441.265 Required reimbursement by prisoner of costs of confinement -- Waiver of
913 words·~4 min read·
/ky/441-265A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
outstanding expenses and reimbursement if prisoner not convicted -- Local
policy of fee and expense rates -- Adjustments to per diem rate -- Billing and
collection methods.
(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.
(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.