Request By:
Mr. Sherman Dean, Jr.
Jessamine County Judge Executive
Courthouse
Nicholasville, Kentucky 40356
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
In your recent letter you raise a number of questions about H.B. 440 (1982 Regular Session) relating to county jails.
Your letter reads:
Please advise what the responsibility of a county is as to House Bill 440 and other Kentucky law relating to jails. What is the county's responsibility as to feeding and dieting prisoners? Who determines the type, kind and amount of purchases (including food, bed supplies, cleaning supplies, etc.) for the jail? What obligation does the county have as to providing living quarters for the jailer at the jail facility? Are the living quarters at the jail to be provided free of charge to the jailer without any payment of rent in addition to the salary required by law? Does the fiscal court have the authority to limit jail expenditures except as to the jailer's salary?
The "jail" is the county jail under KRS 441.005, as amended by H.B. 440 (1982 regular session) . The fiscal court under KRS 441.006 (eff. 7-1-82) is required to maintain a county jail for the incarceration of prisoners arrested in the county or sentenced or held by order of the courts in the county. Under KRS 441.006, either the fiscal court must maintain a jail in the county or contract with another county or city for the incarceration and care of its prisoners and providing for the transportation of prisoners, including provision of vehicles, drivers and guards. See also KRS 65.210 to 65.300. This county responsibility extends to feeding and dieting such prisoners as above described. The state provides a contribution to such jail operational costs under KRS 441.007 (eff. 7-1-82).
You ask who determines the type, kind and amount of purchases (including food, bed supplies, cleaning supplies, etc.) for the jail?
We think that is a joint responsibility of the jailer and fiscal court. The jailer is immediately responsible for the program of necessary purchases, but after consultation and approval of fiscal court, since it is the funding agency, as explained hereinafter.
Under KRS 441.008 (eff. 6-15-82), the fiscal court, by July 1, 1982, and by May 1 of each year thereafter in consultation with the jailer, must adopt an operating budget for the jail, which shall provide for the expenditure of all state, county and other funds for jail operations.
Under KRS 441.008(2), the county treasurer shall disburse jail operating funds at the direction of the jailer, provided the expenditures are within authorized budget categories, and shall keep books of accounts of all receipts and disbursements and make such reports as are required by the State Local Finance Officer.
The jailer's salary, payable from the county jail operating budget, is covered in KRS 441.009 (eff. 7-1-82). Jailers holding office on July 1, 1982, shall be entitled to a level of compensation in calendar year 1982 equal to the compensation of the jailer in calendar year 1981 as adjusted for change in the Consumer Price Index during calendar year 1981 or $12,000, whichever is greater. The salary can in no case exceed the rubber dollar limit for the year under KRS 64.527.
You ask: What obligation does the county have as to providing living quarters at the jail facility?
Under KRS 71.020, as amended by H.B. 440, Section 27, where the jail admits the residence of the same therein, the jailer or one of his deputies may reside in the jail. It is not mandatory for the jailer or deputy to live in the jail.
This question was raised: Are the living quarters at the jail to be provided free of charge to the jailer without any payment of rent in addition to salary?
KRS 71.020, as amended, contains no provision that the jailer, if permitted (or deputy) to live in the jail, pay rent. The jailer's or deputy's living in the jail would simply be a special benefit arising out of the jail function.
The final question: Does the fiscal court have the authority to limit jail expenditures except as to the jailer's salary?
The fixing of the jail operating budget, as an integral part of the county budget, must take into consideration an adequate estimate of number of prisoners, food, space, transportation, salaries, and all other necessary jail operating costs. The budget must meet the basic formulated jail needs, within the funding capability in terms of county financing and state or other contributions. Of course, the minimal requirements as to the jailer's salary in KRS 441.009, must be observed.
As to the overall county budget, see KRS 68.250, 68.260, 68.270, and 68.300.