441.560 Transfer of prisoners for medical treatment.
469 words·~2 min read·
/ky/chapter-441/441-560A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When a prisoner in a jail, regional jail, or holdover is injured, is or becomes sick or
ill, or requires specialized medical care or long-term medical care which is not
available at the local jail, the jailer or other person in charge of the jail, regional jail,
or holdover may request that the commissioner of the department, or the
commissioner's designee in writing, transfer the prisoner to a facility operated by
the department or under contract to the department for the provision of necessary
medical treatment and care.
(2)The commissioner, or the commissioner's designee in writing, may authorize the
transfer of the prisoner to a facility operated by the department or under contract to
the department for the length of time necessary to secure medical treatment and care
for the prisoner. Following medical care and treatment the prisoner shall be returned
to the jail, regional jail, or holdover.
(3)If the commissioner or the commissioner's designee, in writing, authorizes the
transfer of the prisoner to a facility operated by the department or under contract to
the department, then the department shall pay:
(a)The costs of transfer to and from the department's facilities;
(b)The room, board, and related costs for the prisoner while the prisoner is in the
custody of the department; and
(c)The costs for medical care, treatment, medicines, and supplies for the prisoner
while the prisoner is in the custody of the department.
(4)The department shall have no legal duty to transfer any prisoner to the department
for medical treatment and care. The decision of the commissioner or the
commissioner's designee, in writing, whether or not to accept a prisoner for transfer
to the department shall be subject to appeal to the secretary of justice and public
safety.
(5)The department shall promulgate administrative regulations relating to the transfer
of prisoners to the department for medical treatment and care.
(6)When a prisoner is transferred to the department for medical care and treatment, the
jailer or other person in charge of the jail, regional jail, or holdover shall notify the
following persons of the reason for the transfer, the fact of the transfer, and the
general reasons for the transfer:
(a)The prisoner's next of kin;
(b)The prisoner's attorney of record;
(c)The Commonwealth's attorney or county attorney, as appropriate; and
(d)The Chief Circuit Judge or Chief District Judge, as appropriate.
(7)When a prisoner is returned to the jail, regional jail, or holdover by the department,
the jailer or other person in charge of the jail, regional jail, or holdover shall notify
the persons specified in subsection
(6)of this section of the prisoner's return.
(8)The department's costs of providing care, drugs, medications, travel, and all other
expenses authorized by this section shall be a necessary governmental expense.