Kentucky Statutes 441.560 – Transfer of prisoners for medical treatment
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(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) The department shall promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care.
(6) 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.
(7) 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.
(8) 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.
(2) 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.
Terms Used In Kentucky Statutes 441.560
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Corrections. See Kentucky Statutes 441.005
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Corrections. See Kentucky Statutes 441.005
- Holdover: means any jail housing prisoners for a maximum period of ninety-six (96) continuous hours and excluding times when a prisoner is released for a minimum of seven (7) hours for the purpose of working at his or her employment, attending an educational institution, or conducting other business pursuant to a court order, or when a prisoner is released for in court proceedings. See Kentucky Statutes 441.005
- Prisoner: means any person confined in jail pursuant to any code, ordinance, law, or statute of any unit of government and who is:
(a) Charged with or convicted of an offense. See Kentucky Statutes 441.005 - Regional jail: means a jail which is:
(a) Owned and operated by one (1) county and, on a regular basis, holds prisoners for another county or for the state. See Kentucky Statutes 441.005 - Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) 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.
(4) 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.
(5) The department shall promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care.
(6) 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.
(7) 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.
(8) 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.