Title XL, Crimes and Punishments

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in su…

Recommitment. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, the judge may discharge him or may recommit him for a further period not to exceed sixty (60) days, or may again take bail for his appearance…

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on s…

Conditions. The Governor may in his discretion surrender upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal prosecution or charges under the laws of this state are pending against such person, or that …

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, …

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the Chief Justice or an Associate Justice …

Requisites and procedures. (1) When the return to this state of a person charged with crime in this state is required, the Commonwealth's attorney or county attorney shall present to the Governor his written application for a requisition for the return of the person charged, in w…

(1) The county attorney shall present to the Governor a written application prepared in accordance with KRS 440.370 for the return from any other state of any person charged with a violation of KRS 509.070. (2) Upon receipt of the county attorney's application, the Governor may i…

(1) When a person charged with commission of a felony in this state or with having been convicted of a felony here and having escaped from confinement or broken the terms of his bail, probation or parole is arrested in another state and waives extradition proceedings, the county …

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he…

Effect. (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in KRS 440.220 a…

Nothing contained in KRS 440.150 to 440.420 shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of such person by extraditi…

After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.

The agreement on detainers is hereby enacted into law and entered into by the Commonwealth of Kentucky with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that charg…

The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the Circuit Court of competent jurisdiction.

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

Nothing in KRS 440.450 to 440.510 or in the agreement on detainers shall be construed to require the application of KRS 532.080 to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.

An escape from custody in another state while in custody in another state pursuant to the agreement on detainers shall be deemed, for all purposes, as an escape from confinement in this state and may be punished as provided by KRS 520.020 to 520.040 and 506.010, or other provisio…

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.

The Governor shall name a state officer or employee to serve as central administrator of and information agent for the agreement on detainers.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to KRS 440.250, shall be guilty of a misdemeanor and, on conviction, shall be fined not less than one hundred ($100) nor…

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…