Ky. Rev. Stat. » Chapter 441

Ky. Rev. Stat. § 441.025

County responsibility for incarceration of prisoners

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(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 facility that complies with KRS 441.055; (b) Providing and maintaining a safe, secure, and clean jail in the county; or that complies with the health and life safety standards defined in KRS 441.055; (c) 1. Contracting with another county or a city for the incarceration and care of its prisoners; and 2. Providing for the transportation of prisoners, as provided for in KRS 441.505 and 441.510 including the provision of vehicles, drivers, and guards. (3) Nothing in this section shall prohibit a county from providing facilities for holding prisoners for limited periods of time and contracting with another county or a city for longer periods of incarceration. (4) Any county may enter into an agreement pursuant to KRS 65.210 to 65.300 to provide or to use jail facilities. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 108, sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 141, sec. 13, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 385, sec. 2, effective July 1, 1982. Formerly codified as KRS 441.006.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1987–2022 · leading case: Phipps v. Commonwealth
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Phipps v. Commonwealth (1996) kyctapp · cites it 7× “Explaining the county's “responsibility for incarceration of prisoners,” KRS 441.025 provides: (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.”
Garrard County, Kentucky v. Kevin Middleton (2017) ky “See KRS 441.025(2)(c). So the county correctly identifies that we cannot limit the fiscal court’s ability to alter salaries for future elected officials unless that limitation is clearly expressed by statute.”
CAMPBELL CTY. v. Ky. Corrections Cabinet (1988) ky · cites it 2× “The Corrections Cabinet claims KRS 441.025(1), 441.206(1), and 431.215(2) implicitly recognize that prisoners who have been sentenced to confinement in the penitentiary can be held in the county jails indefinitely, because these statutes provide for a fee payable from the State…”
Big Sandy Regional Jail Authority v. Lexington-Fayette Urban County Government (2017) ky · cites it 26× “KRS 441.025 When interpreting a statutory scheme, we seek to effectuate the legislature's intent and "[t]he plain meaning of the statutory language is presµmed to be what the legislature intended.”
City of Louisville Board of Zoning Adjustment v. Gailor (1996) kyctapp “By law, KRS 441.025, the fiscal court of each county shall provide for the incarceration of prisoners arrested in the county (whether the fiscal court can, through agreements, utilize private jails is not an issue in this case as the fiscal court is not a party to this…”
Kentucky County Judge/Executive Ass'n v. Commonwealth, Justice Cabinet, Department of Corrections (1996) kyctapp “The fee shall be paid to the county treasurer for use for the incarceration of prisoners as provided in KRS 441.025. The Commonwealth makes a two-fold response to this argument: (1) it contends that Campbell County v.”
Edelen v. County of Nelson (1987) kyctapp “Nelson County is complying with the legislative mandate in KRS 441.025 that requires each county to provide for the incarceration of prisoners.”
Home Indemnity Co. v. Johnson County Fiscal Court (1987) kyed “Chapter 441 of Kentucky Revised Statutes establishes the county’s responsibility and duty to provide for incarceration of prisoners by operating and maintaining a jail or contracting with another county for such incarceration (KRS 441.025). The Corrections Cabinet of the state…”
Big Sandy Regional Jail Authority v. Lexington-Fayette Urban County Government (2017) ky · cites it 13× “KRS 441.025 ·When interpreting a statutory scheme, we seek to effectuate the legislature's intent and "[t]he plain meaning of the statutory language is presµmed to be what the legislature intended.”
Campbell County v. Commonwealth (1988) ky · cites it 2× “The Corrections Cabinet claims KRS 441.025(1), 441.206(1), and 431.215(2) implicitly recognize that prisoners who have been sentenced to confinement in the penitentiary can be held in the county jails indefinitely, because these statutes provide for a fee payable from the State…”
Silverburg v. Haney (2019) kyed · cites it 4× “Silverburg also overlooks KRS § 441.025, which specifically authorizes Kentucky counties to enter into agreements with other counties to hold prisoners that are arrested and/or sentenced in that county.”
Three Forks Regional Jail v. the Estate of Ricky Combs by and Through Connie Hollan, Administratrix (2020) kyctapp · cites it 2× “KRS 441.025(1) mandates that “[t]he 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.”
Show all 14 citing cases →
— Ky. Rev. Stat. § 441.025(1) — 5 cases
CAMPBELL CTY. v. Ky. Corrections Cabinet (1988) ky “The Corrections Cabinet claims KRS 441.025(1), 441.206(1), and 431.215(2) implicitly recognize that prisoners who have been sentenced to confinement in the penitentiary can be held in the county jails indefinitely, because these statutes provide for a fee payable from the State…”
Big Sandy Regional Jail Authority v. Lexington-Fayette Urban County Government (2017) ky “KRS 441.025 When interpreting a statutory scheme, we seek to effectuate the legislature's intent and "[t]he plain meaning of the statutory language is presµmed to be what the legislature intended.”
Big Sandy Regional Jail Authority v. Lexington-Fayette Urban County Government (2017) ky “KRS 441.025 ·When interpreting a statutory scheme, we seek to effectuate the legislature's intent and "[t]he plain meaning of the statutory language is presµmed to be what the legislature intended.”
Campbell County v. Commonwealth (1988) ky “The Corrections Cabinet claims KRS 441.025(1), 441.206(1), and 431.215(2) implicitly recognize that prisoners who have been sentenced to confinement in the penitentiary can be held in the county jails indefinitely, because these statutes provide for a fee payable from the State…”
Three Forks Regional Jail v. the Estate of Ricky Combs by and Through Connie Hollan, Administratrix (2020) kyctapp “KRS 441.025(1) mandates that “[t]he 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.”
— Ky. Rev. Stat. § 441.025(2)(a) — 2 cases
Phipps v. Commonwealth (1996) kyctapp “Explaining the county's “responsibility for incarceration of prisoners,” KRS 441.025 provides: (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.”
Three Forks Regional Jail v. the Estate of Ricky Combs by and Through Connie Hollan, Administratrix (2020) kyctapp “KRS 441.025(1) mandates that “[t]he 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.”
— Ky. Rev. Stat. § 441.025(2)(b) — 1 case
Phipps v. Commonwealth (1996) kyctapp “Explaining the county's “responsibility for incarceration of prisoners,” KRS 441.025 provides: (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.”
— Ky. Rev. Stat. § 441.025(2)(c) — 1 case
Garrard County, Kentucky v. Kevin Middleton (2017) ky “See KRS 441.025(2)(c). So the county correctly identifies that we cannot limit the fiscal court’s ability to alter salaries for future elected officials unless that limitation is clearly expressed by statute.”
— Ky. Rev. Stat. § 441.025(4) — 2 cases
Silverburg v. Haney (2019) kyed “Silverburg also overlooks KRS § 441.025, which specifically authorizes Kentucky counties to enter into agreements with other counties to hold prisoners that are arrested and/or sentenced in that county.”
Lexington-Fayette Urban County Detention Center v. Crockett (1990) ky
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