KRS § 441.520 — KY Code / Title XL / Chapter 441 / Section 441.520
441.520 Transfer of prisoners to secure jail -- Circuit Judge may order -- Agreement between originating jail and receiving jail -- Restrictions on receiving jail -- Transport by sheriff -- Review of transfer order by Circuit Judge
Status: in_force

441.520 Transfer of prisoners to secure jail -- Circuit Judge may order --

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.

(2) (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.