Request By:
Mr. Frank H. McCartney
Fleming County Attorney
Courthouse
Flemingsburg, Kentucky 41041
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You request our opinion as to whether or not it is the jailer's responsibility to have the paperwork filled out for prisoners who are seen by physicians at hospitals to determine if they need emergency treatment that cannot be delayed, and which medical bills are subject to payment by the state if they are indigent.
It is at once apparent that the medical doctor may require data as to the precise status of the prisoner (the criminal charge placed against him, the place of incarceration, and the court he is answerable to, the medical symptoms, ailment or disease complained of, medical history, etc.). The court, in determining indigency of a prisoner under KRS 31.120, must consider such factors as income, property owned, outstanding obligations, and the number and ages of his dependents. In each case, the prisoner claiming indigency must certify by affidavit of indigency compiled by the pre-trial release officer, where practical, as provided under Chapter 431 and Supreme Court rules or orders promulgated pursuant thereto, such material factors relating to his ability to pay in such form as the Supreme Court prescribes.
Under KRS 441.010, medical care is given to such prisoners, provided that a licensed physician determines that medical care should not be delayed. The determination of whether such prisoners are indigent shall be made pursuant to KRS 31.120, as aforementioned.
Any prisoner data or paperwork that is necessary to get for the prisoners the attention and possibly medical care by a licensed physician is a responsibility of the jailer, or his staff, having proper custody of such prisoners. The same is true where the court, under KRS 31.120, requires certain paperwork relating to indigency. This administrative burden emerges out of the jailer's custodial duties outlined in KRS 71.020, 71.030, and 71.040. KRS 71.040 explicitly requires the jailer to treat the prisoners humanely. That humane treatment would include any necessary paperwork or assistance in paperwork in connection with their medical treatment and court determination of indigency.
Lamb v. Clark, 282 Ky. 167, 138 S.W.2d 350 (1940); and
Hall v. Midwest Bottled Gas Distributors, Inc., Ky., 532 S.W.2d 449 (1976).
Next, you ask about the responsibility of fiscal court to pay the jailer mileage to and from the doctor to get those forms filled out, etc. Such transportation costs should be paid out of the jail budget of the county budget. The fiscal court must provide for such necessary transportation by furnishing a county vehicle to the sheriff for such purpose or the jailer must pay for such transportation costs out of the jail budget of the county budget. See KRS 441.006 and 441.008.