Request By:
Mr. David H. Bland
Executive Director
Kentucky Jailer's Association
McCowans Ferry Road
Versailles, Kentucky 40383
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
By this time there should be no city jails in Kentucky. The present statutes, when read in pari materia (together), support the view that there should be only county jails in existence.
You have some residual questions:
"By what authority may a county and/or a city operate a city jail in addition to an operating county jail? (ref. OAG 79-188, 78-539)?"
As we said in OAG 79-188, the city jail, in view of changes in the judicial system, is an anachronism. The express repeal of KRS 26.480 indicates that under the new judicial system there would be no need for a city jail. The definition of "jail" as including a city jail in KRS 441.005 and 441.410 is an oversight. It will not be presumed that the legislature did a vain or foolish thing.
County Board of Education v. Fiscal Court, 221 Ky. 106, 298 S.W. 185 (1927) 187.
The answer to your question is that there is no valid reason to support the operation of a city jail at this time. We know of no authority which would permit the operation of a city jail.
The next question reads:
"2. If there is an operating county jail and a city jail is opened, what is the elected jailer's authority and responsibility relative to the city jail: staff, physical conditions of the jail, treatment of prisoners, etc.?"
The county jailer is only responsible for operating the county jail. See KRS 71.020. He is not required to worry about the illegal maintenance of a city jail, prior to the time that the legislature removes any reference to city jails from the statutes. There is nothing in the law making an illegal city jail a branch or agency of the county jail.
Question No. 3 reads:
"If the operation of a city jail in addition to the operating county jail is determined legal, must all the fees be reported through the elected jailer and what rights does the elected jailer have against the county obligating all or most of the fees for the cost of operating the "jail extension" thus leaving no funds for the jailer's salary?"
Under our analysis, and unless the legislature expressly legitimizes the one city jail now operating in Kentucky (we understand there is only one), city jails are not legal and should be abandoned. Under the present statutes, and in the absence of some clarifying decision of the appellate courts, this is the only answer we can give.