441.520 Transfer of prisoners to secure jail -- Circuit Judge may order --
580 words·~3 min read·
/ky/441-520A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(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.