2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.206 State contribution for jail -- Allocation -- Payments to be made annually -- Use of funds.
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441.206 State contribution for jail -- Allocation -- Payments to be made
annually -- Use of funds.
(1)
(2)
(3)
(4)
(5)
For the care and maintenance of prisoners charged with or convicted of
violations of state law, each county shall receive a contribution from the State
Treasury in an amount equal to that paid to the county pursuant to this section
in fiscal year 1983-84 or the amount that should have been paid to the county
in fiscal year 1983-84 under the conditions set forth in subsection (5) of this
section. Any additional moneys appropriated for county jails shall be allocated
on the basis of a formula comprised of the following factors:
(a) Sixty percent (60%) of the allocation shall be based on the amount of the
1983-84 funding formula each county received, or should have received
under the conditions set forth in subsection (5) of this section;
(b) Ten percent (10%) of the allocation shall be based on each county's
comparative ranking of median household income in inverse order, as
determined by the 1980 federal census of population; and
(c) Thirty percent (30%) of the allocation shall be based on the proportion of
each county's age at risk population (18-34) to the state total, as
determined by the 1980 federal census of population.
Payments of the state contribution for jail operating expenses shall be made
annually, no later than July 31 of each year, by the Department of Corrections
to the county treasurer. The election by a county to close its jail and to contract
with another county for the incarceration of prisoners, as permitted by KRS
441.025, shall not affect the state contribution provided for in subsection (1) of
this section.
All state funds paid to a county under this section, any funds paid to a county
by the United States government, a city, or another county for the incarceration
of prisoners and any interest earned on the funds shall be expended on the
incarceration of prisoners, as provided in KRS 441.025. Any funds paid under
subsection (1) of this section and any interest earned on the funds shall be
expended on the incarceration of prisoners, in accordance with regulations
promulgated pursuant to KRS 441.055, within twelve (12) months of the close
of the fiscal year in which the funds were received. Any funds received by a
county under subsection (1) of this section that are not expended for this
purpose shall be returned to the State Treasury.
A county shall not receive less than twenty-four thousand dollars ($24,000)
pursuant to this section from the State Treasury for the care and maintenance
of prisoners charged with or convicted of violations of state law.
If the capacity of a jail was substantially increased during the years 1980
through 1982 due to construction or renovation, and if, a result, the amount
paid to the county in fiscal year 1983-84 pursuant to this section and to 1982
Ky. Acts ch. 385, sec. 3, was not representative of the true jail population, then
the commissioner of the Department of Corrections may, upon proper
documentation by the county, permit an estimate of the current capacity of the
jail to be used as a basis for calculating the amount that should have been paid
to the county in fiscal year 1983-84. The estimate of current capacity shall be
used to calculate payments made pursuant to subsection (1) of this section
after July 14, 1992, but shall not be used to recalculate past payments.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 106, effective June 8, 2011. -Amended 1992 Ky. Acts ch. 211, sec. 122, effective July 14, 1992; and ch. 224,
sec. 1, effective July 14, 1992. -- Reenacted and amended 1984 Ky. Acts
ch. 415, sec. 1, effective July 13, 1984. --Created 1982 Ky. Acts ch. 385, sec. 3,
effective July 1, 1982.
Formerly codified as KRS 441.007.
Legislative Research Commission Note. This section was repealed by 1982 Ky.
Acts ch. 385, sec. 51, effective July 15, 1984. Thereafter, this repeal was
nullified by 1984 Ky. Acts ch. 415, sec. 20, effective July 13, 1984.
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