2019 Kentucky Revised Statutes Chapter 439 - Probation and parole 439.179 Release of misdemeanants -- Purposes for which permitted -- Earnings of prisoner, records, and disposition -- Authority of District Judge, jailer.
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439.179 Release of misdemeanants -- Purposes for which permitted -- Earnings of
prisoner, records, and disposition -- Authority of District Judge, jailer.
(1)
(2)
(3)
(4)
(5)
Any person sentenced to a jail for a misdemeanor, nonpayment of a fine or
forfeiture, or contempt of court, may be granted the privilege of leaving the jail
during necessary and reasonable hours for any of the following purposes:
(a) Seeking employment; or
(b) Working at his employment; or
(c) Conducting his own business or other self-employment occupation including,
in the case of a woman, housekeeping and attending the needs of her family;
or
(d) Attendance at an educational institution; or
(e) Medical treatment.
Unless the privilege is expressly granted by the court, the prisoner shall be
sentenced to ordinary confinement. The prisoner may petition the sentencing court
for the privilege at the time of sentence or thereafter, and, in the discretion of the
sentencing court, may renew his petition. The sentencing court may withdraw the
privilege at any time by order entered with or without notice. The jailer shall advise
the court in establishing criteria in determining a prisoner's eligibility for work
release.
The jailer shall notify the Department of Workforce Investment, which shall
endeavor to secure employment for unemployed prisoners under this section. If a
prisoner is employed for wages or salary, they shall, by wage assignment, be turned
over to the District Court which shall deposit the same in a trust checking account
and shall keep a ledger showing the status of the account of each prisoner. The
wages or salary shall not be subject to garnishment of either the employer or the
District Court during the prisoner's term, and shall be disbursed only as provided in
this section. For tax purposes they shall be the income of the prisoner.
Every prisoner gainfully employed shall be liable for the cost of his board in the jail,
for an amount up to twenty-five percent (25%) of the prisoner's gross daily wages,
not to exceed forty dollars ($40) per day, but not less than twelve dollars ($12) per
day, established by the fiscal court of a county or the urban-county council if an
urban-county government. If he defaults, his privilege under this section shall be
automatically forfeited. All moneys shall be paid directly to the jailer and paid to
the county treasury for use on the jail as provided in KRS 441.206. The fiscal court
of a county or the urban-county council if an urban-county government may, by
ordinance, provide that the county furnish or pay for the transportation of prisoners
employed under this section to and from the place of employment and require that
the costs be repaid by the prisoner.
The sentencing court may order the defendant's employer to deduct from the
defendant's wages or salary payments for the following purposes:
(a) The board of the prisoner and transportation costs incurred by the county;
(b) Support of the prisoner's dependents, if any;
(c)
(6)
(7)
(8)
(9)
Payment, either in full or ratably, of the prisoner's obligations acknowledged
by him in writing or which have been reduced to judgment; and
(d) The balance, if any, to the prisoner upon his discharge.
The sentencing court shall not direct that any payment authorized under this section
be paid through the circuit clerk.
The Department of Corrections shall, at the request of the District Judge, investigate
and report on the amount necessary for the support of the prisoner's dependents, and
periodically review the prisoner's progress while on leave from the jail and report its
findings to the District Judge.
The jailer may refuse to permit the prisoner to exercise his privilege to leave the jail
as provided in subsection (1) for any breach of discipline or other violation of jail
regulations for a period not to exceed five (5) days.
In counties containing an urban-county form of government, the duties,
responsibilities, and obligations vested herein in the Department of Corrections
shall be performed by the adult misdemeanant probation and work release agency of
the urban-county government.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 146, sec. 74, effective June 27, 2019. -- Amended
2006 Ky. Acts ch. 211, sec. 165, effective July 12, 2006. -- Amended 2002 Ky. Acts
ch. 183, sec. 26, effective August 1, 2002. -- Amended 1996 Ky. Acts ch. 45, sec. 3,
effective July 15, 1996; and ch. 271, sec. 27, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 211, sec. 89, effective July 14, 1992; and ch. 368, sec. 1, effective
July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 36, effective July 15, 1982;
and ch. 385, sec. 37, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 188, sec.
300, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 200, sec. 10, effective
June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 447,
effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14); and
ch. 74, Art. VI, sec. 106. -- Created 1972 Ky. Acts ch. 295, sec. 1.
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