Request By:
Mr. Grady Johnson
Carroll County Jailer
110 Court Street
Carrollton, Kentucky 41008
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Carroll County Jail is closed and Carroll County prisoners are housed in the city jail. As jailer, you do not act as transportation officer for county prisoners.
Apparently, under KRS 441.006, as presently written, the fiscal court has contracted with the city for the detention of county prisoners. Under KRS 441.500, as presently written, where a county contracts with another county for the incarceration of its prisoners, the jailer of the county of trial is responsible for transporting prisoners to and from the county where the prisoners are incarcerated, except as otherwise agreed by contract. See KRS 441.500(3). Even though that subsection is broad enough in intent to cover detention contracts with a city, we assume here that the city agreed to provide any necessary transportation of such prisoners.
The fiscal court, as of June 5, 1984, assigned you, as jailer, certain duties. Your letter reads in part:
At the June 5, 1984 fiscal court meeting the fiscal court assigned me duties as custodian of the courthouse grounds, custodian and groundskeeper of the Carroll County Road Building near Prestonville; supervisor of the entire grounds at the Carroll County Park and Bailiff of the District and Circuit Courts effective 7-1-84. The Carroll County Road Building near Prestonville and the Carroll County Park are not located within the city limits of the county seat of Carroll County.
"The District and Circuit Courts meet each Tuesday and Thursday and it would be impossible for me alone to act as Bailiff and also custodian of the courthouse grounds, the Roads Building and as supervisor of the County Park grounds.
"Please advise me as to what I have to do under HB 310 which is effective 7-13-84."
House Bill 310 (1984 session) amends KRS 441.500 (effective July 13, 1984) by providing that in any county where there is no jail or the county operates a holdover jail, the fiscal court must adopt a transportation plan which establishes a party responsible for transporting prisoners as necessary: (a) The fiscal court may require the jailer to serve as transportation officer, responsible for transporting prisoners as necessary; or (b) The fiscal court may require the sheriff to serve as transportation officer, responsible for transporting prisoners as necessary; or (c) The fiscal court may adopt any reasonable transportation plan so long as the party responsible for transporting prisoners is specified. In any county where there is no jail and the jailer does not transport prisoners, the jailer shall serve as a bailiff to the circuit and district courts of the county, as provided in KRS 71.050, as amended by the bill. The fiscal court may also require the jailer to serve as custodian of county buildings and grounds, as provided for in KRS 67.130.
Assuming that the fiscal court decides to not designate you as transportation officer, as of July 13, 1984, under the explicit language of KRS 441.500, as amended by H.B. 310, the jailer is by statute required to serve as bailiff to the circuit and district courts of your county, as provided in KRS 71.050, as amended by the bill. In addition, the fiscal court may, under KRS 67.130, require the jailer to serve as custodian of county buildings and grounds, provided that such property custodian duties do not conflict with your role as court bailiff. Under the statutory provisions, the bailiff function has the priority. Any legal dispute between you and the county concerning a conflict with your bailiff function would have to be resolved by the courts. Our interpretation of KRS 441.500, as amended by H.B. 310, 1984, is based upon the literal wording of the statute. Bailey v. Reeves, Ky., 662 S.W.2d 832 (1984).