There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 441 JAILS AND COUNTY PRISONERS
441.265 Required reimbursement by prisoner of costs of confinement -- Local policy of fee and expense rates -- Billing and collection methods.
Download pdfthis section, except for good cause shown. (2) (a) The jailer may adopt, with the approval of the county's governing body, a prisoner fee and expense reimbursement policy, which may include, but not be
limited to, the following:
1. An administrative processing or booking fee; 2. A per diem for room and board of not more than fifty dollars ($50) per
day or the actual per diem cost, whichever is less, for the entire period of
time the prisoner is confined to the jail; 3. Actual charges for medical and dental treatment; and 4. Reimbursement for county property damaged or any injury caused by the
prisoner while confined to the jail. (b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the
jail to pay, giving consideration to any legal obligation of the prisoner to
support a spouse, minor children, or other dependents. The prisoner's interest
in any jointly owned property and the income, assets, earnings, or other
property owned by the prisoner's spouse or family shall not be used to
determine a prisoner's ability to pay. (3) The jailer or his designee may bill and attempt to collect any amount owed which remains unpaid. The governing body of the county may, upon the advice of the
jailer, contract with one (1) or more public agencies or private vendors to perform
this billing and collection. Within twelve (12) months after the date of the prisoner's
release from confinement, the county attorney, jailer, or the jailer's designee, may
file a civil action to seek reimbursement from that prisoner for any amount owed
which remains unpaid. (4) Any fees or reimbursement received under this section shall be forwarded to the county treasurer for placement in the jail's budget. (5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical
treatment or service received by the prisoner. However, no prisoner confined in the
jail shall be denied any necessary medical care because of inability to pay. (6) Payment of any required fees may be automatically deducted from the prisoner's property or canteen account. If the prisoner has no funds in his account, a deduction
may be made creating a negative balance. If funds become available or if the
prisoner reenters the jail at a later date, the fees may be deducted from the prisoner's
property or canteen account. (7) Prior to the prisoner's release, the jailer or his designee may work with the confined prisoner to create a reimbursement plan to be implemented upon the prisoner's
release. At the end of the prisoner's incarceration, the prisoner shall be presented Page 2 of 2 with a billing statement produced by the jailer or designee. After the prisoner's
release, the jailer or his designee may, after negotiation with the prisoner, release
the prisoner from all or part of the prisoner's repayment obligation if the jailer
believes that the prisoner will be unable to pay the full amount due. (8) No per diem shall be charged to any prisoner who is required to pay a work release fee pursuant to KRS 439.179, a prisoner that has been ordered to pay a
reimbursement fee by the court pursuant to KRS 534.045, or that the Department of
Corrections is financially responsible for housing. (9) No medical reimbursement, except that provided for in KRS 441.045, shall be charged to any prisoner that the Department of Corrections is financially
responsible for housing. Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 537, sec. 1, effective July 14, 2000.
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