Kentucky Revised Statutes

Ky. Rev. Stat. § 71.060 (2026)

Jail personnel -- Conditions for appointment of a deputy who resides out of

✓ current as of May 2026
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(1) The jailer shall be liable on his official bond for the conduct of his deputies. The deputies shall have all the powers and be subject to the same penalties as the jailer.

(2) The jailer shall be responsible for the appointment and removal of jail personnel, and the jailer may dismiss his deputies at any time with cause. Any law to the contrary notwithstanding, a jailer may appoint a deputy who resides outside the Commonwealth. The number of jail personnel shall be set by the fiscal court in the jail budget. The fiscal court shall establish education and training requirements as permitted by regulations adopted pursuant to KRS 441.055.

(3) (a) Before a jailer appoints a deputy jailer who resides outside of the Commonwealth, the jailer shall, in writing, certify that no qualified resident of Kentucky was available for the position of deputy jailer at the time the position was sought to be filled which justified the seeking of qualified applicants from outside of the Commonwealth.

(b) The jailer shall file a copy of the certification with the fiscal court of the county in which the jailer serves prior to appointing a deputy jailer who resides outside the Commonwealth. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 106, sec. 1, effective July 15, 2020. -- Amended 1992 Ky. Acts ch. 95, sec. 1, effective July 14, 1992; and ch. 262, sec. 4, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 19, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 114, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 385, sec. 28, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 172, effective June 17, 1978. -- Amended 1956 Ky. Acts ch. 95, sec. 1, effective May 18, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2237. Legislative Research Commission Note (7/14/92). This section was amended by 1992 Acts chs. 95 and 262 which are in conflict. Pursuant to KRS 446.250, Acts ch. 262 which was last enacted by the General Assembly prevails.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1958–2025 · leading case: Said v. Lackey, 731 S.W.2d 7 (Ky. Ct. App. 1987).
Said v. Lackey, 731 S.W.2d 7 (Ky. Ct. App. 1987). · cites it 7× “Sustaining appellees’ motion, the court based its decision on several factors, the first of which was the agreement of temporary employment which appellant signed.”
Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958). · cites it 3× “At that time KRS 71.060 provided that “any jailer may, with the approval of the county court, appoint one deputy” (our emphasis).”
Martin v. Osborne, 239 S.W.3d 90 (Ky. Ct. App. 2007). · cites it 2× “Martin first contends that the trial court erred when applying the standard set forth in KRS 71.060(2) for terminating a deputy jailer’s employment for cause, and by holding that the focus of the wrongful termination proceeding was Osborne’s “state of mind.”
Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997). · cites it 2× “It was the policy of the jail to rely on the search conducted by the arresting officer at the time of the arrest until the prisoner was booked and admitted into the jail.”
Rick Benningfield in His Off. Capacity as Taylor Cnty. Jailer v. Jerry Fields (Ky. 2019). · cites it 4× “That claim is listed as Count II in Fields’s initial complaint and allegedly arises under KRS 71.060 and other statutory law. In other words, the wrongful termination claim alleges that Fields was fired without cause, and there is no reference to KRS 342.”
Easley v. Cnty. of Warren, Kentucky (W.D. Ky. 2025). · cites it 2× “” Defendants omit reference to KRS 71.060(2), which states, in part, that “[t]he fiscal court shall establish education and training requirements” for jail employees “as permitted by regulations adopted pursuant to KRS 441.”
Brad A. Roberts v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “” KRS 71.060(1) provides that “[t]he jailer shall be liable on his official bond for the conduct of his deputies.”
Yocom ex rel. Burke v. Franklin Cnty. Fiscal Court, 551 S.W.2d 833 (Ky. Ct. App. 1977). “The Jailer of a county may under KRS 71.060 appoint two deputy jailers. Any additional deputy jailers must be approved by an appropriate order of the county court.”
Wilson ex rel. Bell Cnty. v. Ball, 323 S.W.2d 840 (Ky. Ct. App. 1959). “” Appellant, in his brief, has taken the position that the terms of the Salary Act do not apply to the facts in this case (we agree) and insists that under the law in effect prior to its enactment, and under KRS 71.”
— Ky. Rev. Stat. § 71.060(1) — 3 cases
Said v. Lackey, 731 S.W.2d 7 (Ky. Ct. App. 1987). “Sustaining appellees’ motion, the court based its decision on several factors, the first of which was the agreement of temporary employment which appellant signed.”
Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997). “It was the policy of the jail to rely on the search conducted by the arresting officer at the time of the arrest until the prisoner was booked and admitted into the jail.”
Brad A. Roberts v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “” KRS 71.060(1) provides that “[t]he jailer shall be liable on his official bond for the conduct of his deputies.”
— Ky. Rev. Stat. § 71.060(2) — 4 cases
Martin v. Osborne, 239 S.W.3d 90 (Ky. Ct. App. 2007). “Martin first contends that the trial court erred when applying the standard set forth in KRS 71.060(2) for terminating a deputy jailer’s employment for cause, and by holding that the focus of the wrongful termination proceeding was Osborne’s “state of mind.”
Said v. Lackey, 731 S.W.2d 7 (Ky. Ct. App. 1987). “Sustaining appellees’ motion, the court based its decision on several factors, the first of which was the agreement of temporary employment which appellant signed.”
Easley v. Cnty. of Warren, Kentucky (W.D. Ky. 2025). “” Defendants omit reference to KRS 71.060(2), which states, in part, that “[t]he fiscal court shall establish education and training requirements” for jail employees “as permitted by regulations adopted pursuant to KRS 441.”
Rick Benningfield in His Off. Capacity as Taylor Cnty. Jailer v. Jerry Fields (Ky. 2019). “That claim is listed as Count II in Fields’s initial complaint and allegedly arises under KRS 71.060 and other statutory law. In other words, the wrongful termination claim alleges that Fields was fired without cause, and there is no reference to KRS 342.”
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