KRS § 439.179 — KY Code / Title XL / Chapter 439 / Section 439.179
439.179 Release of misdemeanants -- Purposes for which permitted -- Earnings of prisoner, records, and disposition -- Authority of District Judge and jailer
Status: in_force

439.179 Release of misdemeanants -- Purposes for which permitted --

Earnings of prisoner, records, and disposition -- Authority of District

Judge and jailer.

(1) Any person sentenced to a jail for a misdemeanor, nonpayment of a fine or

forfeiture, or contempt of court, may be granted the privilege of leaving the jail

during necessary and reasonable hours for any of the following purposes:

(a) Seeking employment; or

(b) Working at his employment; or

(c) Conducting his own business or other self-employment occupation

including, in the case of a woman, housekeeping and attending the needs

of her family; or

(d) Attendance at an educational institution; or

(e) Medical treatment.

(2) Unless the privilege is expressly granted by the court, the prisoner shall be

sentenced to ordinary confinement. The prisoner may petition the sentencing

court for the privilege at the time of sentence or thereafter, and, in the

discretion of the sentencing court, may renew his petition. The sentencing court

may withdraw the privilege at any time by order entered with or without notice.

The jailer shall advise the court in establishing criteria in determining a

prisoner's eligibility for work release.

(3) The jailer shall notify the Department of Workforce Development, which shall

endeavor to secure employment for unemployed prisoners under this section. If

a prisoner is employed for wages or salary, they shall, by wage assignment, be

turned over to the District Court which shall deposit the same in a trust

checking account and shall keep a ledger showing the status of the account of

each prisoner. The wages or salary shall not be subject to garnishment of

either the employer or the District Court during the prisoner's term, and shall be

disbursed only as provided in this section. For tax purposes they shall be the

income of the prisoner.

(4) Every prisoner gainfully employed shall be liable for the cost of his board in the

jail, for an amount up to twenty-five percent (25) of the prisoner's gross daily

wages, not to exceed forty dollars ($40) per day, but not less than twelve

dollars ($12) per day, established by the fiscal court of a county or the

urban-county council if an urban-county government. If he defaults, his

privilege under this section shall be automatically forfeited. All moneys shall be

paid directly to the jailer and paid to the county treasury for use on the jail as

provided in KRS 441.206. The fiscal court of a county or the urban-county

council if an urban-county government may, by ordinance, provide that the

county furnish or pay for the transportation of prisoners employed under this

section to and from the place of employment and require that the costs be

repaid by the prisoner.

(5) The sentencing court may order the defendant's employer to deduct from the

defendant's wages or salary payments for the following purposes:

(a) The board of the prisoner and transportation costs incurred by the county;

(b) Support of the prisoner's dependents, if any;

(c) Payment, either in full or ratably, of the prisoner's obligations

acknowledged by him in writing or which have been reduced to judgment;

and

(d) The balance, if any, to the prisoner upon his discharge.

(6) The sentencing court shall not direct that any payment authorized under this

section be paid through the circuit clerk.

(7) The Department of Corrections shall, at the request of the District Judge,

investigate and report on the amount necessary for the support of the

prisoner's dependents, and periodically review the prisoner's progress while on

leave from the jail and report its findings to the District Judge.

(8) The jailer may refuse to permit the prisoner to exercise his privilege to leave

the jail as provided in subsection (1) for any breach of discipline or other

violation of jail regulations for a period not to exceed five (5) days.

(9) In counties containing an urban-county form of government, the duties,

responsibilities, and obligations vested herein in the Department of Corrections

shall be performed by the adult misdemeanant probation and work release

agency of the urban-county government.