Download as PDF
441.560 Transfer of prisoners for medical treatment.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
When a prisoner in a jail, regional jail, or holdover is injured, is or becomes sick
or ill, or requires specialized medical care or long-term medical care which is
not available at the local jail, the jailer or other person in charge of the jail,
regional jail, or holdover may request that the commissioner of the department,
or the commissioner's designee in writing, transfer the prisoner to a facility
operated by the department or under contract to the department for the
provision of necessary medical treatment and care.
The commissioner, or the commissioner's designee in writing, may authorize
the transfer of the prisoner to a facility operated by the department or under
contract to the department for the length of time necessary to secure medical
treatment and care for the prisoner. Following medical care and treatment the
prisoner shall be returned to the jail, regional jail, or holdover.
If the commissioner or the commissioner's designee, in writing, authorizes the
transfer of the prisoner to a facility operated by the department or under
contract to the department, then the department shall pay:
(a) The costs of transfer to and from the department's facilities;
(b) The room, board, and related costs for the prisoner while the prisoner is
in the custody of the department; and
(c) The costs for medical care, treatment, medicines, and supplies for the
prisoner while the prisoner is in the custody of the department.
The department shall have no legal duty to transfer any prisoner to the
department for medical treatment and care. The decision of the commissioner
or the commissioner's designee, in writing, whether or not to accept a prisoner
for transfer to the department shall be subject to appeal to the secretary of
justice and public safety.
The department shall promulgate administrative regulations relating to the
transfer of prisoners to the department for medical treatment and care.
When a prisoner is transferred to the department for medical care and
treatment, the jailer or other person in charge of the jail, regional jail, or
holdover shall notify the following persons of the reason for the transfer, the
fact of the transfer, and the general reasons for the transfer:
(a) The prisoner's next of kin;
(b) The prisoner's attorney of record;
(c) The Commonwealth's attorney or county attorney, as appropriate; and
(d) The Chief Circuit Judge or Chief District Judge, as appropriate.
When a prisoner is returned to the jail, regional jail, or holdover by the
department, the jailer or other person in charge of the jail, regional jail, or
holdover shall notify the persons specified in subsection (6) of this section of
the prisoner's return.
The department's costs of providing care, drugs, medications, travel, and all
other expenses authorized by this section shall be a necessary governmental
expense.
Effective:June 26, 2007
History: Created 2007 Ky. Acts ch. 128, sec. 2, effective June 26, 2007.
Legislative Research Commission Note (6/26/07). 2007 Ky. Acts chs. 24, 47, and
85 instruct the Reviser of Statutes to correct statutory references to agencies
and officers whose names have been changed in 2007 legislation confirming the
reorganization of the executive branch. Such a correction has been made in this
section.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.