{"data":{"id":"us-ky/krs-441.520","jurisdiction":"us-ky","citation":"KRS 441.520","heading":"Transfer of prisoners to secure jail -- Circuit Judge may order --","body":"Agreement between originating jail and receiving jail -- Restrictions on\nreceiving jail -- Transport by sheriff -- Review of transfer order by Circuit\nJudge.\n(1) As used in this section:\n(a) \"Originating jail\" means a jail that has been ordered by the court to transfer\nprisoners to a receiving jail; and\n(b) \"Receiving jail\" means a jail that has been ordered by the court to receive\nprisoners from an originating jail.\n(2) (a) If there is danger or probable danger that any or all prisoners confined in a jail\nwill be removed from the jail by violence, the Circuit Judge shall order the\ntransfer of those prisoners to the jail of the nearest county in which the jail is\nsecure and the pris oners can be safely kept. The order shall include evidence\nof the danger or probable danger to the prisoners. When any such order is\nmade, and a copy is given to the jailer of the receiving jail, he or she shall\nreceive all such prisoners. If a Circuit Jud ge is not in the county, the order of\ntransfer may be made by a District Judge, who shall deliver the order, or a\ncopy thereof, to the circuit clerk for revision by the Circuit Court.\n(b) Except as provided in paragraph (a) of this subsection, before order ing the\ntransfer of a prisoner from an originating jail to a receiving jail, a Circuit\nJudge shall receive a written agreement between the originating and receiving\njails. The written agreement shall specify that the receiving jail has agreed to\nhouse the prisoner or prisoners and that the originating jail shall pay the\nprisoner's expenses in accordance with subsection (3)(a) and (b) of this\nsection. If the Circuit Judge orders the transfer before receiving the written\nagreement, the receiving jail shall no t be required to house the prisoner nor\nshall the receiving jail's jailer be subject to contempt for failing to obey the\ntransfer order.\n(3) In the event a prisoner is transferred from an originating jail to a receiving jail, the\nreceiving jail shall:\n(a) Charge no more than three (3) times the per diem amount determined\naccording to KRS 431.215(2). However, the per diem rate charged by the\nreceiving jail shall not exceed the combined cost of the prisoner's room and\nboard, administrative processing or booki ng, and any evidence -based\nprogramming the prisoner receives;\n(b) Perform only medically necessary procedures on the prisoners, as determined\nby the receiving jail's medical provider. The originating jail shall be\nfinancially responsible for these medicall y necessary procedures. If a prisoner\nis sent out of the receiving jail for more than eight (8) hours for a medically\nnecessary procedure, the originating jail shall be financially responsible for all\nreceiving jail personnel costs related to the prisoner' s transportation until the\nprisoner is returned to the receiving jail; and\n(c) Be no more than two (2) geographically contiguous judicial districts away\nfrom the originating jail.\n(4) The sheriff of the county of the originating jail shall be responsible f or the\ntransportation of any prisoners transferred pursuant to this section. For those\nprisoners transferred pursuant to subsection (2)(a) of this section, the sheriff shall\ntransfer the prisoners in accordance with KRS 441.530(2)(a).\n(5) To ensure the ong oing safety and security of the prisoners, any Circuit Judge who\norders the transfer of a prisoner from an originating jail to a receiving jail shall\nreview his or her transfer orders every sixty (60) days, with input from the\noriginating and receiving jails.","path":["KRS Chapter 441"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49957","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:55Z","sha256":"8746f8bea4fa79673ee34879d1e824e305ec501bf214d51a00e214e544f6b704","source_id":"us-ky","stale":false,"prev":"us-ky/krs-441.510","next":"us-ky/krs-441.530"},"notice":"GroundRules: Original legal text. Not legal advice."}