KRS 441.125: Working of prisoners at community -service-related projects -- Written

policy -- Prisoner's status not employment.

(1) (a) As used in this section, "community -service-related project" means a project

involving work for:

1. The Commonwealth or an agency of the Commonwealth;

2. A county, urban -county, charter county, city, special district, or an

agency of any of these entities; or

3. A nonprofit, charitable, or service organization in projects that serve a

public purpose.

(b) Work on a community -service-related project shall not confer private benefit

on a person except as may be incidental to the public benefit.

(2) Each jailer shall write a policy governing prisoners working on community -service-

related projects, which shall be submitted to the f iscal court for approval. The

written policy shall state at a minimum:

(a) Which type of prisoner, if any, shall be assigned to which type of work, taking

into account the physical and mental abilities of prisoners and security of the

jail and the general public;

(b) That no prisoner shall be assigned to unduly hazardous work that would

endanger the life or health of the prisoner or others; and

(c) That any prisoner may, for a valid medical reason, decline to work on

community-service-related projects. No p risoner shall be punished or

otherwise penalized for this refusal.

(3) A prisoner shall not begin work on a particular community -service-related project

without the approval of the director of the relevant entity referred to in subsection

(1)(a) of this section, or the director's designee.

(4) Participation in community -service-related projects shall not be deemed

employment for any purpose, and a prisoner shall not be deemed an employee or

agent of the entity for which he or she performs the community service work.