Kentucky Statutes 70.045 – Special deputies
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(1) (a) The sheriff of a county with a population of ten thousand (10,000) or more may appoint and have sworn in and entered on the county clerk order book either:
1. One (1) special deputy for each two thousand five hundred (2,500)
residents or part thereof in his county; or
2. Up to a maximum of ten (10) special deputies, regardless of the population of the county;
to assist him with general law enforcement and maintenance of public order. (b) The sheriff of a county with a population of less than ten thousand (10,000)
may appoint and have sworn in and entered on the county clerk order book
one (1) special deputy for each one thousand (1,000) residents or part thereof in his county, to assist him with general law enforcement and maintenance of public order.
The population of the county shall be determined by the most recent count or estimate by the Federal Bureau of Census.
(2) The sheriff in each county may appoint and have sworn in, and entered on the county clerk order book, as many special deputies as needed to assist him in the execution of his duties and office in preparation for or during an emergency situation, such as fire, flood, tornado, storm, or other such emergency situations. For purposes of this section only, an emergency situation is a condition which, in the judgment of the sheriff, requires a response immediately necessary for the preservation of public peace, health or safety, utilizing special deputies previously appointed in preparation for the contingency.
(3) The special deputy shall:
(a) Be appointed and dismissed on the authority of the sheriff;
(b) Not receive any monetary compensation for his time or services;
(c) Serve at the request of the sheriff, unless personal conditions rule otherwise; (d) Be answerable to and under the supervision of the sheriff, who shall be
responsible for the actions of the special deputy; and
(e) Be appointed regardless of race, color, creed, or position.
(4) The position of special deputy as created and defined in subsections (1), (2), and (3)
is subject to the provisions of this section only.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 83, sec. 1, effective July 14, 2018. — Amended
2004 Ky. Acts ch. 140, sec. 2, effective July 13, 2004. — Amended 1990 Ky. Acts ch.
134, sec. 2, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 158, sec. 1, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 109, sec. 1, effective March
25, 1982. — Created 1976 Ky. Acts ch. 154, sec. 1.
1. One (1) special deputy for each two thousand five hundred (2,500)
Terms Used In Kentucky Statutes 70.045
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
residents or part thereof in his county; or
2. Up to a maximum of ten (10) special deputies, regardless of the population of the county;
to assist him with general law enforcement and maintenance of public order. (b) The sheriff of a county with a population of less than ten thousand (10,000)
may appoint and have sworn in and entered on the county clerk order book
one (1) special deputy for each one thousand (1,000) residents or part thereof in his county, to assist him with general law enforcement and maintenance of public order.
The population of the county shall be determined by the most recent count or estimate by the Federal Bureau of Census.
(2) The sheriff in each county may appoint and have sworn in, and entered on the county clerk order book, as many special deputies as needed to assist him in the execution of his duties and office in preparation for or during an emergency situation, such as fire, flood, tornado, storm, or other such emergency situations. For purposes of this section only, an emergency situation is a condition which, in the judgment of the sheriff, requires a response immediately necessary for the preservation of public peace, health or safety, utilizing special deputies previously appointed in preparation for the contingency.
(3) The special deputy shall:
(a) Be appointed and dismissed on the authority of the sheriff;
(b) Not receive any monetary compensation for his time or services;
(c) Serve at the request of the sheriff, unless personal conditions rule otherwise; (d) Be answerable to and under the supervision of the sheriff, who shall be
responsible for the actions of the special deputy; and
(e) Be appointed regardless of race, color, creed, or position.
(4) The position of special deputy as created and defined in subsections (1), (2), and (3)
is subject to the provisions of this section only.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 83, sec. 1, effective July 14, 2018. — Amended
2004 Ky. Acts ch. 140, sec. 2, effective July 13, 2004. — Amended 1990 Ky. Acts ch.
134, sec. 2, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 158, sec. 1, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 109, sec. 1, effective March
25, 1982. — Created 1976 Ky. Acts ch. 154, sec. 1.