Request By:
Hon. Stanley H. Knox
Sheriff of Montgomery County
Montgomery County Courthouse
Mt. Sterling, Kentucky 40353
Opinion
Opinion By: Chris Gorman, Attorney General; Gerard R. Gerhard, Assistant Attorney General
Re: Questions Concerning Responsibility for Transporting Prisoners. AGO Corr. No. 92-(O)-454.
By letter of March 13, 1992, you pose several questions related to what officer (e.g., sheriff or jailer) has responsibility for transporting prisoners.
Your first question asks whether the facility known as the Montgomery County Regional Jail is a county jail or an urban-county facility. The jail facility in Montgomery County, known as the Montgomery County Regional Jail, is, from a legal perspective, a "county jail, " that is, one maintained by a county other than an "urban-county. " The "urban-county" form of government provided for by KRS 67A.010 et seq. , has not been adopted in Montgomery County and, therefore, Montgomery County's jail is not an "urban-county facility."
You ask who is responsible to transport prisoners. KRS 441.025 provides in part:
(1) The fiscal court of each county shall provide for the incarceration of prisoners arrested in the county or sentenced or held by order of the courts in the county.
(2) The fiscal court shall provide for the incarceration of prisoners by:
(a) Providing and maintaining a jail in the county; or
(b) Contracting with another county or a city for the incarceration and care of its prisoners; and
(c) Providing for the transportation of prisoners, as provided for in KRS 441.505 and 441.510 including the provision of vehicles, drivers and guards.
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(Emphasis added.)
KRS 441.505 provides:
(1) The fiscal court of each county shall provide for the transportation of prisoners as necessary from the jail budget. All vehicles used for the purpose of transporting prisoners shall be equipped with security screens and two-way radios.
(2) The fiscal court shall not be required to provide for the transportation of prisoners on work release.
(3) The fiscal court shall not be responsible for providing transportation to prisoners being held out of the county at the time of their release.
As related to the Montgomery County Regional Jail, and transportation of prisoners, KRS 441.510 provides:
(1) If an accused is confined in a detention facility, he shall be transported as necessary in accordance with the following provisions, unless otherwise ordered by the court:
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(c) Except as provided in subsection (3) of this section [which has no application to current circumstances in Montgomery County], in all other cases the sheriff of the county where the prisoner is incarcerated shall carry out this duty.
(2) If an accused is sentenced to confinement, the sheriff shall deliver him to the proper detention facility, with these exceptions: [Exceptions have no applicability regarding current circumstances in Montgomery County.]
(Emphasis added.)
From the provisions cited above, it can be seen that in Montgomery County, the statutes place the general responsibility for transporting prisoners with the sheriff (KRS 441.510(1)(c) and (2)), with the fiscal court being responsible for providing funding for such responsibility through the jail budget (KRS 441.505(1)). And see, Opinion of the Attorney General (OAG) 84-354 (copy enclosed) .
While, as noted, the general responsibility for transporting prisoners of the Montgomery County Regional Jail rests with the sheriff of Montgomery County, responsibility for such function may depend upon the facts involving a given prisoner.
If a prisoner of another county is housed in the Montgomery County Regional Jail, transportation of the prisoner for court appearances in such other county, or upon final sentencing, to the Corrections Cabinet, would rest either with the sheriff of the such other county, or the designated transportation officer of such other county, depending upon the facts regarding that county. Cf ., OAG 84-330, copy enclosed.
Where a prisoner is held in the Montgomery County Regional Jail under contract, responsibility for transportation of a prisoner in connection with routine or emergency medical care should be addressed by the terms of the prisoner housing agreement with the sending county, and by local policy established by the fiscal court.
In any event, if a court order issues directing that the sheriff take specific action, e.g., in transporting prisoners, unless a proceeding is instituted resulting in the suspension of the order, the order should be complied with. See for example, OAG 80-482, copy enclosed.
Regarding who should pay for the transportation of prisoners, the general responsibility rests with the fiscal court through the jail budget. KRS 441.025(c), KRS 441.505(1). Specific responsibility for payment for transportation of prisoners in a given case may be governed by the status of a given prisoner, and agreements in such regard - e.g., prisoner from another county; state prisoner; federal prisoner.