(1) If the judgment imposes a sentence of death or confinement in the penitentiary,
county jail or other institution, two (2) certified copies thereof shall be furnished
forthwith to the sheriff who shall execute the same by delivering the defendant and
a certified copy of the judgment to the person in charge of the penitentiary, jail or
institution of confinement and making a written return thereof in the office of the
circuit clerk within ten (10) days after the execution.
(2) When the judgment imposes a sentence of death or confinement in the penitentiary,
the county in which the prisoner is incarcerated shall receive from the State
Treasury a fee per day beginning on the day on which judgment was rendered and
ending the day that the defendant is delivered to the penitentiary. The fee shall be
paid to the county treasurer for use for the incarceration of prisoners as provided in
KRS 441.025.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 94, sec. 1, effective July 15, 2014. -- Amended
1986 Ky. Acts ch. 382, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch.
415, sec. 11, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch.
14, sec. 441, effective January 2, 1978. -- Reenacted 1962 Ky. Acts ch. 234, sec. 44.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1137-2.
Formerly codified as KRS 431.230.
Notes of Decisions
Kentucky Cnty. Judge/Exec. Ass'n v. Commonwealth, Just. Cabinet, Dep't of Corr., 938 S.W.2d 582 (Ky. Ct. App. 1996).
· cites it 7× “Commonwealth, Kentucky Corrections Cabinet, supra, approved the five-day period by holding that it is a “reasonable accommodation” for the sheriff to comply with KRS 431.215(1) requiring the transmission of the commitment order and other administrative activities, and (2) the…”
CAMPBELL CTY. v. Ky. Corr. Cabinet, 762 S.W.2d 6 (Ky. 1988).
· cites it 6× “100, KRS 431.215, and RCr 11.22. KRS 532.100 specifies the "Place of imprisonment" for convicted felons.”
Campbell Cnty. v. Commonwealth, 762 S.W.2d 6 (Ky. 1988).
· cites it 5× “100, KRS 431.215, and RCr 11.22. KRS 532.100 specifies the “Place of imprisonment” for convicted felons.”
Nolan v. Thomas, 379 S.W.2d 248 (Ky. Ct. App. 1964).
“KRS 431.215. Prior to the effective date of that statute, Criminal Code, section 293, provided that a judgment of confinement should be executed by furnishing a certified copy to the sheriff and no other warrant or authority was necessary to its execution.”
— Ky. Rev. Stat. § 431.215(1) — 3 cases
Kentucky Cnty. Judge/Exec. Ass'n v. Commonwealth, Just. Cabinet, Dep't of Corr., 938 S.W.2d 582 (Ky. Ct. App. 1996).
“Commonwealth, Kentucky Corrections Cabinet, supra, approved the five-day period by holding that it is a “reasonable accommodation” for the sheriff to comply with KRS 431.215(1) requiring the transmission of the commitment order and other administrative activities, and (2) the…”
Campbell Cnty. v. Commonwealth, 762 S.W.2d 6 (Ky. 1988).
“100, KRS 431.215, and RCr 11.22. KRS 532.100 specifies the “Place of imprisonment” for convicted felons.”
— Ky. Rev. Stat. § 431.215(2) — 3 cases
Kentucky Cnty. Judge/Exec. Ass'n v. Commonwealth, Just. Cabinet, Dep't of Corr., 938 S.W.2d 582 (Ky. Ct. App. 1996).
“Commonwealth, Kentucky Corrections Cabinet, supra, approved the five-day period by holding that it is a “reasonable accommodation” for the sheriff to comply with KRS 431.215(1) requiring the transmission of the commitment order and other administrative activities, and (2) the…”
Campbell Cnty. v. Commonwealth, 762 S.W.2d 6 (Ky. 1988).
“100, KRS 431.215, and RCr 11.22. KRS 532.100 specifies the “Place of imprisonment” for convicted felons.”
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