Ky. Rev. Stat. » Chapter 71

Ky. Rev. Stat. § 71.040

Treatment of prisoners -- Disposition of deceased prisoners

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At the time of booking, the jailer shall receive and keep in the jail all persons who are lawfully committed thereto, until they are lawfully discharged, unless the person is in need of emergency medical attention, in which case the arresting officer shall obtain medical attention for the person prior to delivery to the jail. The jailer shall treat them humanely and furnish them with proper food and lodging during their confinement. He shall deliver those who die in jail to their friends, if requested, or have them decently buried at the expense of the county. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 141, sec. 7, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2226.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 1954–2025 · leading case: Webb v. Jessamine County Fiscal Court
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Webb v. Jessamine County Fiscal Court (2011) kyed · cites it 10× “Plaintiff argues, however, that the General Assembly has waived this immunity with respect to the care and keeping of inmates by virtue of KRS § 71.040, which states: At the time of booking, the jailer shall receive and keep in the jail all persons who are lawfully committed…”
County of Harlan v. Appalachian Regional Healthcare, Inc. (2002) ky · cites it 4× “KRS 71.040 requires humane treatment of prisoners and as such necessarily includes the proper paper work or assistance therewith.”
Rowan County v. Sloas (2006) ky · cites it 2× “); see also, KRS 71.040 (stating that "[he] shall treat them humanely").”
Shepherd v. Floyd County (2015) kyed “Third, KRS 71.040 governs the treatment of prisoners.”
Sudderth v. White (1981) kyctapp “A jailer has certain duties with respect to prisoners received into his custody, See KRS 71.040; Lamb v. Clark, 282 Ky. 167 , 138 S.”
A.H., the Minor Child of James Hatcher, by and Through Heidi Gallo, Mother, Guardian, Next Friend and Administratrix of (2020) ky · cites it 31× “When James Hatcher died within 24 hours of entering custody of the Louisville Metro Department of Corrections (LMDC), his children and their mother, acting as Administratrix of Hatcher’s Estate (collectively Gallo), filed suit alleging violation of KRS 71.040 and attributing…”
Briskman v. Central State Hospital (1954) kyctapphigh “It is true the jailer had the statutory responsibility under KRS 71.040 to treat him humanely and furnish him with proper food and lodging during his confinement, and the state had the statutory responsibility under KRS 64.”
Sours ex rel. Estate of Sours v. Big Sandy Regional Jail Authority (2013) kyed · cites it 2× “See Ky.Rev.Stat. § 71.040 (“The jailer shall treat [inmates] humanely----”); 501 Ky.”
O'Hara v. Laurel County Correctional Center (2023) kyed · cites it 7× “On February 3, 2023, Plaintiff brought this action in Laurel County Circuit Court, alleging violations of KRS § 71.040; negligence and gross negligence; civil rights violations pursuant to 42 U.”
Barnett v. Harmon (2020) kywd · cites it 5× “Specifically, he refers to Ky. Rev. Stat. § 71.040, which provides as follows: At the time of booking, the jailer shall receive and keep in the jail all persons who are lawfully committed thereto, until they are lawfully discharged, unless the person is in need of emergency…”
O'Boyle v. Madison County, Kentucky (2023) kyed · cites it 2× “KRS § 71.040. The Commonwealth’s regulations go further to account for the special relationship between jailer and detainee, outlining that “[e]mergency medical, vision, and dental care shall be available to all prisoners commensurate with the level of care available to the…”
Moore v. Hopkins County, Kentucky (2019) kywd · cites it 2× “He also alleges state claims under KRS § 71.040, negligence, gross negligence, and outrage (intentional infliction of emotional distress).”
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