Acts ch. 112, sec. 2, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3145.

KRS 441.330 Repealed, 1976

441.330. Repealed, 1976 Catchline at repeal: City jailer may allow time off sentence. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 19, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3145-1.

KRS 441.410 Repealed, 1982

441.410. Repealed, 1982 Catchline at repeal: Definition. History: Repealed 1982 Ky. Acts ch. 385, sec. 50, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 294, sec. 1.

KRS 441.415 Definitions for KRS 441.420 to 441.450

441.415. Definitions for KRS 441.420 to 441.450 As used in KRS 441.420 to 441.450: (1) (a) "Local correctional facility" means a jail as defined in KRS 441.005, and any other facility by whatever name known that is operated by a unit of local government, combination of units of local governments, or regional jail authority for the involuntary confinement of persons arrested for or charged with the commission of a crime and of persons convicted of a crime. (b) The definition in paragraph (a) of this subsection shall not include a hospital licensed pursuant to KRS Chapter 216B unless the hospital is operated solely for the purpose of incarcerating persons specified in paragraph (a) of this subsection; and (2) "Construction authority" means the Local Correctional Facilities Construction Authority established under KRS 441.615. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 77, effective June 8, 2011. Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 2 sec. 77, directed that a new section of KRS 441.420 to 441.450 be created for this statute. However, during codification, the Reviser of Statutes determined that this statute, which contains definitions for KRS 441.420 to 441.450, was more appropriately numbered preceding that range of statutes, and created the new section as KRS 441.415 under the authority of KRS 7.136.

KRS 441.420 Approval of construction plans required -- Department to pay for architectural plans and engineering services -- Fee schedule

441.420. Approval of construction plans required -- Department to pay for architectural plans and engineering services -- Fee schedule (1) No political subdivision of this Commonwealth, combination of subdivisions, or regional jail authority shall build a new local correctional facility unless: (a) The facility meets the approval or complies with the standards and administrative regulations of the department promulgated pursuant to KRS 441.055; (b) The construction results in a new facility with: 1. A minimum capacity of one hundred fifty (150) prisoner beds; or 2. If a larger facility is needed, more than one hundred fifty (150) prisoner beds in fifty (50) bed increments; and (c) Construction of the local correctional facility is approved by the construction authority. (2) Final authority for approval of plans for the construction of a local correctional facility, or an addition to a local correctional facility shall rest with the construction authority. (3) The department shall pay for the architectural plans and engineering services associated with any new local correctional facility approved by the construction authority. (4) The department may promulgate administrative regulations to create a fee schedule for architectural plans and engineering services required for the construction of local correctional facilities. A sample fee schedule for architectural plans and engineering services may be developed by a committee consisting of department personnel, architects, and construction managers. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 69, sec. 12, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 156, sec. 15, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 78, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 124, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 385, sec. 44, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 294, sec. 2. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, a, (1) at 2098.

KRS 441.430 Application, review, and approval of plans for new local correctional facility -- Delay of final decision -- Prerequisites for approval -- Review of architectural plans by department's jail consultants

441.430. Application, review, and approval of plans for new local correctional facility -- Delay of final decision -- Prerequisites for approval -- Review of architectural plans by department's jail consultants (1) Any political subdivision, or combination of subdivisions, desiring to build a local correctional facility shall make application, in writing, to the department and the construction authority for approval of the plans for the local correctional facility not less than ninety (90) days before the advertising for bids for construction of the facility, or if bids are not to be let, ninety (90) days before the construction commences. The application shall include documentation of the items required by subsection (3) of this section. (2) The department's jail consultants shall review the application and within thirty (30) days of the department's receipt of the application, make a recommendation to the construction authority. The construction authority shall make a decision within sixty (60) days after the department's jail consultants make their recommendation. The construction authority may delay a final decision on the construction of any new local correctional facility if the construction authority determines that it has insufficient information upon which to base a decision. If the construction authority determines that it has insufficient information upon which to base a decision, a final decision shall be delayed but shall be made within sixty (60) days after receipt of the information required by the construction authority. Construction shall not commence until the requisite approval is obtained. (3) The construction authority shall not approve the construction of a local correctional facility unless the political subdivision or combination of subdivisions desiring to build a local correctional facility proves to the satisfaction of the construction authority that: (a) The construction of a new local correctional facility is necessary; (b) The construction of a new local correctional facility with the number of beds proposed is necessary; (c) The political subdivision or combination of political subdivisions has sufficient bonding and revenue sources to pay the bonded indebtedness of the proposed local correctional facility; (d) The number and sources of prisoners for the local correctional facility is sufficient to maintain the financial viability of the local correctional facility; (e) The projected operating costs for the local correctional facility are appropriate to maintain the financial viability of the local correctional facility; (f) The sources of revenue are sufficient to pay, in addition to the bonded indebtedness, the operation costs and maintenance for the local correctional facility; (g) If applicable, there are contracts or interlocal cooperation agreements specifying details for sharing the liability for the costs of paying the bonded indebtedness and the operation costs for the local correctional facility; (h) If applicable, there are contracts or interlocal cooperation agreements specifying details for the management and operation of the local correctional facility; and (i) All information has been provided that the construction authority required pursuant to administrative regulation. (4) (a) Upon approval by the construction authority of the new local correctional facility, or the expansion of an existing correctional facility, architectural plans shall be submitted to the department for approval. The department's jail consultants shall review the architectural plans and within sixty (60) days notify the applicant and the construction authority of their findings. (b) The department's jail consultants may delay final approval of the architectural plans if the jail consultants determine the architectural plans for the facility do not comply with administrative regulations of the department promulgated pursuant to KRS 441.055. (c) If the department determines that it has insufficient information upon which to make a decision, a final decision shall be delayed but shall be made within sixty (60) days after receipt of the information requested. (d) Construction shall not commence until the requisite approvals have been obtained. (e) If approval is denied by the department's jail consultants, the political subdivision or combination of subdivisions requesting the construction or expansion of a local correctional facility may appeal the decision to the construction authority. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 69, sec. 13, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 156, sec. 16, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 79, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 125, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 385, sec. 45, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 294, sec. 3.

KRS 441.440 Alterations of plans or construction restricted -- Exceptions

441.440. Alterations of plans or construction restricted -- Exceptions Except as provided in KRS 441.450, local correctional facilities shall be constructed pursuant to the approved architectural plans, and no alterations to the architectural plans or construction shall be made unless prior approval is obtained from the construction authority or the department if the alteration would increase the cost or bed capacity beyond the approved amounts. Alterations may be approved by the department in an amount not to exceed ten percent (10%) of the approved application. Any alteration or combination of alterations that exceed ten percent (10%) of the approved application shall be approved by the construction authority. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 69, sec. 14, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 156, sec. 17, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 80, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 126, effective July 14, 1992. --Amended 1982 Ky. Acts ch. 385, sec. 46, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 294, sec. 4.

KRS 441.450 Approval required for remodeling or reconstruction of existing facilities -- When approval not required

441.450. Approval required for remodeling or reconstruction of existing facilities -- When approval not required (1) Any political subdivision, combination of subdivisions, or regional jail authority desiring to remodel or reconstruct an existing local correctional facility wherein the construction will involve physical change of the structure shall obtain the approvals required by KRS 441.420 to 441.440 and shall reconstruct or modify the local correctional facility in accordance with the approval. (2) Except as provided in subsection (3) of this section, existing local correctional facilities may be renovated without the approval of the construction authority. (3) (a) If the renovation includes an increase in the square footage of an existing local correctional facility to add prisoner bed space, that renovation shall be deemed an expansion and shall require the approval of the construction authority as provided in KRS 441.420 to 441.450. (b) If the renovation includes an increase in the square footage of an existing local correctional facility, the authority shall not approve the application unless the resulting renovation of the local correctional facility results in a facility with a bed capacity of one hundred fifty (150) inmate beds or more. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 18, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 81, effective June 8, 2011. -- Created 1974 Ky. Acts ch. 294, sec. 5.

KRS 441.505 Fiscal court to provide for transportation of prisoners -- Security requirements

441.505. Fiscal court to provide for transportation of prisoners -- Security requirements (1) The fiscal court of each county shall provide for the transportation of prisoners as necessary from the jail budget. All vehicles used for the purpose of transporting prisoners shall be equipped with security screens and two (2) way radios. (2) The fiscal court shall not be required to provide for the transportation of prisoners on work release. (3) The fiscal court shall not be responsible for providing transportation to prisoners being held out of the county at the time of their release. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 141, sec. 9, effective July 13, 1984.

KRS 441.510 Transporting to and from detention facility

441.510. Transporting to and from detention facility (1) If an inmate is confined in a detention facility, he shall be transported as necessary in accordance with the following provisions: (a) If he is lodged in an urban-county facility in the county where the trial is to be held, the jailer shall carry out this duty; and (b) In all other cases, the sheriff of the county where the prisoner is incarcerated shall carry out this duty as provided in subsection (3) of this section. (2) The transportation of any inmate housed in a county detention center whose court appearance is necessary in any other county shall be transported by the sheriff of the county where the trial or court proceedings are to be held. (3) If an accused is sentenced to confinement, the sheriff shall deliver him to the proper detention facility, with the exception that in the case of a sentence to an urban- county detention facility, the jailer shall carry out this duty. (4) In each county where there is no jail, the fiscal court or the legislative body of a charter county government, as appropriate, shall adopt a transportation plan which establishes the party responsible for transporting prisoners as necessary: (a) The fiscal court or the legislative body of a charter county government, as appropriate, may require the jailer to serve as transportation officer to be responsible for transporting prisoners as necessary; or (b) The fiscal court or the legislative body of a charter county government, as appropriate, may require the sheriff to serve as transportation officer to be responsible for transporting prisoners as necessary; or (c) The fiscal court or the legislative body of a charter county government, as appropriate, may adopt any reasonable transportation plan so long as the party responsible for transporting prisoners is specified. (5) Upon the recommendation of the jailer, the fiscal court shall employ a female transportation officer for purposes of assisting the jailer during the transportation of female prisoners, when deemed necessary by the jailer. (6) In any county where there is no jail and the jailer does not transport prisoners, the jailer shall serve as a bailiff to the Circuit and District Courts of the county as provided for in KRS 71.050. (7) Nothing in this section shall prohibit the jailer from transporting the prisoners as he or she deems necessary. Effective: June 21, 2001 History: Amended 2001 Ky. Acts ch. 97, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 384, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 84, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 89, sec. 2, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 141, sec. 10, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 385, sec. 47, effective July 1, 1982. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 55, effective January 2, 1978. Formerly codified as KRS 441.500.

KRS 441.520 Transfer of prisoners to secure jail -- Circuit Judge may order -- Agreement between originating jail and receiving jail -- Restrictions on receiving jail -- Transport by sheriff -- Review of transfer order by Circuit Judge

441.520. Transfer of prisoners to secure jail -- Circuit Judge may order -- Agreement between originating jail and receiving jail -- Restrictions on receiving jail -- Transport by sheriff -- Review of transfer order by Circuit Judge (1) As used in this section: (a) "Originating jail" means a jail that has been ordered by the court to transfer prisoners to a receiving jail; and (b) "Receiving jail" means a jail that has been ordered by the court to receive prisoners from an originating jail. (2) (a) If there is danger or probable danger that any or all prisoners confined in a jail will be removed from the jail by violence, the Circuit Judge shall order the transfer of those prisoners to the jail of the nearest county in which the jail is secure and the prisoners can be safely kept. The order shall include evidence of the danger or probable danger to the prisoners. When any such order is made, and a copy is given to the jailer of the receiving jail, he or she shall receive all such prisoners. If a Circuit Judge is not in the county, the order of transfer may be made by a District Judge, who shall deliver the order, or a copy thereof, to the circuit clerk for revision by the Circuit Court. (b) Except as provided in paragraph (a) of this subsection, before ordering the transfer of a prisoner from an originating jail to a receiving jail, a Circuit Judge shall receive a written agreement between the originating and receiving jails. The written agreement shall specify that the receiving jail has agreed to house the prisoner or prisoners and that the originating jail shall pay the prisoner's expenses in accordance with subsection (3)(a) and (b) of this section. If the Circuit Judge orders the transfer before receiving the written agreement, the receiving jail shall not be required to house the prisoner nor shall the receiving jail's jailer be subject to contempt for failing to obey the transfer order. (3) In the event a prisoner is transferred from an originating jail to a receiving jail, the receiving jail shall: (a) Charge no more than three (3) times the per diem amount determined according to KRS 431.215(2). However, the per diem rate charged by the receiving jail shall not exceed the combined cost of the prisoner's room and board, administrative processing or booking, and any evidence-based programming the prisoner receives; (b) Perform only medically necessary procedures on the prisoners, as determined by the receiving jail's medical provider. The originating jail shall be financially responsible for these medically necessary procedures. If a prisoner is sent out of the receiving jail for more than eight (8) hours for a medically necessary procedure, the originating jail shall be financially responsible for all receiving jail personnel costs related to the prisoner's transportation until the prisoner is returned to the receiving jail; and (c) Be no more than two (2) geographically contiguous judicial districts away from the originating jail. (4) The sheriff of the county of the originating jail shall be responsible for the transportation of any prisoners transferred pursuant to this section. For those prisoners transferred pursuant to subsection (2)(a) of this section, the sheriff shall transfer the prisoners in accordance with KRS 441.530(2)(a). (5) To ensure the ongoing safety and security of the prisoners, any Circuit Judge who orders the transfer of a prisoner from an originating jail to a receiving jail shall review his or her transfer orders every sixty (60) days, with input from the originating and receiving jails. Effective: April 24, 2020 History: Amended 2020 Ky. Acts ch. 109, sec. 1, effective April 24, 2020. -- Amended 1982, Ky. Acts ch. 385, sec. 40, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 3, effective January 1, 1978; and ch. 14, sec. 458, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2238, 2239. Formerly codified as KRS 441.030.

KRS 441.530 Manner of transfer -- Compensation of officers -- Computation of expenses

441.530. Manner of transfer -- Compensation of officers -- Computation of expenses (1) As used in this section, "receiving jail" means a jail that has been ordered by the court to receive prisoners. (2) (a) Immediately upon the receipt of a copy of an order made pursuant to KRS 441.520(2)(a), the sheriff, or if there is no sheriff, the coroner, shall transfer the prisoners to the receiving jail. He or she shall deliver the prisoners to the jailer of the receiving jail, with a copy of the order, and take from him or her a receipt for the prisoners, which he or she shall return to the office of the circuit clerk of the county from which the removal was made. The clerk shall file the receipt in his or her office. (b) The receiving jail shall receive the prisoners and safely keep them until they are properly discharged. If the receiving jail's jailer fails to accept and keep such prisoners, that jailer and his or her sureties shall be liable in the same manner and to the same extent as if the prisoners had been regularly committed by an order of the Circuit Court of his or her county. (3) (a) The sheriff conveying the prisoners to the receiving jail, and such guards as the judge directs him or her to take, not exceeding the number of guards allowed in taking convicts to the penitentiary, shall receive the compensation and mileage allowed by KRS 64.070 for taking convicts to the penitentiary. The compensation shall be allowed by the Circuit Judge directing the transfer and paid out of the State Treasury, unless there was no jail in the county or it was rendered insecure by the failure of the fiscal court to keep it in the requisite condition, in which case it shall be paid in accordance with paragraph (b) of this subsection. The Circuit Judge, in making the allowance, shall state in the order out of which fund it shall be paid. The order of the judge directing the transfer shall be conclusive evidence that the transfer was proper and to the right jail, and shall be a justification to the receiving jail's jailer for holding any such prisoner in any action against him or her for false imprisonment. (b) If a transfer of prisoners is necessary because there is no jail in the county or because the jail was rendered insecure by the failure of the fiscal court to keep it in the requisite condition, the cost of lodging the prisoners in the receiving jail shall be borne by the fiscal court of the county from which the transfer was made at a rate set by agreement between the two (2) fiscal courts involved. If the fiscal courts are unable to reach an agreement, the Circuit Judge who ordered the transfer shall establish the rate based on prisoner and facility cost data provided by the receiving jail's jailer. The order of transfer shall state the reasons of the transfer. Effective: April 24, 2020 History: Amended 2020 Ky. Acts ch. 109, sec. 2, effective April 24, 2020. -- Amended 1982 Ky. Acts ch. 385, sec. 41, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2440. Formerly codified as KRS 441.040.

KRS 441.540 Prisoner transferred to penitentiary when violence threatened -- Officer's compensation

441.540. Prisoner transferred to penitentiary when violence threatened -- Officer's compensation If there exists threatened violence or intense feeling and public indignation against a person charged with a crime and in the custody of an officer, and the Circuit Judge of the county that has jurisdiction of the offense charged is of the opinion that the person cannot be safely kept in the jail in that county, the Circuit Judge, with the consent of the Governor, may order such person removed for safekeeping to the state penitentiary most convenient to the county having jurisdiction of the offense charged. In the absence of the Circuit Judge from the county, the District Judge of the county may exercise the powers conferred by this section upon the Circuit Judge. The officer who makes the removal shall be entitled to the actual expenses in making the removal, and in addition he shall receive a fee of five dollars ($5) per day for himself and two and one-half dollars ($2.50) per day each for not more than two (2) guards. The claim for fees and expenses shall be presented for approval to the Circuit Court of the county having jurisdiction of the offense. The compensation shall be allowed by the Circuit or District Judge directing the transfer and paid out of the treasury of the responsible unit of government. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 4, effective January 1, 1978; and ch. 14, sec. 459, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2240a-1. Formerly codified as KRS 441.050. Legislative Research Commission Note. This section was amended by two Acts of the 1976 Extraordinary Session of the General Assembly which do not appear to be in conflict and have been compiled together.

KRS 441.550 Expense of keeping and dieting prisoner transferred to penitentiary or reformatory -- Who pays

441.550. Expense of keeping and dieting prisoner transferred to penitentiary or reformatory -- Who pays (1) The expense of keeping and dieting a prisoner transferred to the penitentiary or reformatory pursuant to KRS 441.540 shall be borne by the unit of government. (2) The unit of government shall pay the expenses directly to the Department of Corrections. (3) "Expenses" shall mean the fee set by the Department of Corrections. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 127, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 385, sec. 42, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 5, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2240a- 2.

KRS 441.560 Transfer of prisoners for medical treatment

441.560. Transfer of prisoners for medical treatment (1) When a prisoner in a jail, regional jail, or holdover is injured, is or becomes sick or ill, or requires specialized medical care or long-term medical care which is not available at the local jail, the jailer or other person in charge of the jail, regional jail, or holdover may request that the commissioner of the department, or the commissioner's designee in writing, transfer the prisoner to a facility operated by the department or under contract to the department for the provision of necessary medical treatment and care. (2) The commissioner, or the commissioner's designee in writing, may authorize the transfer of the prisoner to a facility operated by the department or under contract to the department for the length of time necessary to secure medical treatment and care for the prisoner. Following medical care and treatment the prisoner shall be returned to the jail, regional jail, or holdover. (3) If the commissioner or the commissioner's designee, in writing, authorizes the transfer of the prisoner to a facility operated by the department or under contract to the department, then the department shall pay: (a) The costs of transfer to and from the department's facilities; (b) The room, board, and related costs for the prisoner while the prisoner is in the custody of the department; and (c) The costs for medical care, treatment, medicines, and supplies for the prisoner while the prisoner is in the custody of the department. (4) The department shall have no legal duty to transfer any prisoner to the department for medical treatment and care. The decision of the commissioner or the commissioner's designee, in writing, whether or not to accept a prisoner for transfer to the department shall be subject to appeal to the secretary of justice and public safety. (5) The department shall promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care. (6) When a prisoner is transferred to the department for medical care and treatment, the jailer or other person in charge of the jail, regional jail, or holdover shall notify the following persons of the reason for the transfer, the fact of the transfer, and the general reasons for the transfer: (a) The prisoner's next of kin; (b) The prisoner's attorney of record; (c) The Commonwealth's attorney or county attorney, as appropriate; and (d) The Chief Circuit Judge or Chief District Judge, as appropriate. (7) When a prisoner is returned to the jail, regional jail, or holdover by the department, the jailer or other person in charge of the jail, regional jail, or holdover shall notify the persons specified in subsection (6) of this section of the prisoner's return. (8) The department's costs of providing care, drugs, medications, travel, and all other expenses authorized by this section shall be a necessary governmental expense. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 128, sec. 2, effective June 26, 2007. Legislative Research Commission Note (6/26/07). 2007 Ky. Acts chs. 24, 47, and 85 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2007 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 441.605 Definitions

441.605. Definitions As used in KRS 441.610 to 441.695, unless the context requires otherwise: (1) "Agreement" means a written contract between the authority and any person, firm, corporation, local government, or public entity providing for the construction, reconstruction, improvement or repair and financing of one (1) or more projects of the authority; (2) "Authority" means the Kentucky Local Correctional Facilities Construction Authority, a body corporate and politic, and an agency and instrumentality of the Commonwealth of Kentucky created by KRS 441.615; (3) "Bonds" mean revenue bonds, notes or other obligations issued under the provisions of KRS 441.625; (4) "Cost" means the expenditures for construction, acquisition, financing charges, interest prior to and during construction, principal and interest on any bonds or notes or obligations issued by the authority, engineering and legal expenses, plans, specifications, cost and revenue estimates, other expenses necessary or incidental to determining the feasibility or practicability of constructing any project, administrative expenses, and such other expenses necessary or incident to the construction of and placing into operation a project, the financing of such construction and the acquisition of the project; (5) "Lease" means a written lease executed by the authority as lessor and any local government as lessee; (6) "Project" means any undertaking to construct, reconstruct, improve, or repair any jail or appurtenant facilities thereof for any county or urban-county government, together with all property, rights, easements and interests which may be acquired by the authority for the construction, reconstruction or repair of any jail or appurtenant facilities; or any undertaking by the authority to finance or refinance, under the provisions of KRS 441.625, the cost of construction or reconstruction of any jail of any county or urban-county government completed and approved by the legislative body thereof since January 1, 1982, provided that such construction or reconstruction is in compliance, at the time such financing or refinancing is approved, with specifications, standards and requirements which are established by the authority to be made applicable to any undertaking by the authority pursuant to KRS 441.625 to 441.695 on or after July 15, 1983; (7) "Jail" means any county jail and correctional or detention facilities, including correctional facilities defined in KRS 67B.020 and juvenile detention facilities, operated by and under the supervision of any county or urban-county government; (8) "Local government" means any county or urban-county government. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 1, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.610 Legislative intent -- Additional and alternative nature

441.610. Legislative intent -- Additional and alternative nature (1) KRS 441.625 to 441.695 is intended solely to provide an additional and alternative method of constructing, reconstructing, improving, or repairing and financing jails and appurtenant facilities for any local government in this state to the end that such projects expedite the provision of safe and proper facilities by a local government for the incarceration of prisoners as defined by KRS 441.005. Nothing in KRS 441.625 to 441.695 shall be construed as prohibiting a local government from providing for the construction, reconstruction, improvement, or repair and financing of a jail and appurtenant facilities as may be otherwise provided by law. (2) Nothing in KRS 441.625 to 441.695 shall be construed as prohibiting two (2) or more local governments from entering into a cooperative agreement for the purpose of participating with the authority in providing for the construction, reconstruction, improvement, or repair and financing of a jail and appurtenant facilities for the use and benefit of all local government s agreeing to the cooperative undertaking, but the authority shall determine the number and location of regional jails and regional detention centers, as authorized by KRS 441.625. (3) Subsection (2) of this section is intended solely as an alternative met hod to KRS 65.210 to 65.300. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 262, sec. 5, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 235, sec. 2, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.615 Kentucky Local Correctional Facilities Construction Authority -- Membership -- Corporate character -- Officers -- Staff -- Records

441.615. Kentucky Local Correctional Facilities Construction Authority -- Membership -- Corporate character -- Officers -- Staff -- Records (1) There is created and established within the Finance and Administration Cabinet a Kentucky Local Correctional Facilities Construction Authority, composed of ten (10) members who shall be: (a) The secretary of the Finance and Administration Cabinet, or his designee; (b) The commissioner of the Department of Corrections, or his designee; (c) The designee of the Kentucky Jailers Association; (d) The designee of the Kentucky County Judges/Executive Association; (e) The designee of the Kentucky Association of Counties; (f) The designee of the Kentucky Magistrates and Commissioners Association; (g) Two (2) citizen members appointed by the Governor; and (h) Two (2) members of the General Assembly appointed by the Governor. (2) The ex officio members shall serve for the term of their respective office. The legislative members of the authority shall serve at the pleasure of t he Governor. (3) Citizen members shall begin their terms on August 1, 1982, and shall be appointed for a term of four (4) years; however, in making initial appointments, the Governor shall appoint one (1) member for a term of two (2) years, and one (1) member for a term of three (3) years. (4) Vacancies occurring in the term of any member shall be filled in the same manner as the original appointment. (5) The ten (10) members of this authority and their successors are a body corporate and politic constituting a public corpo ration and governmental agency and instrumentality of the Commonwealth, with perpetual succession and with power in that name to contract and be contracted with, to acquire and convey property, to sue and be sued, to have and use a corporate seal, and to e xercise all of the usual powers of corporations not inconsistent with specifically enumerated powers. (6) The members of the authority shall receive no compensation for their services, but shall be entitled to reimbursement for all reasonable expenses nece ssary and incidental to the performance of their duties and function as members of this authority. (7) The chairman of the authority shall be the secretary of finance. The members of the authority shall elect a vice chairman and secretary from their member ship. (8) The secretary of the Finance and Administration Cabinet shall designate an employee of his cabinet to serve as treasurer of the authority. The treasurer shall give bond to the authority for a faithful accounting for all funds coming into his custody, in the amount the authority may prescribe, drawn upon a surety company qualified to do business in the Commonwealth, the premium to be paid by the Commonwealth. (9) The authority shall establish and maintain an office and the secretary of the authority shall maintain there complete records of the authority's actions and proceedings, as public records open to inspection. The Finance and Administration Cabinet shall provide the funds, staff assistants, facilities, and materials required by the authority in the conduct of its duties and functions. The secretary of the Finance and Administration Cabinet may require the Department of Corrections to share in the expenses incurred by the Finance and Administration Cabinet in maintaining and operating offices of the authority. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 128, effective July 14, 1992; and ch. 262, sec. 7, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 415, sec. 4, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 3, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098. Legislative Research Commission Note. (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 441.620 Valid signatures or facsimiles on bonds -- Quorum -- Meetings -- Bylaws -- Regulations

441.620. Valid signatures or facsimiles on bonds -- Quorum -- Meetings -- Bylaws -- Regulations (1) If any of the officers of the authority whose signatures or facsimiles thereof appear on any bonds of the authority or on any other instruments or documen ts pertaining to the functions of the authority, shall cease to be such officers before delivery of the bonds, or before the effective date or occasion of such instruments or documents, the signatures, and facsimiles thereof, shall nevertheless be valid fo r all purposes the same as if the officers had remained in office until such delivery or effective date or occasion. (2) Any six (6) members of the authority shall constitute a quorum. (3) The authority shall meet not less than every six (6) months and as often as necessary to comply with the provisions of KRS 441.420 to 441.450 when called as provided in this section. Special meetings of the authority may be called by the chairman, and upon written request of two (2) members the chairman shall call a special meeting of the authority to be held not later than twenty (20) days following receipt of the written request. The chairman shall give notice through the secretary by certified mail, return receipt requested, to each member of the authority at least ten (10) days prior to the time of any meeting, unless all members of the authority waive notice in writing. The offices of the authority shall be at the seat of state government. (4) The authority may adopt bylaws relating to its organization and internal management, and may alter the same at will. Through its bylaws, or by resolution, it shall establish stated times and places for regular meetings; and may adjourn the same from time to time. If a quorum be present at any special meeting, and it shall appear from the minutes that reasonable notice was given to absent members, or waived by them, or the minutes subsequently consented to by them, any business transacted or action taken thereat shall be as fully regular and official as if transacted or taken at a regular meeting or an adjournment thereof. (5) The authority may adopt rules and regulations for the conducting of its business and affairs, subject to the provisions of KRS Chapter 13A. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 82, effective June 8, 2011. -- Amended 1984 Ky. Acts ch. 415, sec. 5, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 4, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.625 General powers of authority -- Authorization for revenue bonds and revenue bond anticipation notes

441.625. General powers of authority -- Authorization for revenue bonds and revenue bond anticipation notes The authority may: (1) Determine the number and location of regional jails and regional juvenile detention centers, in order to prevent duplicatio n of effort and unnecessary costs; (2) Construct, reconstruct, improve, or repair any jail and appurtenant facilities in any local government in this state, as may be determined by the authority and provided for in an agreement or agreements; (3) Acquire and convey real estate and any improvements and buildings and facilities located thereon, for which a project is undertaken, and in the manner and under the terms as may be provided by agreement; (4) Issue revenue bonds, and revenue bond anticipation notes of the authority payable solely from the revenues, rentals, and other funds pledged for their payment, for the purpose of paying any part of the cost of any one (1) or more projects, and to refund any of its bonds; (5) Combine for financing purpose any two (2) or more projects; (6) Lease as lessor any project to any local government as lessee, pursuant to the terms and provisions of a lease; (7) Employ consulting engineers, attorneys, accountants, construction and financial experts, managers, and other employees and agents necessary in the judgment of the authority, and to fix their compensation; (8) Make and enter into the contracts and agreements with other parties necessary and incidental to the performance of its duties and execution of its powers under KRS 441.625 to 441.695; (9) Establish and enforce rules, regulations, and specifications in respect to any project undertaken by the authority, except during any period when the powers are assigned to a lessee pursuant to a lease agreement. The rules, regu lations, and specifications shall be consistent with state laws and regulations pertaining to jails; (10) Receive, accept, and expend funds or other contributions from any source, both public and private, for or in aid of any project undertaken by the authority; (11) Create and establish a "debt service reserve" pursuant to proceedings and trust indenture of the authority; (12) Make matching fund grants not exceeding fifty thousand dollars ($50,000) to local governments from funds determined by the authority to be available to it for the purposes, upon the terms and according to the criteria the authority shall in its discretion determine; and (13) Do all things and perform all acts desirable, necessary, and proper to carry out and implement the powers expressly granted to the authority by KRS 441.625 to KRS 441.695, including recommending the promulgation of ad ministrative regulations and enactment of legislation. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 262, sec. 6, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 415, sec. 6, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 5, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.630 Contents of agreement between authority and local government -- Limits of authority's financial participation in projects

441.630. Contents of agreement between authority and local government -- Limits of authority's financial participation in projects If the authority deems it suitable, feasible, necessary, or expedient that any project or projects be financed or refinanced and constructed by the authority, the authority may make one (1) or more written agreements in which the parties may include provisions as to any of the following: (1) Identify the project to be financed by the authority, setting forth specifications and design of the facilities to be constructed, reconstructed, improved, or repaired, and any other information which is deemed necessary and proper for the development of the project; (2) Set forth what portions, if any, of the cost of the project have been or shall thereafter be contributed by the authority from the funds and other resources available to it during the then current biennium and not previously obligated. The authority's contribution from its funds, excluding rentals received under leases made by the authority and any contribution, grant, or gift made to the authority by a local government, person, or entity other than the state, for the use and benefit of the project, shall not exceed ninety percent (90%) of the cost; (3) Set forth agreements for planning, design, acquisition of property, soliciting construction bids, awarding construction contracts, issuing of work orders, and other steps necessary or incidental to the construction of the project, and authorizing and selling bonds for the proje ct; (4) Agree that upon completion of the project the lessee will continuously pay all of the cost of repairing, maintaining, and operating the project; (5) Agree that upon the happening of stated events and the performance of stated conditions not inconsistent with law, the authority shall convey the project to the lessee; (6) Set forth the terms and provisions of lease or proposed conveyance to be entered into by and between the authority and any local government, including the requirement that all new jail construction projects receiving any authority funding shall provide an agreed upon number of beds for state prisoners at a rate set by the commissioner of the Department of Corrections but which in no case shall be less than seventy-five percent (75%) of the actual daily cost of maintaining a prisoner; (7) Agree that upon determination of the amount of bonds to be issued by the authority for the project and the interest rate or rates the bonds are to bear, and prior to the delivery of any bonds to the pu rchaser, the rental to be paid during the term of the lease and each term for which the lease may be renewed shall be established according to a method of computation set forth in the proposed lease, and that the authority and lessee, each by authorized pe rsons, shall execute the lease and file the original or a signed counterpart in the office of the authority, and the Secretary of State of the Commonwealth; (8) Agree to establish any method of interim financing by the authority during the construction of any project, with borrowed funds from any bank, trust company, or banking institution, the funds to be amortized from money obtained through the sale of revenue bonds before, during, or at completion of the construction of such project or projects; and (9) Agree to establish guidelines for the construction, reconstruction, improvement, or repair of projects determined by the authority to qualify for grants from the authority. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 129, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 16, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 415, sec. 7, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 6, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.635 Leases between authority and local governments authorized -- Contents

441.635. Leases between authority and local governments authorized -- Contents The authority and any local government are authorized and empowered to enter into a lease with respect to any project according to any agreement or agreements made pursuant to KRS 441.630. Any lease may contain, in substance, any of the following provisions and such other provisions not inconsistent herewith as the authority and local government may deem appropriate and desirable: (1) That the lease is for the remainder of the fiscal period in which it is dated and executed, and is automatically renewable for the succeeding fiscal period, one (1) at a time, until the final maturity date of the bond issue to which the lease is related, or until the local government notifies the authority in writing within sixty (60) days before the expiration of the lease that the local government will not renew said lease; (2) That with respect to the fiscal period in which the lease is dated and executed, the local government shall otherwise be firmly bound only (a) to contribute to the authority such portions, if any, of the cost of the project as the agreement prescribes shall be paid by the local government; and (b) to pay the authority the rental prescribed for such fiscal period; (3) That if the local government shall fully perform all such obligations during such initial term of the lease, it shall have an exclusive option to automatically renew the lease at the time and in the manner prescribed for the ensuing fiscal period, effective on the first day thereof; no local government shall be or become in any way obligated to pay the rental stipulated for such fiscal year unless the lease be so automatically renewed; and that the local government shall, upon any such renewal, be firmly bound to pay to the authority the rental stipulated for such fiscal period as a general obligation of the local government to be paid from any funds available to the local government required by law or by previous binding contract to be devoted to some other purpose; (4) In like manner and subject to the same conditions and provisions as are set forth in subsection (3) of this section, if the local government shall in the first ensuing fiscal year fully perform its obligations and pay to the authority the renta l stipulated for such fiscal period, the local government shall have another exclusive option to automatically renew such lease for another fiscal year, and so on for successive fiscal periods until the final fiscal period for which the lease may be renewe d; (5) That so long as the lease is renewed from time to time and the local government fully performs all its obligations as lessee, including payment of the rental stipulated in the lease, (a) The revenues of the project shall be collected, segregated, distributed, deposited, secured, disbursed and accounted for in strict conformity with the proceedings and trust indenture of the authority, and the aggregate of such revenues properly accounted for and deposited pursuant to said proceedings and trust indenture shall, to the extent provided in the lease, be a credit against the local government's rental or other obligations for the current fiscal period under the term of the lease, and (b) Any revenues collected pursuant to KRS 441.685, or other funds as m ay be provided and made available to the authority by the Commonwealth or other sources, and set aside pursuant to an agreement, shall be applied as provided in said proceedings and trust indenture and shall, to the extent provided in the lease, be a credit against the local government's rental or other obligations for the then current fiscal period under the lease. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 7, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.640 Revenue bonds issued by authority -- Limits on first issue -- Provisions for delivery of bond or note certificates

441.640. Revenue bonds issued by authority -- Limits on first issue -- Provisions for delivery of bond or note certificates (1) The authority may provide for the issuance of revenue bonds to pay any part of the cost of any projects undertaken pursuant to an agreement and lease; provided that, the authority shall not issue bonds before July 15, 1983, and until the total amount of revenues collected and deposited in the authority's fund equals or exceeds two million dollars ($2,000,000). The principal and i nterest on such bonds are payable solely from the funds provided for such payment. Any issue may be in one (1) or more series and any such series may enjoy equal or subordinate status with respect to the pledge of funds from which they are payable, shall b e dated, shall bear interest at such rate or rates as established by the authority, shall mature at such time or times not exceeding forty (40) years from their date or dates, all as may be provided by the authority, and may be made redeemable before matur ity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of the bonds and shall fix the denomination of the bonds and the place or places for payment of principal and interest, which may be at any bank or trust company within or without the Commonwealth or at the office of the Finance and Administration Cabinet. The bonds shall be signed by the facsimile signature of the chairman or secretary of the authority, and the seal of the authority or a facsimile thereof shall be affixed thereto and attested by the manual signature or a facsimile thereof of the secretary or chairman of the authority. All bonds issued under the provisions of KRS 441.625 to 441.695 shall have all the qualities and incidents of negotiable instruments under the uniform commercial code, KRS Chapter 355. The authority may sell such bonds at public or private sale. (2) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the project or projects for which such bonds shall have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in the proceeding s authorizing the issuance of such bonds or in the trust indenture securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the proceedings authorizing the issuance of such bonds or in the trust indenture securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund withou t preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed such cost, the surplus shall be deposited to the credit of the sinking fund or funds for such bonds or any account or accounts therein as the authority sha ll have provided in the proceedings or trust indenture authorizing and securing such bonds. (3) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue notes or temporary bonds exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. (4) The terms of the trust indenture under which bonds or notes are issued may delegate to the trustee the authority to establish procedures for the physical delivery of bond or note certificates either at the time of original issuance or on subsequent transfers but any such method shall be subject to the approval of the authority. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 415, sec. 8, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 8, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.645 Revenue bonds are not debt of Commonwealth

441.645. Revenue bonds are not debt of Commonwealth Bonds issued by the authority under the provisions of KRS 441.625 to 441.695 do not constitute a debt of the Commonwealth or of any political subdivision thereof, or a pledge of the faith and credit of the Commonwealth or of any such political subdivision, but such bonds shall be payable solely from the funds, and security, provided therefor under the provisions of KRS 441.625 to 441.695, and all such bonds shall contain on the face thereof a statement to that effect. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 9, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.650 Trust indenture to secure bonds

441.650. Trust indenture to secure bonds In the discretion of the authority, any bonds issued under the provisions of KRS 441.625 to 441.695 may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in or outside of Kentucky. Such trust indenture or the proceedings providing for the issuance of such bonds may pledge or assign the rents and other revenues to be received. The trust indenture or proceedings may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, and insurance of the project or projects in connection with which such bonds are authorized, the rates or rental charges, and the custody, safeguarding and application of all moneys, and may restrict the individual right of action by bondholders. It is lawful for any bank or trust company which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the rights and remedies of the bondholders and of the trustee. In addition, any such trust indenture or proceedings may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust indenture or proceedings may be treated as a part of the cost of the project or projects. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 10, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.655 Rights and remedies of bondholders

441.655. Rights and remedies of bondholders Any holder of bonds issued under the provisions of KRS 441.625 to 441.695 and the trustee under any trust indenture, except to the extent the rights herein given may be restricted by such trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protest and enforce any and all rights under the laws of the Commonwealth or granted under KRS 441.625 to 441.695 or under such trust indenture or proceedings to be performed by the authority or by any officer or employees thereof, including the fixing, charging and collecting of rents. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 415, sec. 9, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 235, sec. 11, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.660 Status of authority's bonds as investments

441.660. Status of authority's bonds as investments Bonds issued by the authority are securities in which all public officers and public bodies, agencies and instrumentalities of the Commonwealth and its political subdivisions, all insurance companies, trust companies, bank associations, investment companies, executors, administrators, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or other obligations of the Commonwealth is now or may hereafter be authorized by law. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 12, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.665 Authority may issue revenue refunding bonds -- Purposes

441.665. Authority may issue revenue refunding bonds -- Purposes (1) The authority may provide for the issuance of revenue refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of KRS 441.625 to 441.695, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if the authority shall so determine, for the additional purpose of constructing improvements, extensions, or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued. The authority may also provide for the issuance of its revenue bonds for the combined purpose of: (a) Refunding any bonds then outstanding which are issued under the provisions of KRS 441.625 to 441.695, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and (b) Paying any part of the cost of any additional project or projects. (2) The issuance of such bonds, maturities and other details thereof, for rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same, shall be governed by the provisions of KRS 441.625 to 441.695 insofar as the same may be applicable. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 13, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.670 Application of authority's revenues -- Purposes

441.670. Application of authority's revenues -- Purposes All moneys, received under the provisions of KRS 441.625 to 441.695, either from the sale of bonds or as revenues, are to be held and applied solely as provided in KRS 441.625 to 441.695. The proceedings or the trust indenture shall provide that any offic er with whom, or any bank or trust company with which, such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulation as KRS 441.625 to 441.695 and such proceedings or tru st indenture may provide. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 14, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.675 Authority's property, income, revenues and bonds are tax-exempt

441.675. Authority's property, income, revenues and bonds are tax-exempt The authority is not required to pay any taxes or assessments of any nature whatsoever, upon any project or projects owned by the authority or leased by the authority; or any property acquired or used by the authority under the provisions of KRS 441.625 to 441.695; or upon the incomes or revenues from the lease or use of such property. Nor will there be any tax or assessment of the Commonwealth on any bonds issued under the provisions of KRS 441.625 to 441.695, their transfer or the income therefrom. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 15, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.680 Conveyance of property by authority

441.680. Conveyance of property by authority The authority shall convey in fee simple and at no additional costs to the lessee, any project to the lessee when all bonds issued under the provisions of KRS 441.625 to 441.695 in connection with said project and all interest thereon shall have been paid or a sufficient amount for the payment of such bonds and interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 235, sec. 16, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.685 Local Correctional Facilities Construction Authority fund -- Use of funds - - Investments

441.685. Local Correctional Facilities Construction Authority fund -- Use of funds - - Investments (1) There is created and established a Kentucky Local Correctional Facilities Construction Authority fund which shall consist of the following: (a) Rentals received under leases made by the authority pursuant to KRS 441.625 to 441.695; (b) Appropriations by the General Assembly; (c) Contributions, grants, and gifts from any source, both public and private, which may be used by the authority for any project or projects; (d) Disbursements provided under KRS 42.320(2)(b); and (e) All interest earned on investments made by the state from moneys deposited in this fund. (2) Moneys accruing to this fund shall be deposited by the State Treasurer in the fund's trust and agency account, and shall be invested by the state for the benefit and use of the authority, pending their application to the expenses of the authority and to payments of interest and principal of bonds, notes, and other obligations of the authority. Notwithstanding the provisions of the foregoing sentence, at such time or times as the moneys contained in the fund are sufficient to pay the principal on all bonds, notes, and obligations of the authority that would become due in the next ensuing twelve (12) month period, the authority may use moneys in the fund in excess thereof for such purposes as provided for in KRS 441.625 to 441.695. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 28, effective August 1, 2002. -- Created 1982 Ky. Acts ch. 235, sec. 17, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.690 Projects exempt from KRS 56.440 to 56.540 and KRS 45A.045

441.690. Projects exempt from KRS 56.440 to 56.540 and KRS 45A.045 Nothing in KRS 56.440 to 56.540 and KRS 45A.045 shall be construed to apply to any project undertaken by the authority pursuant to KRS 441.625 to 441.695. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 496, sec. 66, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 235, sec. 18, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.695 Reports of authority -- Audits -- Authority's audits to be public records

441.695. Reports of authority -- Audits -- Authority's audits to be public records By January 1 each year the authority shall make an annual report of its activities for the preceding fiscal year to the Office of the State Budget Director and to the Inte rim Joint Committee on Appropriations and Revenue. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall provide for an audit of its books and accounts to be made within n inety (90) days after the close of each fiscal year by certified public accountants and the cost thereof may be treated as a part of the cost of construction of the project. Such audits shall be public records within the meaning of KRS 61.870 to 61.884. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 29, effective August 1, 2002. -- Amended 1986 Ky. Acts ch. 344, sec. 1, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 235, sec. 20, effective July 15, 1982. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (1) at 2098.

KRS 441.800 Creation of regional jail authority -- Powers of authority

441.800. Creation of regional jail authority -- Powers of authority (1) Two (2) or more counties may by ordinances establish a regional jail authority. (2) The authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this section and KRS 441.810, including, but not limited to, the following powers: (a) To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations to carry into effect the powers and purposes of the authority; (b) To acquire property by lease or purchase, construct, reconstruct or renovate a regional jail and to provide for the operation and maintenance of the facility; and (c) To exercise the power, authority and duties of counties under this chapter and other provisions of the Kentucky Revised Statutes related to the operations of jails and the incarceration of prisoners. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 415, sec. 13, effective July 13, 1984.

KRS 441.810 Composition of authority -- Appointment -- Terms

441.810. Composition of authority -- Appointment -- Terms (1) The regional jail authority shall be composed of members appointed by the county judges/executive of the respective counties within the authority and the jailer of the county where the regional jail is located. The county judge/executive of the most populous county shall appoint three (3) members to the authority, and the remainder of the county judges/executive shall each appoint two (2) members. (2) Members of the authority shall serve four (4) year terms, except that one (1) of each county judge/executive's original appointees shall serve a two (2) year term. Members of the authority shall not be compensated for their service but may be reimbursed for expenses actually incurred. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 415, sec. 14, effective July 13, 1984.

KRS 441.820 Court facilities in regional jail

441.820. Court facilities in regional jail A regional jail may contain court facilities for judicial proceedings not involving a jury. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 415, sec. 16, effective July 13, 1984.

KRS 441.840 Department of Corrections protocol -- Local and regional jail plans -- Failure to meet standards

441.840. Department of Corrections protocol -- Local and regional jail plans -- Failure to meet standards (1) (a) The Department of Corrections shall, through the promulgation of administrative regulations under KRS Chapter 13A, develop an evacuation and relocation protocol for jailers of local and regional jails to follow in the development of individual evacuation and relocation plans for prisoners housed within the jails or regional jails to other facilities in the event that an emergency renders the jail or regional jail temporarily or permanently uninhabitable. The protocol shall take into account evacuation and relocation procedures for full-service jails, life-safety jails, and holding facilities for jailers who are transportation officers. (b) Each jailer who exercises control over one (1) or more prisoners shall develop an evacuation and relocation plan based upon the department's evacuation and relocation protocol. The Department of Corrections shall assist jailers in the development of their individual evacuation and relocation plans, and the jailers shall submit their plans to the county legislative body, which shall provide commentary to ensure that the jail evacuation plan is compatible with the relevant annexes of the local emergency operations plans. (c) The department, in consultation with the jailers in assisting drafting the local evacuation plans, shall ensure that each individual jail evacuation and relocation plan is also compatible with the relevant annexes of the state emergency operations plans. (2) In developing the plan for the evacuation and relocation of prisoners, the jailer shall contact other jails, regional jails, correctional facilities, and penitentiaries, and shall enter into a written agreement for the relocation of the jail's prisoners. (3) The jailer shall review the evacuation and relocation plan every year, and shall update it when necessary. (4) Each jail's and regional jail's evacuation and relocation plan shall be filed with the department in a manner that the department determines through administrative regulations promulgated under KRS Chapter 13A. (5) The department may provide for procedures for jailers to follow in the drafting and updating of the jail's and regional jail's individual evacuation and relocation plan, as well as any administrative procedures necessary to effect the requirements of this section through the promulgation of administrative regulations under KRS Chapter 13A. (6) If the department determines that the jail's or regional jail's plan does not meet its standards or the jailer has not followed certain procedures set out by administrative regulation, it shall submit written notification of the fact to each county judge/executive and each jailer of each county housing prisoners in the jail or regional jail. The department may establish sanctions for noncompliance. Any sanctions shall be set out by administrative regulations promulgated under KRS Chapter 13A. (7) The department shall promulgate the regulations permitted and required under this section no later than one hundred eighty (180) days after July 12, 2006. (8) The jailers shall complete their evacuation and relocation plans and transmit them to the department no later than January 31, 2008. If a jailer does not complete and transmit the copy of his or her evacuation and relocation plans, the jailer shall be notified by the department of the failure and shall be subject to orders and sanctions of the department under subsection (6) of this section. (9) The Department of Corrections may delegate the responsibility of developing the evacuation and relocation protocol to the Jail Standards Commission. If the department delegates this responsibility, it shall adopt the recommendations of the Jail Standards Commission through administrative regulations promulgated under KRS Chapter 13A. The Department of Corrections may consult and collaborate with the Jail Standards Commission on any aspect of the requirements set out in this section. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 69, sec. 1, effective July 12, 2006.

KRS 441.990 Penalties

441.990. Penalties (1) A violation of KRS 441.035 shall be deemed a Class A misdemeanor. (2) No officer or employee of the authority shall have any interest, direct or indirect, in the sale or purchase of any bonds authorized by KRS 441.625 to 441.695. Violation of this provision shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 235, sec. 21, effective July 15, 1982. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 13, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2229.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39333Fetched: 10/20/2026

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