Request By:
Mr. David H. Bland
Kentucky Jailers Association
McCowans Ferry Road
Versailles, Kentucky 40383
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question is: May the county jailer take bonds and charge a fee?
Under KRS 64.090, as amended by H.B. 440, 1982 regular session, Section 15, a sheriff may take any bond he is authorized or required to take in any action, and his fee is $5.00. The jailer's fee schedule under KRS 64.150 was repealed by Section 50 of H.B. 440, effective July 1, 1982. Under KRS 64. 150(3) the jailer's fee for other services (not described in KRS 64.150) performed by him called for the same fees paid to the sheriffs for like services.
Under RCr 4.24, it is there provided that "any other bonded public officer (other than the circuit clerk) may be authorized by the chief judge of the circuit court to take bail, but only if the clerk of the court is unavailable. " Thus since the jailer is a bonded public officer, the rule may be applied by the chief judge of the circuit court to the jailer, where the clerk of the court is unavailable.
KRS 30A.060(3) provides in part that additional public officers or employes (in addition to court clerk) may be authorized by rule or order of the Supreme Court to prepare and accept bail bonds to be taken by the clerk or for his clerk. Such bail bonds shall have the same validity as if prepared or taken by the clerk. Thus KRS 30A.060(3) confirms the authority assumed in RCr 4.24.
As to a fee or "costs" for such taking a bond, since the jailer would be taking bond, if at all, as a substitution for the court clerk, who is not available, the fee or "cost" set forth in KRS 431.530(3) would govern. Except where the defendant is found not guilty, etc., under KRS 431.530(5), if the conditions of the release have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to the defendant, unless the court orders otherwise, ninety percent (90%) of the bail money deposited and shall retain as "bail costs" ten percent (10%) of the amount deposited. However, in no event shall the amount retained by the clerk as bail costs or fee be less than $5.00.
Your second question is what happens to the "cost", since the jailer taking bond has no authority to exact a fee as such?
The jailer, taking bond under direction of the court, is really an officer of the court, and the costs or fees accrue to the accounts of the circuit clerk's office, subject to their being sent to the state treasury for credit to the general fund, pursuant to KRS 431.531. Cf. KRS 64.005 relating to a clerk's fee involving bonds. The more specific statute, KRS 431.530, governs over KRS 64.005.