Request By:
Mr. J. Thomas Shewmaker
Muhlenberg County Attorney
P.O. Box 302
Greenville Kentucky 42345
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
A question has arisen in Muhlenberg County concerning the use of the city jail in Greenville or Central City, where the county jail is filled to capacity and there is no place other than the city jail to detain persons arrested. You feel that you can advise fiscal court and the police departments of the two cities that under KRS 95.787 the cities could detain individuals arrested in those cities, when the county jail is full.
Question No. 1:
"On occasions when the county jail is filled to capacity, would police officers be allowed to lodge individuals in either the Central City or Greenville city jails and would the cities be entitled to the cities he entitled to the normal dieting fee provided by KRS 64.150?"
KRS 95.787 reads:
"Persons arrested for any bailable offense, in cities of the fourth or fifth class, may be placed in the station house, county jail or city jail for safekeeping, until taken before the court for examination."
Although, as we said in OAG 79-367, we entertain some doubt as to the legality of the existence of city jails, it is our opinion that if the county jail is filled to capacity, a person arrested for any bailable offense in Greenville or Cential City (4th class cities), may be placed in the applicable city jail for safekeeping until taken before the court for examination.
It is further our opinion that the state should honor the city's dieting claim under KRS 64.150, in the event of such detention, provided the prisoners are charged under state statutes. Under KRS 64.150(2), the unit of government whose law, statute, ordinance or code a prisoner is charged with or convicted of violating shall be responsible for the dieting fees payable to the jailer having custody of such prisoner. In such cases the dieting fee would accrue to the city or to the jailer, depending upon the contractual agreement between the city and the city jailer.
Question No. 2.
"On instances when the county jail is filled to capacity is a district court authorized to direct the incarceration of a prisoner in either the Greenville or Central City city jail instead of transferring a prisoner out of the county?"
The answer is "yes". See our detailed reasoning in OAG 79-367, copy enclosed. See KRS 441.005, 441.410, and 441.500, mentioning "city jails"