441.530 Manner of transfer -- Compensation of officers -- Computation of

490 words·~2 min read·/ky/441-530

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

expenses.

(1)As used in this section, "receiving jail" means a jail that has been ordered by the

court to receive prisoners.

(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 transfer

the prisoners to the receiving jail. He or she shall deliver the prisoners to the

jailer of the receiving jail, with a copy of the order, and take from him or her a

receipt for the prisoners, which he or she shall return to the office of the

circuit clerk of the county from which the removal was made. The clerk shall

file the receipt in his or her office.

(b)The receiving jail shall receive the prisoners and safely keep them until they

are properly discharged. If the receiving jail's jailer fails to accept and keep

such prisoners, that jailer and his or her sureties shall be liable in the same

manner and to the same extent as if the prisoners had been regularly

committed by an order of the Circuit Court of his or her county.

(a)The sheriff conveying the prisoners to the receiving jail, and such guards as

the judge directs him or her to take, not exceeding the number of guards

allowed in taking convicts to the penitentiary, shall receive the compensation

and mileage allowed by KRS 64.070 for taking convicts to the penitentiary.

The compensation shall be allowed by the Circuit Judge directing the transfer

and paid out of the State Treasury, unless there was no jail in the county or it

was rendered insecure by the failure of the fiscal court to keep it in the

requisite condition, in which case it shall be paid in accordance with

paragraph

(b)of this subsection. The Circuit Judge, in making the allowance,

shall state in the order out of which fund it shall be paid. The order of the

judge directing the transfer shall be conclusive evidence that the transfer was

proper and to the right jail, and shall be a justification to the receiving jail's

jailer for holding any such prisoner in any action against him or her for false

imprisonment.

(b)If a transfer of prisoners is necessary because there is no jail in the county or

because the jail was rendered insecure by the failure of the fiscal court to keep

it in the requisite condition, the cost of lodging the prisoners in the receiving

jail shall be borne by the fiscal court of the county from which the transfer

was made at a rate set by agreement between the two

(2)fiscal courts

involved. If the fiscal courts are unable to reach an agreement, the Circuit

Judge who ordered the transfer shall establish the rate based on prisoner and

facility cost data provided by the receiving jail's jailer. The order of transfer

shall state the reasons of the transfer.