Kentucky Revised Statutes

Ky. Rev. Stat. § 71.020 (2026)

Custody of jail

✓ current as of May 2026
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Each jailer shall have the custody, rule and charge of the jail in his county and of all persons in the jail and shall keep the same himself or by his deputy or deputies. Where the jail admits the residence of the same therein he or one (1) of his deputies may reside in the jail. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 385, sec. 27, effective July 1, 1982. -- Amended 1942 Ky. Acts ch. 147, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2229.

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 1975–2025 · leading case: Rowan Cnty. v. Sloas, 201 S.W.3d 469 (Ky. 2006).
Rowan Cnty. v. Sloas, 201 S.W.3d 469 (Ky. 2006). · cites it 4× “Admittedly, a more stringent compulsion applies to the incarceration of prisoners as the jailer has custody, rule and charge of the jail and all persons therein pursuant to KRS 71.020. And, "[t]he law imposes the duty on a jailer to exercise reasonable and ordinary care and…”
Cnty. of Harlan v. Appalachian Reg'l Healthcare, Inc., 85 S.W.3d 607 (Ky. 2002). · cites it 2× “The administrative burden of the jailer comes from his custodial responsibilities as stated in KRS 71.020, 71.030 and 71.040. KRS 71.040 requires humane treatment of prisoners and as such necessarily includes the proper paper work or assistance therewith.”
Shepherd v. Floyd Cnty., 128 F. Supp. 3d 976 (E.D. Ky. 2015). “Fourth, KRS 71.020 states that the jailer has “custody, rule, and charge” of the jail.”
James v. Jones, 148 F.R.D. 196 (W.D. Ky. 1993). “” KRS 71.020. At least one District Court, interpreting a virtually identical statute, has held that an official with such power may be held liable under Section 1983 for JJDPA violations.”
Hall v. Midwest Bottled Gas Distributors, Inc., 532 S.W.2d 449 (Ky. Ct. App. 1975). “The next issue to be considered is whether the portion of the summary judgment in favor of the jailer and assistant jailer was granted properly.”
Vaughn v. Asbury, 726 S.W.2d 315 (Ky. Ct. App. 1987). “KRS 71.020. An examination of divers statutes (which we do not attempt to set forth) may well lead to the conclusion that, under the circumstances at hand, it was the primary duty of the Sheriff of Boyd County not only to transport Barnette but to retain custody throughout the…”
Turner v. Long (W.D. Ky. 2021). · cites it 5× “State Law Claims Plaintiff’s claims under Ky. Rev. Stat. §§ 71.020, 71.040, 71.060, and 441.”
Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997). · cites it 2× “A jailer has custody, rule and charge of the jail and all persons in the jail pursuant to KRS 71.020. Sudderth v. White, Ky.App., 621 S.”
A.H., the Minor Child of James Hatcher, by & Through Heidi Gallo, Mother, Guardian, Next Friend & Adm'x of the Est. of James Hatcher v. Louisville Metro Gov't (Ky. 2020). “040, and money damages being unavailable due to immunity, the most that 9 KRS 71.020 states: Each jailer shall have the custody, rule and charge of the jail in his county and of all persons in the jail and shall keep the same himself or by his deputy or deputies.”
Brad A. Roberts v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “020(1) provides in relevant part that: “Each jailer shall have the custody, rule and charge of the jail in his county and of all persons in the jail and shall keep the same himself or by his deputy or deputies.” KRS 71.040 mandates that “[t]he jailer shall treat [prisoners]…”
Gonzalez (W.D. Ky. 2025). “§ 99; KRS 71.020). Therefore, as the Casey County Jailer, Woodrum is responsible for the CCDC and had custody of Gonzalez while he was incarcerated at that facility.”
Noem (W.D. Ky. 2025). “§ 99; KRS 71.020). Therefore, as the Hopkins County Jailer, Lewis is responsible for the HCJ and has custody of Del Villar while he is incarcerated at that facility.”
— Ky. Rev. Stat. § 71.020(1) — 1 case
Brad A. Roberts v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “020(1) provides in relevant part that: “Each jailer shall have the custody, rule and charge of the jail in his county and of all persons in the jail and shall keep the same himself or by his deputy or deputies.” KRS 71.040 mandates that “[t]he jailer shall treat [prisoners]…”
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