KRS § 441.265 — KY Code / Title XL / Chapter 441 / Section 441.265
441.265 Required reimbursement by prisoner of costs of confinement -- Waiver of outstanding expenses and reimbursement if prisoner not convicted -- Local policy of fee and expense rates -- Adjustments to per diem rate -- Billing and collection methods
Status: in_force

441.265 Required reimbursement by prisoner of costs of confinement -- Waiver of

outstanding expenses and reimbursement if prisoner not convicted -- Local

policy of fee and expense rates -- Adjustments to per diem rate -- Billing and

collection methods.

(1) (a) A prisoner in a county jail shall be required beginning from the prisoner's

booking date to reimburse the county for expenses incurred by reason of the

prisoner's confinement as set out in this section, except for good cause shown.

(b) If the prisoner is not convicted of any charges brought as a result of the

prisoner's arrest, the county jail shall waive any outstanding expenses owed by

the prisoner and reimburse the prisoner for any expenses already paid to the

county jail for confinement due to that arrest, but the county jail shall not be

required to waive or reimburse any expenses incurred by the prisoner for

confinement related to a prior arrest, or for property damage or injury caused

by the prisoner while confined to the jail.

(2) (a) The jailer may adopt, with the approval of the county's governing body, a

prisoner fee and expense reimbursement policy, which may include, but not be

limited to, the following:

1. An administrative processing or booking fee;

2. A per diem for room and board of not more than fifty dollars ($50) per

day or the actual per diem cost, whichever is less, for the entire period of

time the prisoner is confined to the jail. Not later than the second Friday

in February of each year, the Department of Corrections shall adjust the

fifty dollar ($50) maximum per diem for room and board at a rate

accounting for any percentage increase or decrease in the nonseasonally

adjusted annual average Consumer Price Index for All Urban

Consumers, U.S. City Average, All Items, as published by the United

States Bureau of Labor Statistics, using 2022 as the base year;

3. Actual charges for medical and dental treatment; and

4. Reimbursement for county property damaged or any injury caused by the

prisoner while confined to the jail.

(b) Rates charged may be adjusted in accordance with the fee and expense

reimbursement policy based upon the ability of the prisoner confined to the

jail to pay, giving consideration to any legal obligation of the prisoner to

support a spouse, minor children, or other dependents. The prisoner's interest

in any jointly owned property and the income, assets, earnings, or other

property owned by the prisoner's spouse or family shall not be used to

determine a prisoner's ability to pay.

(3) The jailer or his or her designee may bill and attempt to collect any amount owed

which remains unpaid. The governing body of the county may, upon the advice of

the jailer, contract with one (1) or more public agencies or private vendors to

perform this billing and collection. Within twelve (12) months after the date of the

prisoner's release from confinement, the county attorney, jailer, or the jailer's

designee, may file a civil action to seek reimbursement from that prisoner for any

amount owed which remains unpaid.

(4) Any fees or reimbursement received under this section shall be forwarded to the

county treasurer for placement in the jail's budget.

(5) The governing body of the county may require a prisoner who is confined in the

county jail to pay a reasonable fee, not exceeding actual cost, for any medical

treatment or service received by the prisoner. However, no prisoner confined in the

jail shall be denied any necessary medical care because of inability to pay.

(6) Payment of any required fees may be automatically deducted from the prisoner's

property or canteen account. If the prisoner has no funds in his or her account, a

deduction may be made creating a negative balance. If funds become available or if

the prisoner reenters the jail at a later date, the fees may be deducted from the

prisoner's property or canteen account. Automatic deductions from a prisoner's

canteen account shall be made as follows:

(a) Up to one hundred percent (100%) of an initial deposit in the prisoner's

account may be deducted for:

1. Any amount owed by the prisoner that is associated with a confinement

for a prior arrest; and

2. Fees and expenses incurred pursuant to subsection (2)(a)4. of this

section; and

(b) Up to fifty percent (50%) of any subsequent deposit in the prisoner's account

for all expenses incurred by reason of the prisoner's confinement as set out in

this section.

(7) Prior to the prisoner's release, the jailer or his or her designee may work with the

confined prisoner to create a reimbursement plan to be implemented upon the

prisoner's release. At the end of the prisoner's incarceration, the prisoner shall be

presented with a billing statement produced by the jailer or designee. After the

prisoner's release, the jailer or his or her designee may, after negotiation with the

prisoner, release the prisoner from all or part of the prisoner's repayment obligation

if the jailer believes that the prisoner will be unable to pay the full amount due.

(8) No per diem shall be charged to any prisoner who is required to pay a work release

fee pursuant to KRS 439.179, a prisoner that has been ordered to pay a

reimbursement fee by the court pursuant to KRS 534.045, or that the Department of

Corrections is financially responsible for housing.

(9) No medical reimbursement, except that provided for in KRS 441.045, shall be

charged to any prisoner that the Department of Corrections is financially

responsible for housing.