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441.540 Prisoner transferred to penitentiary when violence threatened -Officer's compensation.
If there exists threatened violence or intense feeling and public indignation against a
person charged with a crime and in the custody of an officer, and the Circuit Judge
of the county that has jurisdiction of the offense charged is of the opinion that the
person cannot be safely kept in the jail in that county, the Circuit Judge, with the
consent of the Governor, may order such person removed for safekeeping to the
state penitentiary most convenient to the county having jurisdiction of the offense
charged. In the absence of the Circuit Judge from the county, the District Judge of
the county may exercise the powers conferred by this section upon the Circuit
Judge. The officer who makes the removal shall be entitled to the actual expenses in
making the removal, and in addition he shall receive a fee of five dollars ($5) per day
for himself and two and one-half dollars ($2.50) per day each for not more than two
(2) guards. The claim for fees and expenses shall be presented for approval to the
Circuit Court of the county having jurisdiction of the offense. The compensation shall
be allowed by the Circuit or District Judge directing the transfer and paid out of the
treasury of the responsible unit of government.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 4, effective
January 1, 1978; and ch. 14, sec. 459, effective January 2, 1978. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2240a-1.
Formerly codified as KRS 441.050.
Legislative Research Commission Note. This section was amended by two Acts
of the 1976 Extraordinary Session of the General Assembly which do not appear
to be in conflict and have been compiled together.
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