{"data":{"id":"us-ky/krs-532.100","jurisdiction":"us-ky","citation":"KRS 532.100","heading":"Place of imprisonment -- Commitment when death sentence imposed –","body":"Housing for female state inmates -- Transfer of prisoners when jail is over capacity -- Reduction in per diem upon jailer's refusal to transfer -- Per diem increase for each day of prisoner attendance in department-approved program -- Incarceration of certain Class C and D felons and felons convicted of sex crimes -- Work release for certain inmates.\n(1) As used in this section, \"jail\" means a \"jail\" or \"regional jail\" as define d in KRS 441.005.\n(2) When an indeterminate term of imprisonment is imposed, the court shall commit the defendant to the custody of the Department of Corrections for the term of his or her sentence and until released in accordance with the law.\n(3) When a definite term of imprisonment is imposed, the court shall commit the defendant to a jail for the term of his or her sentence and until released in accordance with the law.\n(4) When a sentence of death is imposed, the court shall commit the defendant to the custody of the Department of Corrections with directions that the sentence be carried out according to law.\n(5) (a) The provisions of KRS 500.080(5) notwithstanding, if a Class D felon is sentenced to an indeterminate term of imprisonment of five (5) year s or less, he or she shall serve that term in a jail in a county in which the fiscal court has agreed to house state prisoners; except that, when an indeterminate sentence of two (2) years or more is imposed on a Class D felon convicted of a sexual offense enumerated in KRS 197.410(1), or a crime under KRS 17.510(12) or (13), the sentence shall be served in a state institution. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of the Department of Corrections.\n(b) The provisions of KRS 500.080(5) notwithstanding, a Class D felon who received a sentence of more than five (5) years for nonviolent, nonsexual offenses, but who currently has less than five (5) years remaining to be served, may serv e the remainder of his or her term in a jail in a county in which the fiscal court has agreed to house state prisoners.\n(c) 1. The provisions of KRS 500.080(5) notwithstanding, and except as provided in subparagraph 2. of this paragraph, a Class C or D fel on with a sentence of more than five (5) years who is classified by the Department of Corrections as community custody shall serve that term in a jail in a county in which the fiscal court has agreed to house state prisoners if: a. Beds are available in the jail; b. State facilities are at capacity; and c. Halfway house beds are being utilized at the contract level as of July 15, 2000.\n2. When an indeterminate sentence of two (2) years or more is imposed on a felon convicted of a sex  crime, as defined in KRS 17.500, or any similar offense in another jurisdiction, the sentence shall be served in a state institution.\n3. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of  the Department of Corrections.\n(d) Any jail that houses state inmates under this subsection shall offer programs as recommended by the Jail Standards Commission. The Department of Corrections shall adopt the recommendations of the Jail Standards Commission and promulgate administrative regulations establishing required programs for a jail that houses state inmates under this subsection. The Department of Corrections shall approve programming offered by jails to state inmates for sentencing credits in accordance with KRS 197.045.\n(e) Before housing any female state inmate, a jail shall be certified pursuant to KRS 197.020.\n(f) 1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the Department of Corrections may direct the jail to transfe r a specified number of state prisoners to vacant beds at other designated jails or state institutions. As used in this paragraph,\n\"capacity\" means the capacity listed on the certificate of\noccupancy issued each year to the jail by the Department of\nCorrections.\nb. The Department of Corrections shall choose which state prisoners\nare eligible for transfer based on the security level of the vacant\nbed at the receiving jail or state institution.\nc. State prisoners who are approved for transfer to a Department of\nCorrections facility for necessary medical treatment and care\npursuant to KRS 441.560 shall not be transferred to another jail.\nd. State prisoners enrolled in a Department of Corrections approved\nprogram pursuant to KRS 197.045 shall not be transferred.\ne. State prisoners awaiting trial in the county they are being housed\nshall not be transferred.\nf. Jails that receive state prisoners pursuant to this subparagraph shall\nbe responsible for the transportation of those prisoners to the jail.\n2. If the Depar tment of Corrections directs the transfer of a state prisoner\npursuant to subparagraph 1. of this paragraph, the jailer has fourteen\n(14) days to transfer the state prisoner. If the jailer refuses to release\ncustody of the state prisoner to the receiving j ail within fourteen (14)\ndays, the department shall reduce the per diem for the jail for an amount\nequal to the per diem of that prisoner for each day the jailer refuses to\ncomply with the direction.\n3. If the Department of Corrections directs the transfer  of a state prisoner\npursuant to subparagraph 1. of this paragraph, the jailer of the receiving\njail shall accept the transfer and transport the state prisoner in\naccordance with subparagraph 1.f. of this paragraph. If, after receiving a\ncopy of the direct ion, the jailer refuses to accept and transport the state\nprisoner, the Department of Corrections shall reduce the per diem for the\nreceiving jail for an amount equal to the per diem of that prisoner for\neach day the jailer refuses to comply with the direction.\n4. If a jail has a vacant bed and has a Class C or Class D felon who, based\non the Department of Corrections classification system, is eligible to be\nhoused in that vacant bed, the department may direct the jail to transfer\nthe state prisoner to that  bed. If the jailer refuses to transfer the state\nprisoner to the vacant bed, the Department of Corrections shall reduce\nthe per diem for the jail for an amount equal to the per diem of that\nprisoner for each day the jailer refuses to comply with the direction.\n5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this\nparagraph shall be enforced by withholding the amount from the per\ndiem paid to the jail pursuant to KRS 431.215(2).\n6. If a jail that is at or over one hundred fifty percent (150 %) capacity\nrequests the transfer of a specified number of state prisoners, the\nDepartment of Corrections may, if vacant beds are available at other\njails, direct the transfer in accordance with subparagraph 1. of this\nparagraph.\n(g) If a jail has vacant b eds in an area of the jail usually reserved for state\nprisoners, the jail may house county prisoners in that area.\n(6) The jailer of a county in which a Class D felon or a Class C felon is incarcerated\nmay request the commissioner of the Department of Corr ections to incarcerate the\nfelon in a state corrections institution if the jailer has reasons to believe that the\nfelon is an escape risk, a danger to himself or herself or other inmates, an extreme\nsecurity risk, or needs protective custody beyond that wh ich can be provided in a\njail. The commissioner of the Department of Corrections shall evaluate the request\nand transfer the inmate if he or she deems it necessary. If the commissioner refuses\nto accept the felon inmate, and the Circuit Judge of the county  that has jurisdiction\nof the offense charged is of the opinion that the felon cannot be safely kept in a jail,\nthe Circuit Judge, with the consent of the Governor, may order the felon transferred\nto the custody of the Department of Corrections.\n(7) (a) Class D felons and Class C felons serving their time in a jail shall be\nconsidered state prisoners, and, except as provided in subsection (5)(f) of this\nsection, the Department of Corrections shall pay the jail in which the prisoner\nis incarcerated a per die m amount determined according to KRS 431.215(2).\nFor other state prisoners and parole violator prisoners, the per diem payments\nshall also begin on the date prescribed in KRS 431.215(2), except as provided\nin subsection (5)(f) of this section.\n(b) 1. The per diem amount paid to the jail shall be increased by two dollars\n($2) per day of program attendance for those inmates enrolled in and\nattending evidence-based programs approved by the department and that\ndo not require instructors to have completed any po stsecondary\neducation.\n2. The per diem amount paid to the jail shall be increased by ten dollars\n($10) per day of program attendance for those inmates enrolled in and\nattending evidence-based programs approved by the department and that\nrequire instructors to have completed particular postsecondary courses.\n(c) Any amount beyond the base per diem paid under paragraph (a) of this\nsubsection that is paid under a contract to the jail for an inmate's attendance at\nan evidence -based program shall be credited toward the ten dollars ($10)\nincrease in per diem required under paragraph (b) of this subsection.\n(8) State prisoners, excluding the Class D felons and Class C felons qualifying to serve\ntime in jails, shall be transferred to the state institution within forty -five (45) days\nof final sentencing.\n(9) (a) Class D felons eligible for placement in a jail may be permitted by the warden\nor jailer to participate in any approved community work program or other\nform of work release with the approval of the commissioner of the\nDepartment of Corrections.\n(b) The authority to release an inmate to work under this subsection may be\nexercised at any time during the inmate's sentence, including the period when\nthe court has concurrent authority to permit work release pursuant to KRS\n439.265.\n(c) The warden or jailer may require an inmate participating in the program to\npay a fee to reimburse the warden or jailer for the cost of operating the\ncommunity work program or any other work release program. The fee shall\nnot exceed the lesser of fifty -five dollars ($55) per week or twenty pe rcent\n(20%) of the prisoner's weekly net pay earned from the community work\nprogram or work release participation. In addition, the inmate may be required\nto pay for any drug testing performed on the inmate as a requirement of the\ncommunity work program or work release participation.\n(d) This subsection shall not apply to an inmate who:\n1. Is not eligible for work release pursuant to KRS 197.140;\n2. Has a maximum or close security classification as defined by\nadministrative regulations promulgated by the De partment of\nCorrections;\n3. Is subject to the provisions of KRS 532.043; or\n4. Is in a reentry center as defined in KRS 441.005.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53983","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"d2b154ecbf2d7019d568a3fd2a4b206c17c30f4f753c82c1f4d6c7dd76645922","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.090","next":"us-ky/krs-532.110"},"notice":"GroundRules: Original legal text. Not legal advice."}