Title XL, Crimes and Punishments

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 politic…

(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 facilit…

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 …

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 gov…

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) Th…

(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 sta…

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…

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, c…

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…

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…

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 depart…

(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 th…

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…

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.

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…

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 stat…

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 KR…

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 agen…

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 inmat…

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 fro…

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 t…

(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.

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 inmat…

(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 cente…

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 K…

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…

(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 …

(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…

(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 ja…

(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 cour…

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 f…

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.

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 reimbur…

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…

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 …

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, …

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…

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 ap…

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 …

(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 al…

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 …

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 …

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 c…

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.…

(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 m…

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…

(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 …

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 t…

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 documents pertaining to the functions of the authority, shall cease to be such officers before delivery of the bonds…

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 duplication of effort and unnecessary costs; (2) Construct, reconstruct, improve, or repair any jail and appurt…