197.022 Personal attendance of state prisoner in civil action -- Transportation

297 words·~1 min read·/ky/197-022

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

orders -- Payment of costs -- Participation of prisoner in action by alternative

methods allowed.

(1)Whenever a court finds the personal attendance of a state prisoner is necessary in a

civil action and orders the Justice and Public Safety Cabinet or its agent or any law

enforcement officer to transport a prisoner in connection with the civil action, the

party requesting that the state prisoner be transported to the hearing shall pay the

transportation cost, which shall include the estimated round trip cost, including the

state mileage rate and the estimated associated salary cost of correctional staff.

(2)The court shall cause all transportation orders to be delivered to the warden or jailer

of the detention facility where the prisoner resides. As soon as practicable after the

receipt of the order, the warden or jailer shall notify the prisoner and the court of the

total transportation cost. If the payment is not received twenty-four

(24)hours in

advance of the scheduled hearing, no transportation shall be provided, irrespective

of the order of the court commanding the Justice and Public Safety Cabinet or its

agent or other law enforcement officer to transport a prisoner.

(3)To the extent practicable, any action concerning a prisoner in which the court has

determined that the prisoner's participation is required or permitted may be

conducted by telephone, video conference, or other telecommunications technology

without removing the prisoner from the facility in which the prisoner is confined.

(4)The provisions of this section pertaining to payment of transportation costs shall not

apply to parties who have been determined by the court to be indigent within the

meaning of KRS Chapter 31 or other applicable law.

(5)The Justice and Public Safety Cabinet shall promulgate an administrative regulation

or regulations governing this process.