AN ACT relating to correctional services.

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AN ACT relating to correctional services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 441.005 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Commissioner" means the commissioner of the Department of Corrections; 5
(2) "Department" means the Department of Corrections; 6
(3) "Holdover facility" means any detention facility housing prisoners for a 7
maximum period of ninety-six (96) continuous hours and excluding times when a 8
prisoner is released for a minimum of seven (7) hours for the purpose of working 9
at his or her employment , attending an educational institution, or conducting 10
other business pursuant to a court order, or when a prisoner is released for in 11
court proceedings; 12
(4) "Jail" means county jails and correctional or detention facilities, including 13
correctional facilities as defined in KRS 67B.020 and juvenile detention facilities, 14
operated by and under the supervision of any political subdivision; 15
(5) "Jail personnel" means deputy jailers, matrons, cooks, and other food service 16
personnel, and other jail employees involv ed in the supervision, custody, care, or 17
treatment of prisoners in jails, but does not include maintenance or clerical 18
personnel;[ 19
(2) "Holdover" means any jail housing prisoners for a maximum period of ninety -six 20
(96) continuous hours and excluding times when a prisoner is released for a 21
minimum of seven (7) hours for the purpose of working at his or her employment, 22
attending an educational institution, or conducting other business pursuant to a 23
court order, or when a prisoner is released for in court proceedings;] 24
(6)[(3)] "Prisoner" means any person confined in jail pursuant to any code, ordinance, 25
law, or statute of any unit of government and who is: 26
(a) Charged with or convicted of an offense;[ or] 27
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(b) Held for extradition or as a material witness; or 1
(c) Confined for any other reason;[ 2
(4) "Unit of government" means that unit of government including the United States 3
government whose law, statute, ordinance, or code a prisoner is charged with 4
violating. If a person is imprisoned for contempt of court, t he state shall be deemed 5
the responsible unit of government; 6
(5) "Department" means the Department of Corrections; 7
(6) "Jail personnel" means deputy jailers, matrons, cooks, and other food service 8
personnel, and other jail employees involved in the supervi sion, custody, care, or 9
treatment of prisoners in jails but does not include maintenance or clerical 10
personnel; 11
(7) "Regional jail" means a jail which is: 12
(a) Owned and operated by one (1) county and, on a regular basis, holds prisoners for 13
another county or for the state; or 14
(b) Owned and operated by two (2) or more counties through a regional jail authority as 15
provided in KRS 441.800; 16
(8) "Commissioner" means the commissioner of the Department of Corrections; and 17
(9) ]"Reentry center" means a supervised c ommunity residential facility operated by a 18
local correctional facility, county jail, or regional jail as detailed in KRS 441.146;[.] 19
(8) "Regional jail" means a jail which is: 20
(a) Owned and operated by one (1) county and, on a regular basis, holds 21
prisoners for another county or for the state; or 22
(b) Owned and operated by two (2) or more counties through a regional jail 23
authority as provided in KRS 441.800; 24
(9) "Restricted custody center" means a facility or area separate from the jail used 25
for the housing of: 26
(a) Sentenced prisoners who have been approved by the court for educational, 27
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work, or program participation release; and 1
(b) Prisoners being held pretrial who have been approved by the court for 2
educational, work, or program participation release; and 3
(10) "Unit of government" means that unit of government including the United States 4
government whose law, statute, ordinance, or code a prisoner is charged with 5
violating. If a person is imprisoned for contempt of court, the state shall be 6
deemed the responsible unit of government. 7
SECTION 2. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) The department shall, for those counties that elect to operate a holdover facility, 10
promulgate administrative reg ulations in accordance with KRS Chapter 13A 11
establishing: 12
(a) Minimum standards for the operation of holdover facilities that shall 13
include but not be limited to: 14
1. Health and safety conditions; 15
2. Fire safety; 16
3. Operations, recordkeeping, and administration; 17
4. Curriculum of basic and continuing training for holdover personnel; 18
5. Custody, care, and treatment of prisoners; 19
6. Medical care; and 20
7. Holdover facility equipment, renovation, and construction; 21
(b) A holdover facility standards review process that shall: 22
1. Include the participation of persons knowledgeable of holdover facility 23
operations; and 24
2. Require standards to be reviewed at least once every two (2) years; 25
(c) The process for a county to convert a full-service jail or other jail that does 26
not house state prisoners to a holdover facility; 27
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(d) That holdover facilities shall not be required to meet the minimum bed 1
requirements under Section 11 of this Act; and 2
(e) That the jailer of the county where th e holdover facility is located, with the 3
assistance of his or her deputies, shall have custody, rule, and charge of the 4
holdover facility and all persons housed in the holdover facility. 5
(2) Administrative regulations promulgated under this section shall n ot be more 6
stringent than those promulgated for facilities that do not house state prisoners. 7
SECTION 3. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) Notwithstanding any other provision of law to t he contrary, the department shall 10
contract with the fiscal court of a county or the regional jail authority to provide 11
correctional services to state prisoners in the jail or regional jail that stipulate to 12
the requirements of subsection (4) of this sectio n and elect to house state 13
prisoners. A contract under this section shall not exceed a term of twenty -four 14
(24) months. 15
(2) (a) The per diem rate agreed to in a contract under this section shall at least 16
equal the actual cost of the jail or regional jail t o provide correctional 17
services to state prisoners at the time of the execution of the contract. 18
(b) The cost of routine medical, dental, and psychological care shall be factored 19
into the actual cost described under paragraph (a) of this subsection. 20
(3) The department shall collaborate with the Finance and Administration Cabinet 21
to: 22
(a) Develop an audit and contract compliance system; 23
(b) Negotiate feasible, reasonable, and understandable contracts with jails and 24
regional jails; and 25
(c) Ensure both parties are complying with the terms of the contract. 26
(4) A contract under this section shall include terms which comply with at least the 27
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following: 1
(a) A person sentenced to a term of imprisonment for a felony shall be 2
considered a state prisoner; 3
(b) The department shall: 4
1. Perform semiannual inspections; 5
2. Be financially responsible for any maintenance medications and any 6
necessary medical, dental, or psychological care, beyond routine care 7
and diagnostic services, of state prisoners held in the jail or regional 8
jail; and 9
3. Provide the manner in which programming to state prisoners provided 10
under paragraph (c)7. of this subsection shall be evaluated and a fee 11
at least equal to the actual cost to be paid by the department to the jail 12
or regional jail for each program; and 13
(c) The jail or regional jail shall: 14
1. Operate in accordance with this chapter and administrative 15
regulations promulgated by the department; 16
2. Ensure that a: 17
a. Registered nurse, practical nurse, or advanced practice 18
registered nurse licensed under KRS Chapter 314; or 19
b. Physician or osteopath licensed under KRS Chapter 311; 20
is present at the jail or regional jail a portion of each day; 21
3. Ensure that mental health services are available to state prisoners; 22
4. Submit monthly reports to the department in an electronic format, on 23
forms supplied by the department, in accordance with KRS 441.105; 24
5. Provide a mattress for each state prisoner; 25
6. Provide state prisoners with access to exercise and recreational 26
activities, including at least one (1) hour a day of time outside of the 27
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state prisoner's cell when conditions permit; 1
7. a. Provide programming to state prisoners that shall include but 2
not be limited to: 3
i. Substance abuse and detoxification treatment; 4
ii. Cognitive behavioral treatment; 5
iii. Reentry services; and 6
iv. An educational progra m which, upon successful 7
completion, shall result in the issuance of a High School 8
Equivalency Diploma. 9
b. Programming required under this subparagraph may be: 10
i. Provided onsite or offsite of the facility; 11
ii. Conducted by jail or regional jail staff or t hrough 12
volunteers or contractors; and 13
8. Develop and conduct training and professional development for jail or 14
regional jail staff. 15
SECTION 4. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 16
READ AS FOLLOWS: 17
Prisoners being held for a nonviolent or nonsexual misdemeanor conviction in a jail or 18
regional jail may be housed in a restricted custody center. 19
SECTION 5. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) (a) Except for: 22
1. A court -ordered transfer pursuant to Section 13 of this Act or KRS 23
441.540; 24
2. Treatment for medical purposes under KRS 441.560; 25
3. Transfers initiated by the department under Section 15 of this Act; and 26
4. Any other emergency circumstances, including but not limited to the 27
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transfer of inmates who pose an imminent security concern or 1
imminent risk to the safety of other inmates or jail personnel; 2
a jailer of a jail holding a prisoner convicted of a Class C or Class D felony 3
shall not arrange to transfer that prisoner to another jail under his or her 4
own authority, either permanently or temporarily, without first requesting 5
permission to do so in writing from the commissioner or the commissioner's 6
designee. Except as provided in paragraph (b) of this subsection, a transfer 7
shall not occur prior to the commissioner's or commissioner's designee's 8
affirmative response. 9
(b) If a prisoner is transferred to another jail due to an emergency, the jailer 10
shall submit documentation describing the reason for the transfer to the 11
commissioner or the commissioner's designee within twenty -four (24) hours 12
of the emergency transfer. 13
(2) The department shall establish procedures through the promulgation of 14
administrative regulations in accordance with KRS Chapter 13A to administer 15
this section. 16
SECTION 6. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) (a) There is hereby established in the State Treasury a trust and agency 19
account to be known as the regional jail authority construction fund. The 20
fund shall consist of moneys received from state appropriations, gifts, 21
grants, and federal funds. 22
(b) The fund shall be administered by the department. 23
(c) Amounts deposited in the fund shall be used for the purposes described in 24
this section. 25
(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 26
fiscal year shall not lapse but shall be carried forward into the next fiscal 27
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year. 1
(2) (a) The department shall establish procedures by which a regiona l jail 2
authority established under KRS 441.800 may apply for funding of capital 3
construction of new facilities or expansions and improvements to existing 4
facilities to be considered for grants from the regional jail authority 5
construction fund. 6
(b) A regional jail authority established under KRS 441.800 may submit to the 7
department for consideration for funding from the regional jail authority 8
construction fund those projects that have received approval or tentative 9
approval from the Local Correctional Fac ilities Construction Authority 10
under Section 12 of this Act. 11
(c) 1. A regional jail authority established under KRS 441.800 shall submit 12
projects for consideration for grants from the regional jail authority 13
construction fund to the department on or before September 1, 2027, 14
and biennially thereafter. 15
2. A project submitted in a previous year that was not selected may be 16
resubmitted under a new application in order to be considered in a 17
future year. 18
(3) On or before October 1, 2027, and biennially thereafte r, the department shall 19
submit to the Legislative Research Commission a list of all project grant requests 20
that meet the requirements under subsection (2)(b) of this section. The list shall, 21
at minimum, include the documentation required in Section 12 of this Act. 22
(4) The General Assembly shall make the final determination of which projects are 23
to be awarded grants from the regional jail authority construction fund under 24
this section. 25
SECTION 7. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) (a) There is hereby established in the State Treasury a trust and agency 1
account to be known as the regional jail conversion fund. The fund shall 2
consist of moneys received from state appropriations, gifts, grants, and 3
federal funds. 4
(b) The fund shall be administered by the department. 5
(c) Amounts deposited in the fund shall be used for the purposes described in 6
this section. 7
(d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 8
fiscal year shall not lapse but shall be carried forward into the next fiscal 9
year. 10
(2) (a) The department shall provide a grant of one million dollars ($1,000,000) to 11
each fiscal court that: 12
1. Establishes a new regional jail authority under KRS 441.800; or 13
2. Becomes a member of an existing regional jail authority. 14
(b) Payments shall be made wh en the department certifies that the county has 15
begun housing prisoners at the regional jail. 16
(c) The grant received under paragraph (a) of this subsection shall be deposited 17
in the county's jail fund. 18
(d) If a fiscal court consolidates and receives a gran t under paragraph (a) of 19
this subsection, the fiscal court shall remain in the regional jail authority 20
for at least ten (10) years. 21
(e) 1. The department shall confirm at least annually that the fiscal court 22
remains in the regional jail authority as requir ed under paragraph (d) 23
of this subsection. 24
2. If the department finds that the fiscal court is no longer a member of 25
that regional jail authority, the department shall require the fiscal 26
court to repay the grant on a pro rata basis to the amount of time 27
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remaining on the ten (10) year period under paragraph (d) of this 1
subsection. 2
(f) A fiscal court shall only be eligible to receive the grant under paragraph (a) 3
of this subsection once. 4
(3) (a) The department shall provide a grant of five hundred thousand do llars 5
($500,000) to each fiscal court that is a member of a regional jail authority 6
as of the effective date of this Act that accepts a new regional jail authority 7
member. 8
(b) The grant received under paragraph (a) of this subsection shall be deposited 9
in the county's jail fund. 10
(c) A fiscal court that is a member of a regional jail authority as of the effective 11
date of this Act shall only be eligible for the grant under paragraph (a) of 12
this subsection once. 13
Section 8. KRS 431.215 is amended to read as follows: 14
(1) If the judgment imposes a sentence for a felony conviction[of death or confinement 15
in the penitentiary, county jail or other institution] , two (2) certified copies of the 16
judgment[thereof] shall be furnished immediately[forthwith] to the sheriff who 17
shall execute the same by delivering the defendant and a certified copy of the 18
judgment to the person in charge of the penitentiary, jail , or institution of 19
confinement and making a written return thereof in the offi ce of the circuit clerk 20
within ten (10) days after the execution. 21
(2) (a) When the judgment imposes a sentence for a felony conviction [of death or 22
confinement in the penitentiary], the county responsible for the incarceration 23
of the prisoner as described i n Section 9 of this Act [in which the prisoner is 24
incarcerated] shall receive from the State Treasury: 25
1. For counties that have entered into a contract with the Department of 26
Corrections under Section 3 of this Act, a fee per day as determined by 27
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the contract; or 1
2. For counties that have not entered into a contract with the Department 2
of Corrections under Section 3 of this Act, a fee per day based on the 3
county's actual cost to house and care for prisoners. 4
(b) The fee described in paragraph (a) of this subsection shall be paid: 5
1. Beginning on the day on which judgment was rendered and ending the 6
day that the defendant is delivered to the penitentiary; and 7
2. If the sentence includes in whole or in part, the amount of time served 8
prior to the judgment, beg inning on the day the defendant was 9
arrested for each calendar day the defendant was lodged in a county 10
or regional jail. 11
(c) The fee shall be paid to the county treasurer for use for the incarceration of 12
prisoners as provided in KRS 441.025. 13
Section 9. KRS 441.025 is amended to read as follows: 14
(1) The fiscal court of each county shall provide for the incarceration of prisoners 15
arrested in the county or sentenced or held by order of the courts in the county. 16
(2) The fiscal court shall provide for the incarceration of prisoners by: 17
(a) Providing and maintaining a facility that complies with KRS 441.055; 18
(b) Providing and maintaining a safe, secure, and clean jail in the county; or that 19
complies with the health and life safety standards defined in KRS 441.055; 20
(c) 1. Contracting with another county [or a city ]for the incarceration and care 21
of its prisoners; and 22
2. Providing for the transportation of prisoners, as provided for in KRS 23
441.505 and 441.510 including the provision of vehicles, drivers, and 24
guards. 25
(3) [Nothing in ]This section shall not prohibit a county from: 26
(a) Providing holdover facilities that meet the requirements of Section 2 of this 27
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Act for holding prisoners for limited periods of time and contracting with 1
another county [or a city ]for longer periods of incarceration; or 2
(b) Contracting with the department to provide correctional servic es to 3
prisoners serving sentences for felony offenses in accordance with Section 3 4
of this Act. 5
(4) Any county may enter into an agreement pursuant to KRS 65.210 to 65.300 to 6
provide or to use jail facilities. 7
Section 10. KRS 441.045 is amended to read as follows: 8
(1) The county governing body shall prescribe rules for the government, security, 9
safety, and cleanliness of the jail and the comfort and treatment of prisoners, 10
provided the[such] rules are consistent with stat e law. The county judge/executive 11
may inspect the jail at any reasonable time. 12
(2) Willful violation of the rules promulgated pursuant to subsection (1) of this section 13
shall be deemed a violation. 14
(3) Except as provided in subsections (4) and (5) of this section, the cost of providing 15
necessary medical, dental, and psychological care for indigent prisoners in the jail 16
shall be paid from the jail budget. 17
(4) The cost of providing necessary medical, dental, or psychological care for prisoners 18
of the United S tates government shall be paid as provided by contract between the 19
United States government and the county or as may otherwise be provided by 20
federal law. 21
(5) (a) The cost of providing: 22
1. Maintenance medication; 23
2. Necessary medical, dental, or psychologi cal care, beyond routine care ; 24
and 25
3. Diagnostic services;[,] 26
for prisoners held pursuant to a contractual agreement with the state shall be 27
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paid [as provided by contract between the state and county. The costs of 1
necessary medical, dental, or psychologic al care, beyond routine care and 2
diagnostic services, of prisoners held in the jail for which the county receives 3
a per diem payment shall be paid ]by the state. 4
(b) To the extent that federal law allows and federal financial participation is 5
available, fo r the limited purpose of implementing this section, the jail, the 6
department, or the department's designee is authorized to act on behalf of an 7
inmate for purposes of applying for Medicaid eligibility. 8
(6) The cost of providing necessary medical, dental, o r psychological care for prisoners 9
held pursuant to a contractual agreement with another county [or a city ] shall be 10
paid as provided by contract between the counties[county or city and county]. 11
(7) (a) When the cost of necessary medical, dental, or psycho logical care for a 12
prisoner exceeds one thousand dollars ($1,000), as calculated by using the 13
maximum allowable costs to similar persons or facilities for the same or 14
similar services under the Kentucky Medical Assistance Program, the state 15
shall reimburse the county for that portion of the costs that exceeds one 16
thousand dollars ($1,000). The reimbursement shall be subject to the 17
following terms and conditions: 18
1. The care is necessary as defined in subsection (10) of this section; 19
2. The prisoner is indigent as defined in subsection (8) of this section, or is 20
uninsured; and 21
3. [No ]State reimbursement to the county for care provided by physicians, 22
hospitals, laboratories, or other health care providers shall not exceed 23
the maximum payments allowed to simil ar persons or facilities for the 24
same or similar services under the Kentucky Medical Assistance 25
Program, except as provided in subsection (11) of this section. 26
(b) A county may assign its ability to receive payment from the state under this 27
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subsection to the person providing the medical, dental, or psychological care 1
to the prisoner, which assignment shall be accepted by the provider for the 2
purposes of submitting billing directly to the state. The state shall pay or deny 3
a claim submitted to it within ninety (90) days of receiving the claim. The 4
county shall include with the assignment the information required by 5
subsection (8) of this section necessary to qualify the prisoner as indigent. The 6
provider shall bill for any other public or private health benefit plan or health 7
insurance benefits available to the prisoner prior to billing the state under this 8
subsection, and shall bill the state prior to billing the count y. The county shall 9
retain ultimate payment responsibility as established under subsection (3) of 10
this section, and the provider may bill the county for payment after the 11
expiration of ninety (90) days from the date the provider submitted the claim 12
to the state for payment if the claim remains unpaid at that time. 13
(8) (a) The determination of whether a prisoner is indigent shall be made pursuant to 14
KRS 31.120, and may be evidenced by the affidavit of indigency required by 15
that statute or the appointment of a public defender under that statute. The 16
prisoner shall not be considered indigent, in the case of prisoner medical care, 17
if: 18
1. The prisoner has funds on his or her inmate account to cover all or a 19
portion of his or her medical expenses; 20
2. The prisoner' s medical expenses are covered on a medical insurance 21
policy; or 22
3. The prisoner has the private resources to pay for the use of the medical 23
facilities. 24
(b) Prisoners who are later determined not to have been indigent, or who at a time 25
following treatment are no longer indigent, shall be required to repay the costs 26
of payments made pursuant to this section to the unit of government which 27
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made the payment. 1
(9) The terms and conditions relating to any determination of nonindigency and 2
demands for repayment sh all be under the same terms and conditions as are 3
provided under KRS Chapters 31 and 431 relating to similar circumstances in the 4
program for defense of indigents by the public advocate. 5
(10) As used in [For the purposes of] this section, "necessary care" m eans care of a 6
nonelective nature that cannot be postponed until after the period of confinement 7
without hazard to the life or health of the prisoner. 8
(11) Any money appropriated for a given fiscal year to fund the state's obligation under 9
subsection (7) of this section which remains unspent at the end of the year shall not 10
lapse but shall be made available to satisfy, to the maximum extent possible, that 11
portion of each catastrophic claim made during said year above the threshold 12
amount for which the count y did not receive state assistance pursuant to subsection 13
(7) of this section. In the event there is an insufficient surplus to satisfy said balance 14
of all such catastrophic claims which are made during that year, the state shall pay 15
to those qualified cou nties, on a per claim basis, an amount equal to each claim's 16
percentage of the total surplus. Should the surplus be sufficient to satisfy all such 17
catastrophic claims, the amount remaining, if any, shall not lapse but shall be 18
carried forward to the next f iscal year to be made available for future catastrophic 19
claims. 20
(12) Notwithstanding other provisions of this section to the contrary, a jail may impose a 21
reasonable fee for the use of jail medical facilities by a prisoner who has the ability 22
to pay for th e medical care. These funds may be deducted from the prisoner's 23
inmate account. A prisoner shall not be denied medical treatment because he or she 24
has insufficient funds on his or her inmate account. This subsection shall not 25
preclude other recovery of funds as provided in this section. 26
(13) (a) Notwithstanding any other provision of this section to the contrary, a jail may 27
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impose a reasonable fee for the use of jail medical facilities by a state prisoner 1
who has been placed in a jail pursuant to a contract with the department [ of 2
Corrections] under KRS 532.100 or other statute, and who has the ability to 3
pay for medical care. 4
(b) Funds may be deducted from the state prisoner's inmate account at the jail. 5
(c) A state prisoner shall not be denied medical trea tment because he or she has 6
insufficient funds in his or her inmate account. 7
(d) This subsection shall not preclude other recovery of funds as provided in this 8
section. 9
(e) This subsection does not authorize recovery of funds from a prisoner for 10
medical care which has been paid or reimbursed by the state pursuant to this 11
section. 12
(14) Except as provided in subsection (4) of this section, all payments for necessary 13
medical, dental, or psychological care for jail, regional jail, or holdover facility 14
prisoners shall be made at a rate not to exceed the Medicaid rate for the same or 15
similar services, which shall be paid within thirty (30) days under the provisions of 16
KRS 65.140 of receiving a claim from the health facility or provider for the item or 17
service. This subsection shall not obligate the Medicaid program to pay for services 18
provided to a prisoner. 19
(15) (a) A peace officer or correctional officer having custody of a person shall not 20
release the person from custody so that the person may receive treatment from 21
a health care facility or health care provider, except pursuant to an order 22
issued by a court of competent jurisdiction which specifically names the 23
person to receive treatment. 24
(b) A peace officer or correctional officer having custody of a person ma y take 25
the person to a health care facility or health care provider for the purpose of 26
receiving treatment if a correctional officer remains with the person during the 27
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time the person is on the premises of the health care facility or health care 1
provider, unless the facility or provider consents to the absence of the officer. 2
(c) A county, urban -county, consolidated local government, charter county, 3
unified local government, jail, regional jail, holdover facility, local detention 4
center, or other local corr ectional facility shall not be responsible for paying 5
for the medical or other health care costs of a person who is released by a 6
court of competent jurisdiction, except where the release is for the purpose of 7
receiving medical or other health care service s as evidenced by an order 8
requiring the person to return to custody upon completion of treatment. 9
(d) When a county, urban -county, consolidated local government, charter county, 10
unified local government, jail, regional jail, holdover facility, local deten tion 11
center, or other local correctional facility is responsible for paying for medical 12
or other health care costs under paragraph (c) of this subsection, payment 13
shall be made only at the Medicaid rate for same or similar services. 14
(e) As used in [For the purposes of] this subsection, "correctional officer" 15
includes a: 16
1. Jailer or deputy jailer; 17
2. Director or other person in charge of a local detention center, local 18
correctional facility, or regional jail; and 19
3. Correctional officer employed by a local d etention center, local 20
correctional facility, or regional jail. 21
Section 11. KRS 441.420 is amended to read as follows: 22
(1) A[No] political subdivision of this Commonwealth, combination of subdivisions, or 23
regional jail authority shall not build a new local correctional facility unless: 24
(a) The facility meets the approval or complies with the standards and 25
administrative regulations of the department promulgated under this 26
chapter[pursuant to KRS 441.055]; 27
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(b) The construction results in a new facility with: 1
1. A minimum capacity of one hundred fifty (150) prisoner beds; or 2
2. If a larger facility is needed, more than one hundred fif ty (150) prisoner 3
beds in fifty (50) bed increments; and 4
(c) Construction of the local correctional facility is approved by the construction 5
authority. 6
(2) Final authority for approval of plans for the construction of a local correctional 7
facility, or an addition to a local correctional facility shall rest with the construction 8
authority. 9
(3) The department shall pay for the architectural plans and engineering services 10
associated with any new local correctional facility approved or tentatively approved 11
by the construction authority. 12
(4) The department may promulgate administrative regulations in accordance with 13
KRS Chapter 13A to create a fee schedule for architectural plans and engineering 14
services required for the construction of local correctional fa cilities. A sample fee 15
schedule for architectural plans and engineering services may be developed by a 16
committee consisting of department personnel, architects, and construction 17
managers. 18
Section 12. KRS 441.430 is amended to read as follows: 19
(1) Any political subdivision, or combination of subdivisions, desiring to build a local 20
correctional facility shall make application, in writing, to the department and the 21
construction authority for approval of the plans for the local correctional facility not 22
less than ninety (90) days before the advertising for bids for construction of the 23
facility, or if bids are not to be let, ninety (90) days before the construction 24
commences. The application shall include documentation of the i tems required by 25
subsection (3) of this section. 26
(2) The department's jail consultants shall review the application and within thirty (30) 27
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days of the department's receipt of the application, make a recommendation to the 1
construction authority. The constru ction authority shall make a decision within 2
sixty (60) days after the department's jail consultants make their recommendation. 3
The construction authority may delay a final decision on the construction of any 4
new local correctional facility if the construc tion authority determines that it has 5
insufficient information upon which to base a decision. If the construction authority 6
determines that it has insufficient information upon which to base a decision, a final 7
decision shall be delayed but shall be made w ithin sixty (60) days after receipt of 8
the information required by the construction authority. Construction shall not 9
commence until the requisite approval is obtained. 10
(3) The construction authority shall not approve the construction of a local correction al 11
facility unless the political subdivision or combination of subdivisions desiring to 12
build a local correctional facility proves to the satisfaction of the construction 13
authority that: 14
(a) The construction of a new local correctional facility is necessary; 15
(b) The construction of a new local correctional facility with the number of beds 16
proposed is necessary; 17
(c) The political subdivision or combination of political subdivisions has 18
sufficient bonding and revenue sources to pay the bonded indebtedness of the 19
proposed local correctional facility; 20
(d) The number and sources of prisoners for the local correctional facility is 21
sufficient to maintain the financial viability of the local correctional facility; 22
(e) The projected operating costs for the local cor rectional facility are appropriate 23
to maintain the financial viability of the local correctional facility; 24
(f) The sources of revenue are sufficient to pay, in addition to the bonded 25
indebtedness, the operation costs and maintenance for the local correctio nal 26
facility; 27
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(g) If applicable, there are contracts or interlocal cooperation agreements 1
specifying details for sharing the liability for the costs of paying the bonded 2
indebtedness and the operation costs for the local correctional facility; 3
(h) If appli cable, there are contracts or interlocal cooperation agreements 4
specifying details for the management and operation of the local correctional 5
facility; and 6
(i) All information has been provided that the construction authority required 7
pursuant to administrative regulation. 8
(4) (a) Upon approval or tentative approval by the construction authority of the new 9
local correctional facility, or the expansion of an existing correctional facility, 10
architectural plans shall be submitted to the department for approval . The 11
department's jail consultants shall review the architectural plans and within 12
sixty (60) days notify the applicant and the construction authority of their 13
findings. 14
(b) The department's jail consultants may delay final approval of the architectural 15
plans if the jail consultants determine the architectural plans for the facility do 16
not comply with administrative regulations of the department promulgated 17
pursuant to KRS 441.055. 18
(c) If the department determines that it has insufficient information upon which to 19
make a decision, a final decision shall be delayed but shall be made within 20
sixty (60) days after receipt of the information requested. 21
(d) Construction shall not commence until the requisite approvals have been 22
obtained. 23
(e) If approval is denied by the department's jail consultants, the political 24
subdivision or combination of subdivisions requesting the construction or 25
expansion of a local c orrectional facility may appeal the decision to the 26
construction authority. 27
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(5) (a) A regional jail authority that meets all of the requirements under subsection 1
(3) of this section, except for the requirement listed under subsection (3)(c) 2
of this section , shall receive tentative approval subject to receiving funding 3
from the regional jail authority construction fund under Section 6 of this 4
Act or other funding. 5
(b) Tentative approval shall expire after forty -eight (48) months unless the 6
funding required under paragraph (a) of this subsection is secured by the 7
regional jail authority. 8
Section 13. KRS 441.520 is amended to read as follows: 9
(1) As used in this section: 10
(a) "Originating jail" means a jail that has been orde red by the court to transfer 11
prisoners to a receiving jail; and 12
(b) "Receiving jail" means a jail that has been ordered by the court to receive 13
prisoners from an originating jail. 14
(2) (a) If there is danger or probable danger that any or all prisoners confined in a jail 15
will be removed from the jail by violence, the Circuit Judge shall order the 16
transfer of those prisoners to the jail of the nearest county in which the jail is 17
secure and the prisoners can be safely kept. The order shall include evidence 18
of the danger or probable danger to the prisoners. When any such order is 19
made, and a copy is given to the jailer of the receiving jail, he or she shall 20
receive all such prisoners. If a Circuit Judge is not in the county, the order of 21
transfer may be made by a District Judge, who shall deliver the order, or a 22
copy thereof, to the circuit clerk for revision by the Circuit Court. 23
(b) Except as provided in paragraph (a) of this subsection, before ordering the 24
transfer of a prisoner from an originating jail to a r eceiving jail, a Circuit 25
Judge shall receive a written agreement between the originating and receiving 26
jails. The written agreement shall specify that the receiving jail has agreed to 27
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house the prisoner or prisoners and that the originating jail shall pay the 1
prisoner's expenses in accordance with subsection (3)(a) and (b) of this 2
section. If the Circuit Judge orders the transfer before receiving the written 3
agreement, the receiving jail shall not be required to house the prisoner nor 4
shall the receiving ja il's jailer be subject to contempt for failing to obey the 5
transfer order. 6
(3) In the event a prisoner is transferred from an originating jail to a receiving jail, the 7
receiving jail shall: 8
(a) Charge no more than [three (3) times the per diem amount deter mined 9
according to KRS 431.215(2). However, the per diem rate charged by the 10
receiving jail shall not exceed ] the combined cost of the prisoner's room and 11
board, administrative processing or booking, and any evidence -based 12
programming the prisoner receives; 13
(b) Perform only medically necessary procedures on the prisoners, as determined 14
by the receiving jail's medical provider. The originating jail shall be 15
financially responsible for these medically necessary procedures. If a prisoner 16
is sent out of the rec eiving jail for more than eight (8) hours for a medically 17
necessary procedure, the originating jail shall be financially responsible for all 18
receiving jail personnel costs related to the prisoner's transportation until the 19
prisoner is returned to the receiving jail; and 20
(c) Be no more than two (2) geographically contiguous judicial districts away 21
from the originating jail. 22
(4) The sheriff of the county of the originating jail shall be responsible for the 23
transportation of any prisoners transferred pursuant to this section. For those 24
prisoners transferred pursuant to subsection (2)(a) of this section, the sheriff shall 25
transfer the prisoners in accordance with KRS 441.530(2)(a). 26
(5) To ensure the ongoing safety and security of the prisoners, any Circuit Judge who 27
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orders the transfer of a prisoner from an originating jail to a receiving jail shall 1
review his or her transfer orders every sixty (60) days, with input from the 2
originating and receiving jails. 3
Section 14. KRS 441.810 is amended to read as follows: 4
(1) (a) The regional jail authority shall be composed of members appointed by the 5
county judges/executive of the respective counties within the authority and the 6
jailer of each county within the authority [of the county wh ere the regional 7
jail is located]. 8
(b) The county judge/executive of the most populous county shall appoint three 9
(3) members to the authority, and the remainder of the county 10
judges/executive shall each appoint two (2) members. 11
(2) Members of the authority shall serve four (4) year terms, except that one (1) of each 12
county judge/executive's original appointees shall serve a two (2) year term. 13
Members of the authority shall not be compensated for their service but may be 14
reimbursed for expenses actually incurred. 15
Section 15. KRS 532.100 is amended to read as follows: 16
(1) As used in this section, "jail" means a "jail" or "regional jail" as defined in KRS 17
441.005. 18
(2) When an indeterminate term of imprisonment is imposed , the court shall commit 19
the defendant to the custody of the Department of Corrections for the term of his or 20
her sentence and until released in accordance with the law. 21
(3) When a definite term of imprisonment is imposed, the court shall commit the 22
defendant to a jail for the term of his or her sentence and until released in 23
accordance with the law. 24
(4) When a sentence of death is imposed, the court shall commit the defendant to the 25
custody of the Department of Corrections with directions that the sentence be 26
carried out according to law. 27
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(5) (a) Notwithstanding[The provisions of] KRS 500.080(5)[ notwithstanding], if a 1
Class D felon is sentenced to an indeterminate term of imprisonment of five 2
(5) years or less, he or she shall serve that term in a jail that has a contract 3
with the Department of Corrections to house state prisoners as described in 4
Section 3 of this Act[in a county in which the fiscal court has agreed to house 5
state prisoners]; except that, when an indeterminate sentence of two (2) years 6
or m ore is imposed on a Class D felon convicted of a sexual offense 7
enumerated in KRS 197.410(1), or a crime under KRS 17.510(12) or (13), the 8
sentence shall be served in a state institution [. Counties choosing not to 9
comply with the provisions of this paragra ph shall be granted a waiver by the 10
commissioner of the Department of Corrections]. 11
(b) Notwithstanding[The provisions of] KRS 500.080(5) [ notwithstanding] , a 12
Class D felon who received a sentence of more than five (5) years for 13
nonviolent, nonsexual offenses, but who currently has less than five (5) years 14
remaining to be served, may serve the remainder of his or her term in a jail 15
that has a contract with t he Department of Corrections to house state 16
prisoners as described in Section 3 of this Act [in a county in which the fiscal 17
court has agreed to house state prisoners]. 18
(c) 1. Notwithstanding[The provisions of] KRS 500.080(5)[ notwithstanding], 19
and except as provided in subparagraph 2. of this paragraph, a Class C 20
or D felon with a sentence of more than five (5) years who is classified 21
by the Department of Corrections as community custody shall serve that 22
term in a jail that has a contract with the Department of Corrections to 23
house state prisoners as described in Section 3 of this Act [in a county 24
in which the fiscal court has agreed to house state prisoners] if: 25
a. Beds are available in the jail; 26
b. State facilities are at capacity; and 27
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c. Halfway house beds are being utilized at the contract level as of 1
July 15, 2000. 2
2. When an indeterminate sentence of two (2) years or more is imposed on 3
a felon convicted of a sex crime, as defined in KRS 17.500, or any 4
similar offense in another jurisdiction , the sentence shall be served in a 5
state institution.[ 6
3. Counties choosing not to comply with the provisions of this paragraph 7
shall be granted a waiver by the commissioner of the Department of 8
Corrections.] 9
(d) Any jail that houses state inmates under t his subsection shall offer programs 10
as recommended by the Jail Standards Commission. The Department of 11
Corrections shall adopt the recommendations of the Jail Standards 12
Commission and promulgate administrative regulations establishing required 13
programs for a jail that houses state inmates under this subsection. The 14
Department of Corrections shall approve programming offered by jails to state 15
inmates for sentencing credits in accordance with KRS 197.045. 16
(e) Before housing any female state inmate, a jail sha ll be certified pursuant to 17
KRS 197.020. 18
(f) 1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the 19
Department of Corrections may direct the jail to transfer a 20
specified number of state prisoners to vacant beds at other 21
designated jai ls or state institutions. As used in this paragraph, 22
"capacity" means the capacity listed on the certificate of 23
occupancy issued each year to the jail by the Department of 24
Corrections. 25
b. The Department of Corrections shall choose which state prisoners 26
are eligible for transfer based on the security level of the vacant 27
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bed at the receiving jail or state institution. 1
c. State prisoners who are approved for transfer to a Department of 2
Corrections facility for necessary medical treatment and care 3
pursuant to KRS 441.560 shall not be transferred to another jail. 4
d. State prisoners enrolled in a Department of Corrections approved 5
program pursuant to KRS 197.045 shall not be transferred. 6
e. State prisoners awaiting trial in the county they are being housed 7
shall not be transferred. 8
f. Jails that receive state prisoners pursuant to this subparagraph shall 9
be responsible for the transportation of those prisoners to the jail. 10
2. If the Department of Corrections directs the transfer of a state prisoner 11
pursuant to subp aragraph 1. of this paragraph, the jailer has fourteen 12
(14) days to transfer the state prisoner. If the jailer refuses to release 13
custody of the state prisoner to the receiving jail within fourteen (14) 14
days, the department shall reduce the per diem for th e jail for an amount 15
equal to the per diem of that prisoner for each day the jailer refuses to 16
comply with the direction. 17
3. If the Department of Corrections directs the transfer of a state prisoner 18
pursuant to subparagraph 1. of this paragraph, the jailer of the receiving 19
jail shall accept the transfer and transport the state prisoner in 20
accordance with subparagraph 1.f. of this paragraph. If, after receiving a 21
copy of the direction, the jailer refuses to accept and transport the state 22
prisoner, the Department of Corrections shall reduce the per diem for the 23
receiving jail for an amount equal to the per diem of that prisoner for 24
each day the jailer refuses to comply with the direction. 25
4. If a jail has a vacant bed and has a Class C or Class D felon who, ba sed 26
on the Department of Corrections classification system, is eligible to be 27
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housed in that vacant bed, the department may direct the jail to transfer 1
the state prisoner to that bed. If the jailer refuses to transfer the state 2
prisoner to the vacant bed, the Department of Corrections shall reduce 3
the per diem for the jail for an amount equal to the per diem of that 4
prisoner for each day the jailer refuses to comply with the direction. 5
5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this 6
paragraph shall be enforced by withholding the amount from the per 7
diem paid to the jail pursuant to KRS 431.215(2). 8
6. If a jail that is at or over one hundred fifty percent (150%) capacity 9
requests the transfer of a specified number of state prisoners, th e 10
Department of Corrections may, if vacant beds are available at other 11
jails, direct the transfer in accordance with subparagraph 1. of this 12
paragraph. 13
(g) If a jail has vacant beds in an area of the jail usually reserved for state 14
prisoners, the jail may house county prisoners in that area. 15
(6) (a) The jailer of a county in which a Class D felon or a Class C felon is 16
incarcerated may request the commissioner of the Department of Corrections 17
to incarcerate the felon in a state corrections institution if the jailer has 18
reasons to believe that the felon is: 19
1. An escape risk;[,] 20
2. A danger to himself or herself or other inmates;[,] 21
3. An extreme security risk;[,] or 22
4. Needs protective custody beyond that which can be provided in a jail. 23
(b) The commissioner of the Department of Corrections shall evaluate the request 24
and transfer the inmate if he or she deems it necessary. If the commissioner 25
refuses to accept the felon inmate, and the Circuit Judge of the county that has 26
jurisdiction of the offense charged is of the opinion that the felon cannot be 27
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safely kept in a jail, the Circuit Judge, with the consent of the Governor, may 1
order the felon transferred to the custody of the Department of Corrections. 2
(7) [(a) ]Class D felons and Class C felons serving their time in a jail shall be 3
considered state prisoners, and, except as provided in subsection (5)(f) of this 4
section, the Department of Corrections shall pay the jail in which the prisoner is 5
incarcerated a per diem amount determined according to Section 3 of this Act[KRS 6
431.215(2)]. For other state prisoners and parole violator prisoners, the per diem 7
payments shall also begin on the date prescribed in KRS 431.215(2), e xcept as 8
provided in subsection (5)(f) of this section[. 9
(b) 1. The per diem amount paid to the jail shall be increased by two dollars 10
($2) per day of program attendance for those inmates enrolled in and 11
attending evidence-based programs approved by the de partment and that do 12
not require instructors to have completed any postsecondary education. 13
2. The per diem amount paid to the jail shall be increased by ten dollars ($10) 14
per day of program attendance for those inmates enrolled in and attending 15
evidence-based programs approved by the department and that require 16
instructors to have completed particular postsecondary courses. 17
(c) Any amount beyond the base per diem paid under paragraph (a) of this 18
subsection that is paid under a contract to the jail for an i nmate's attendance at 19
an evidence -based program shall be credited toward the ten dollars ($10) 20
increase in per diem required under paragraph (b) of this subsection]. 21
(8) State prisoners, excluding the Class D felons and Class C felons qualifying to serve 22
time in jails, shall be transferred to the state institution within forty -five (45) days 23
of final sentencing. 24
(9) (a) Class D felons eligible for placement in a jail may be permitted by the warden 25
or jailer to participate in any approved community work prog ram or other 26
form of work release with the approval of the commissioner of the 27
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Department of Corrections. 1
(b) The authority to release an inmate to work under this subsection may be 2
exercised at any time during the inmate's sentence, including the period w hen 3
the court has concurrent authority to permit work release pursuant to KRS 4
439.265. 5
(c) The warden or jailer may require an inmate participating in the program to 6
pay a fee to reimburse the warden or jailer for the cost of operating the 7
community work p rogram or any other work release program. The fee shall 8
not exceed the lesser of fifty -five dollars ($55) per week or twenty percent 9
(20%) of the prisoner's weekly net pay earned from the community work 10
program or work release participation. In addition, the inmate may be required 11
to pay for any drug testing performed on the inmate as a requirement of the 12
community work program or work release participation. 13
(d) This subsection shall not apply to an inmate who: 14
1. Is not eligible for work release pursuant to KRS 197.140; 15
2. Has a maximum or close security classification as defined by 16
administrative regulations promulgated by the Department of 17
Corrections; 18
3. Is subject to the provisions of KRS 532.043; or 19
4. Is in a reentry center as defined in KRS 441.005. 20
Section 16. KRS 196.030 is amended to read as follows: 21
(1) The department shall, unless otherwise provided by law, exercise all functions of 22
the state in relation to: 23
(a) Management of penal, reform, and correctional institutions; 24
(b) Supervision of probation and parole; 25
(c) The giving of assistance to other departments, agencies, and institutions of the 26
state and federal government when requested by performing services in 27
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conformity with this section; 1
(d) Acting as the a gent of the federal government in matters of mutual concern, 2
and in the administration of any federal funds granted to the state to aid in the 3
performance of any function of this department; and 4
(e) Administration and enforcement of the provisions of KRS C hapter 441 5
relating to the development and enforcement of jail standards, training of 6
jailers and jail personnel, and jail planning and construction. 7
(2) Notwithstanding any other provision of law [provisions] to the contrary, the 8
Department of Corrections may contract with a county fiscal court or local or 9
regional correctional authority to house misdemeanants and persons awaiting trial 10
or sentencing. 11
(3) Notwithstanding any other provision of law to the contrary, the Department of 12
Corrections shall contract with the county fiscal court or regional jail authority to 13
provide correctional services to state prisoners in a jail or regional jail in 14
accordance with Section 3 of this Act. 15
(4) [The provisions of ] This section shall not apply to any institution, home, or agency 16
which does not receive aid from the state, a county, or municipality. 17
Section 17. KRS 441.052 is amended to read as follows: 18
(1) When a unit of local gover nment or regional jail authority facilitates medical care 19
for a prisoner confined in the jail, holdover facility, or regional jail who has not 20
been convicted as a felon and who holds a policy, contract, or certificate of 21
insurance coverage in any form, the insurer shall be primary for payment of 22
medically necessary health care benefit claims provided the following conditions 23
are met: 24
(a) The reimbursement shall be for medical, dental, or psychological claims that 25
are covered benefits under the terms and con ditions of the health benefit plan 26
held by the prisoner; 27
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(b) The reimbursement shall be applied under the terms and conditions of the 1
health benefit plan and in the same manner as though the insured were not a 2
prisoner; and 3
(c) All premiums for the health benefit plan are current. 4
(2) If the unit of local government, combination of units of local government, or 5
regional jail authority has contracted with the Department of Corrections under the 6
Department of Corrections' contract for medical, dental, or psyc hological care 7
access, or drugs, medicines, or pharmaceutical services, then the rights of the local 8
government, combination of local governments, or regional jail authority shall be 9
subrogated to the contract provider of such services to the Department of 10
Corrections. 11
(3) If the unit of local government, combination of units of local government, or 12
regional jail authority has, with the approval of the Department of Corrections, 13
contracted with another pharmaceutical services provider, then the rights of th e 14
local government, combination of local governments, or regional jail authority shall 15
be subrogated to the contract provider of medical, dental, or psychological care to 16
the local jail for access to drugs, medicines, or pharmaceutical services to the unit 17
of local government, combination of units of local government, or regional jail 18
authority. 19
(4) If a prisoner has been transferred from a local jail, regional jail, or holdover to the 20
Department of Corrections for medical care pursuant to KRS 441.560, then the 21
contract provider of drugs and pharmaceutical services or the contract provider of 22
medical, dental, or psychological care shall be subrogated to the provider of such 23
services to the Department of Corrections. 24
Section 18. KRS 441.053 is amended to read as follows: 25
(1) Except as provided in subsection (2) of this section, each jail, regional jail, holdover 26
facility, or other correctional facility owned or operated by a unit of local 27
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government, combinat ion of units of local government, or regional jail authority 1
shall utilize the Department of Corrections' contract pharmacy plan. 2
(2) (a) Except as provided in paragraph (b) of this subsection, the Department of 3
Corrections shall, on a yearly basis, waive the requirement of subsection (1) 4
of this section if the unit of local government, combination of units of local 5
government, or regional jail authority proves to the Department of Corrections 6
that the unit of local government, combination of units of local government, 7
or regional jail authority has contracted with another vendor and that: 8
1. The prescription plan covers pharmacy services, drugs, and medicine in 9
a manner which is equal to or superior to the Department of Corrections' 10
contract pharmacy plan; and 11
2. The cost of the prescription plan is equal to or less in total cost, 12
including the product cost and all other costs associated with the 13
delivery of the drugs, than the Department of Corrections' contract 14
pharmacy plan. 15
(b) If a unit of local governm ent, combination of units of local government, or 16
regional jail authority contracts with a private provider of comprehensive 17
health services for inmates, then that private provider may elect not to use the 18
Department of Corrections' contract pharmacy plan and a waiver under this 19
subsection shall not be required. 20
(3) Except as provided in subsection (4) of this section, each jail, regional jail, holdover 21
facility, or other correctional facility owned or operated by a unit of local 22
government, combination of units of local government, or regional jail authority 23
shall utilize the Department of Corrections' contract medical, dental, and 24
psychological care access plan, and the administrative service fee for the plan shall 25
be paid by the Department of Corrections subject to the limits of 2007 Ky. Acts 26
ch. 128, sec. 5. 27
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(4) The Department of Corrections may, on a yearly basis, waive the requirement of 1
subsection (3) of this section if the unit of local government, combination of units 2
of local government, or regional jail authority proves to the Department of 3
Corrections that the unit of local government, combination of units of local 4
government, or regional jail authority has contracted with another vendor and that: 5
(a) The medical, dental, and psychological care acc ess plan provides services and 6
access which is equal to or superior to the Department of Corrections' contract 7
medical, dental, and psychological care access plan; and 8
(b) The cost of the medical, dental, and psychological care access plan is equal to 9
or l ess in cost than the Department of Corrections' contract medical, dental, 10
and psychological care access plan. 11
(5) A unit of local government, combination of units of local government, or regional 12
jail authority may appeal a decision of the Department of Co rrections denying a 13
waiver under subsection (2) or (4) of this section to the secretary of justice and 14
public safety. 15
(6) A[No] program specified in this section shall not require or permit reimbursement 16
at a rate in excess of the Kentucky Medicaid program for the same or similar 17
services or products but may permit a lesser rate of reimbursement. 18
Section 19. KRS 441.560 is amended to read as follows: 19
(1) When a prisoner in a jail, regional jail, or holdover facility is injured, is or becomes 20
sick or ill, or requires specialized medical care or long -term medical care which is 21
not available at the local jail, the jailer or other person in charge of the jail, regional 22
jail, or holdover facility may request that the commission er of the department, or 23
the commissioner's designee in writing, transfer the prisoner to a facility operated 24
by the department or under contract to the department for the provision of necessary 25
medical treatment and care. 26
(2) The commissioner, or the comm issioner's designee in writing, may authorize the 27
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transfer of the prisoner to a facility operated by the department or under contract to 1
the department for the length of time necessary to secure medical treatment and 2
care for the prisoner. Following medica l care and treatment the prisoner shall be 3
returned to the jail, regional jail, or holdover facility. 4
(3) If the commissioner or the commissioner's designee, in writing, authorizes the 5
transfer of the prisoner to a facility operated by the department or un der contract to 6
the department, then the department shall pay: 7
(a) The costs of transfer to and from the department's facilities; 8
(b) The room, board, and related costs for the prisoner while the prisoner is in the 9
custody of the department; and 10
(c) The costs for medical care, treatment, medicines, and supplies for the prisoner 11
while the prisoner is in the custody of the department. 12
(4) The department shall have no legal duty to transfer any prisoner to the department 13
for medical treatment and care. The decision of the commissioner or the 14
commissioner's designee, in writing, whether or not to accept a prisoner for transfer 15
to the departme nt shall be subject to appeal to the secretary of justice and public 16
safety. 17
(5) The department shall promulgate administrative regulations in accordance with 18
KRS Chapter 13A relating to the transfer of prisoners to the department for medical 19
treatment and care. 20
(6) When a prisoner is transferred to the department for medical care and treatment, the 21
jailer or other person in charge of the jail, regional jail, or holdover facility shall 22
notify the following persons of the reason for the transfer, the fact of the transfer, 23
and the general reasons for the transfer: 24
(a) The prisoner's next of kin; 25
(b) The prisoner's attorney of record; 26
(c) The Commonwealth's attorney or county attorney, as appropriate; and 27
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(d) The Chief Circuit Judge or Chief District Judge, as appropriate. 1
(7) When a prisoner is returned to the jail, regional jail, or holdover facility by the 2
department, the jailer or other person in charge of the jail, regional jail, or holdover 3
facility shall notify the persons specified in subsection (6) of t his section of the 4
prisoner's return. 5
(8) The department's costs of providing care, drugs, medications, travel, and all other 6
expenses authorized by this section shall be a necessary governmental expense. 7