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 <br>person charged with a crime and in the custody of an officer, and the Circuit Judge of the <br>county that has jurisdiction of the offense charged is of the opinion that the person cannot <br>be safely kept in the jail in that county, the Circuit Judge, with the consent of the <br>Governor, may order such person removed for safekeeping to the state penitentiary most <br>convenient to the county having jurisdiction of the offense charged. In the absence of the <br>Circuit Judge from the county, the District Judge of the county may exercise the powers <br>conferred by this section upon the Circuit Judge. The officer who makes the removal shall <br>be entitled to the actual expenses in making the removal, and in addition he shall receive <br>a fee of five dollars ($5) per day for himself and two and one-half dollars ($2.50) per day <br>each for not more than two (2) guards. The claim for fees and expenses shall be presented <br>for approval to the Circuit Court of the county having jurisdiction of the offense. The <br>compensation shall be allowed by the Circuit or District Judge directing the transfer and <br>paid out of the treasury of the responsible unit of government.
Effective: January 2, 1978 <br>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 <br>ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2240a-1.
Formerly codified as KRS 441.050. <br>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 <br>conflict and have been compiled together.
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