532.100 Place of imprisonment -- Commitment when death sentence imposed –

1,846 words·~8 min read·/ky/532-100

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

Housing for female state inmates -- Transfer of prisoners when jail is over

capacity -- Reduction in per diem upon jailer's refusal to transfer -- Per diem

increase for each day of prisoner attendance in department-approved program

-- Incarceration of certain Class C and D felons and felons convicted of sex

crimes -- Work release for certain inmates.

(1)As used in this section, "jail" means a "jail" or "regional jail" as defined in KRS

441.005.

(2)When an indeterminate term of imprisonment is imposed, the court shall commit

the defendant to the custody of the Department of Corrections for the term of his or

her sentence and until released in accordance with the law.

(3)When a definite term of imprisonment is imposed, the court shall commit the

defendant to a jail for the term of his or her sentence and until released in

accordance with the law.

(4)When a sentence of death is imposed, the court shall commit the defendant to the

custody of the Department of Corrections with directions that the sentence be

carried out according to law.

(a)The provisions of KRS 500.080(5) notwithstanding, if a Class D felon is

sentenced to an indeterminate term of imprisonment of five

(5)years or less,

he or she shall serve that term in a jail in a county in which the fiscal court has

agreed to house state prisoners; except that, when an indeterminate sentence

of two

(2)years or more is imposed on a Class D felon convicted of a sexual

offense enumerated in KRS 197.410(1), or a crime under KRS 17.510(12) or

(13), the sentence shall be served in a state institution. Counties choosing not

to comply with the provisions of this paragraph shall be granted a waiver by

the commissioner of the Department of Corrections.

(b)The provisions of KRS 500.080(5) notwithstanding, a Class D felon who

received a sentence of more than five

(5)years for nonviolent, nonsexual

offenses, but who currently has less than five

(5)years remaining to be

served, may serve the remainder of his or her term in a jail in a county in

which the fiscal court has agreed to house state prisoners.

provided in subparagraph 2. of this paragraph, a Class C or D felon with

a sentence of more than five

(5)years who is classified by the

Department of Corrections as community custody shall serve that term

in a jail in a county in which the fiscal court has agreed to house state

prisoners if:

a. Beds are available in the jail;

b. State facilities are at capacity; and

c. Halfway house beds are being utilized at the contract level as of

July 15, 2000.

2. When an indeterminate sentence of two

(2)years or more is imposed on

a felon convicted of a sex crime, as defined in KRS 17.500, or any

similar offense in another jurisdiction, the sentence shall be served in a

state institution.

3. Counties choosing not to comply with the provisions of this paragraph

shall be granted a waiver by the commissioner of the Department of

Corrections.

(d)Any jail that houses state inmates under this subsection shall offer programs

as recommended by the Jail Standards Commission. The Department of

Corrections shall adopt the recommendations of the Jail Standards

Commission and promulgate administrative regulations establishing required

programs for a jail that houses state inmates under this subsection. The

Department of Corrections shall approve programming offered by jails to state

inmates for sentencing credits in accordance with KRS 197.045.

(e)Before housing any female state inmate, a jail shall be certified pursuant to

KRS 197.020.

(f)1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the

Department of Corrections may direct the jail to transfer a

specified number of state prisoners to vacant beds at other

designated jails or state institutions. As used in this paragraph,

"capacity" means the capacity listed on the certificate of

occupancy issued each year to the jail by the Department of

Corrections.

b. The Department of Corrections shall choose which state prisoners

are eligible for transfer based on the security level of the vacant

bed at the receiving jail or state institution.

c. State prisoners who are approved for transfer to a Department of

Corrections facility for necessary medical treatment and care

pursuant to KRS 441.560 shall not be transferred to another jail.

d. State prisoners enrolled in a Department of Corrections approved

program pursuant to KRS 197.045 shall not be transferred.

e. State prisoners awaiting trial in the county they are being housed

shall not be transferred.

f. Jails that receive state prisoners pursuant to this subparagraph shall

be responsible for the transportation of those prisoners to the jail.

2. If the Department of Corrections directs the transfer of a state prisoner

pursuant to subparagraph 1. of this paragraph, the jailer has fourteen

(14)days to transfer the state prisoner. If the jailer refuses to release

custody of the state prisoner to the receiving jail within fourteen

days, the department shall reduce the per diem for the jail for an amount

equal to the per diem of that prisoner for each day the jailer refuses to

comply with the direction.

3. If the Department of Corrections directs the transfer of a state prisoner

pursuant to subparagraph 1. of this paragraph, the jailer of the receiving

jail shall accept the transfer and transport the state prisoner in

accordance with subparagraph 1.f. of this paragraph. If, after receiving a

copy of the direction, the jailer refuses to accept and transport the state

prisoner, the Department of Corrections shall reduce the per diem for the

receiving jail for an amount equal to the per diem of that prisoner for

each day the jailer refuses to comply with the direction.

4. If a jail has a vacant bed and has a Class C or Class D felon who, based

on the Department of Corrections classification system, is eligible to be

housed in that vacant bed, the department may direct the jail to transfer

the state prisoner to that bed. If the jailer refuses to transfer the state

prisoner to the vacant bed, the Department of Corrections shall reduce

the per diem for the jail for an amount equal to the per diem of that

prisoner for each day the jailer refuses to comply with the direction.

5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this

paragraph shall be enforced by withholding the amount from the per

diem paid to the jail pursuant to KRS 431.215(2).

6. If a jail that is at or over one hundred fifty percent (150%) capacity

requests the transfer of a specified number of state prisoners, the

Department of Corrections may, if vacant beds are available at other

jails, direct the transfer in accordance with subparagraph 1. of this

paragraph.

(g)If a jail has vacant beds in an area of the jail usually reserved for state

prisoners, the jail may house county prisoners in that area.

(6)The jailer of a county in which a Class D felon or a Class C felon is incarcerated

may request the commissioner of the Department of Corrections to incarcerate the

felon in a state corrections institution if the jailer has reasons to believe that the

felon is an escape risk, a danger to himself or herself or other inmates, an extreme

security risk, or needs protective custody beyond that which can be provided in a

jail. The commissioner of the Department of Corrections shall evaluate the request

and transfer the inmate if he or she deems it necessary. If the commissioner refuses

to accept the felon inmate, and the Circuit Judge of the county that has jurisdiction

of the offense charged is of the opinion that the felon cannot be safely kept in a jail,

the Circuit Judge, with the consent of the Governor, may order the felon transferred

to the custody of the Department of Corrections.

(a)Class D felons and Class C felons serving their time in a jail shall be

considered state prisoners, and, except as provided in subsection (5)(f) of this

section, the Department of Corrections shall pay the jail in which the prisoner

is incarcerated a per diem amount determined according to KRS 431.215(2).

For other state prisoners and parole violator prisoners, the per diem payments

shall also begin on the date prescribed in KRS 431.215(2), except as provided

in subsection (5)(f) of this section.

(b)1. The per diem amount paid to the jail shall be increased by two dollars

($2) per day of program attendance for those inmates enrolled in and

attending evidence-based programs approved by the department and that

do not require instructors to have completed any postsecondary

education.

2. The per diem amount paid to the jail shall be increased by ten dollars

($10) per day of program attendance for those inmates enrolled in and

attending evidence-based programs approved by the department and that

require instructors to have completed particular postsecondary courses.

(c)Any amount beyond the base per diem paid under paragraph

(a)of this

subsection that is paid under a contract to the jail for an inmate's attendance at

an evidence-based program shall be credited toward the ten dollars ($10)

increase in per diem required under paragraph

(b)of this subsection.

(8)State prisoners, excluding the Class D felons and Class C felons qualifying to serve

time in jails, shall be transferred to the state institution within forty-five

(45)days

of final sentencing.

(a)Class D felons eligible for placement in a jail may be permitted by the warden

or jailer to participate in any approved community work program or other

form of work release with the approval of the commissioner of the

Department of Corrections.

(b)The authority to release an inmate to work under this subsection may be

exercised at any time during the inmate's sentence, including the period when

the court has concurrent authority to permit work release pursuant to KRS

439.265.

(c)The warden or jailer may require an inmate participating in the program to

pay a fee to reimburse the warden or jailer for the cost of operating the

community work program or any other work release program. The fee shall

not exceed the lesser of fifty-five dollars ($55) per week or twenty percent

(20%) of the prisoner's weekly net pay earned from the community work

program or work release participation. In addition, the inmate may be required

to pay for any drug testing performed on the inmate as a requirement of the

community work program or work release participation.

(d)This subsection shall not apply to an inmate who:

1. Is not eligible for work release pursuant to KRS 197.140;

2. Has a maximum or close security classification as defined by

administrative regulations promulgated by the Department of

Corrections;

3. Is subject to the provisions of KRS 532.043; or

4. Is in a reentry center as defined in KRS 441.005.