2016 Kentucky Revised Statutes CHAPTER 197 - PENITENTIARIES .022 Personal attendance of state prisoner in civil action -- Transportation orders -- Payment of costs -- Participation of prisoner in action by alternative methods allowed.
Download as PDF
197.022 Personal attendance of state prisoner in civil action -- Transportation
orders -- Payment of costs -- Participation of prisoner in action by alternative
methods allowed.
(1)
(2)
(3)
(4)
(5)
Whenever a court finds the personal attendance of a state prisoner is necessary in a
civil action and orders the Justice and Public Safety Cabinet or its agent or any law
enforcement officer to transport a prisoner in connection with the civil action, the
party requesting that the state prisoner be transported to the hearing shall pay the
transportation cost, which shall include the estimated round trip cost, including the
state mileage rate and the estimated associated salary cost of correctional staff.
The court shall cause all transportation orders to be delivered to the warden or jailer
of the detention facility where the prisoner resides. As soon as practicable after the
receipt of the order, the warden or jailer shall notify the prisoner and the court of the
total transportation cost. If the payment is not received twenty-four (24) hours in
advance of the scheduled hearing, no transportation shall be provided, irrespective
of the order of the court commanding the Justice and Public Safety Cabinet or its
agent or other law enforcement officer to transport a prisoner.
To the extent practicable, any action concerning a prisoner in which the court has
determined that the prisoner's participation is required or permitted may be
conducted by telephone, video conference, or other telecommunications technology
without removing the prisoner from the facility in which the prisoner is confined.
The provisions of this section pertaining to payment of transportation costs shall not
apply to parties who have been determined by the court to be indigent within the
meaning of KRS Chapter 31 or other applicable law.
The Justice and Public Safety Cabinet shall promulgate an administrative regulation
or regulations governing this process.
Effective: June 26, 2007
History: Created 2007 Ky. Acts ch. 139, sec. 9, effective June 26, 2007.
Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to
the creation and organization of the Justice and Public Safety Cabinet, instructs the
Reviser of Statutes to correct statutory references to agencies and officers whose
names have been changed in that Act. 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.