Request By:
Mr. Gary M. Smith, Attorney
Executive Department for
Finance and Administration
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question is whether the state is responsible for a prisoner's medical expenses when confined in a county jail as a result of being charged with or convicted of a felony or contempt, or for violation of a state law or statute, or for contempt.
There are no statutes pinpointing this responsibility, except for KRS 67.080, which imposes a duty on the fiscal court, of the county in which the prisoner is a resident, to care for the sick and the poor. See also KRS 204.010 [fiscal court must provide for paupers]. It is our opinion that the fiscal court, of the county of the prisoner's residence, if the prisoner is indigent, has the primary responsibility for paying, subject to the county's ability to pay, any necessary medical bills incurred while he was a prisoner in the county jail. City of Paducah v. McCracken County, 305 Ky. 539, 204 S.W.2d 942 (1947) 943. The court in the Paducah case pointed out that the city of the prisoner's residence has a responsibility to contribute to such expenses, however, the court did not pinpoint any proportionate basis for such contribution. At least the city should be encouraged to participate in sharing this burden. See also City of Richmond v. Madison County, 290 Ky. 293, 161 S.W.2d 58 (1942).
We can find no statutes imposing upon the state any financial responsibility in such matter.