Request By:
Mr. Michael A. Stidham
Breathitt County Attorney
Main Street
Jackson, Kentucky 41339
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
In your recent letter you request our opinion on questions arising out of the closing of the Breathitt County jail. The letter reads as follows:
"The Breathitt County Jail has been closed by the Corrections Cabinet. The Fiscal Court has contracted with other counties for the housing of prisoners. There is no city jail in the City of Jackson, a fourth class city.
"All persons who were arrested by either County, State or City Officials prior to the closing of the County Jail were incarcerated at the County Jail. The Jailer of Breathitt County has advised certain City Policemen that he will not transport their prisoners to other jails. The Jailer has heretofore transported to and from other jails all prisoners and arrestees, including city prisoners.
"1. Whose duty is it to transport prisoners from the Breathitt County Jail to a jail with which Breathitt County has contracted?
"2. Is there a distinction to be made between prisoners or persons arrested by the State Police, County Sheriff and the City Police?
"3. Must the arresting officer deliver any person arrested to an approved jail site with which Breathitt County has contracted or must the Breathitt County Jailer deliver these people after they have been initially delivered unto him?
"4. Must a city of the fourth class with no jail contribute to or pay for the incarceration, housing, transportation, feeding and medical treatment of its prisoners or persons arrested by its officers?"
In answer to question no. 1, we note that the Breathitt County jail is closed and has necessitated the Breathitt Fiscal Court's contracting with other counties for the housing of Breathitt prisoners. KRS 441.006(2)(b). In that situation, the jailer of Breathitt County has the responsibility for transporting Breathitt prisoners from the now closed Breathitt jail to a jail or jails made available under contract by one or more other counties, except as otherwise agreed in such contracts. KRS 441.500(3). When we say Breathitt County prisoners, we are referring to prisoners who are subject to Breathitt County Judicial Court trial or other judicial procedure. This responsibility of transporting such Breathitt prisoners to the contract jails applies to the Breathitt jailer, regardless of whether the arresting officers were city policemen, county or state policemen. In addition, cities have no responsibility for maintaining jails under current legislation. See KRS 441.005(1), defining "jail" as county jails etc. See also KRS 441.006(1) and (2) concerning the responsibility of fiscal courts to provide a local jail or to contract for jail services with other counties.
The answer to question no. 2, as we have said above, is that as relates to the jailer's responsibility for transporting Breathitt County prisoners (subject to Breathitt Court jurisdiction), the arresting officers' governmental units to which they belong are of no significance in this context.
As relates to question no. 3, an arresting officer in Breathitt County has the responsibility of either bringing the arrested person to the proper court, if in session, or to the Breathitt jailer for transportation to a contract jail, where the prisoner will await court appearance.
In answer to question no. 4, a city of the fourth class (like all cities) has no responsibility for providing a jail. In addition, we find no statutes requiring such city to contribute to or pay for the incarceration, housing, transportation, feeding and medical treatment (except as hereinafter pointed out) of persons arrested by its officers. See KRS 441.005(1), defining "jail" as county jails etc. See also KRS 441.006(2), providing that fiscal courts (county government) must provide for incarceration of county prisoners. No other governments are involved. Also see KRS 441.010(3), concerning medical care for prisoners. In the latter statutory frame, where the person arrested is charged with violating a city ordinance, the city, if the prisoner is determined to be indigent under KRS 31.120, would be responsible for paying non-postponable medical attention cost involving such prisoner.