AN ACT relating to jails and correctional facilities.
Summary
SB302 amends Kentucky law governing the temporary transfer of a criminal defendant from a county jail to a state penitentiary for safekeeping when there is threatened violence, intense public feeling, or concern that the person cannot be safely held in the local jail. The bill preserves the existing authority of a Circuit Judge, with the Governor’s consent, to order the removal of the person to the most convenient state penitentiary. It also retains the ability of a District Judge to act when the Circuit Judge is absent from the county.
The bill further clarifies the compensation process for the officer who carries out the transfer. It specifies that the officer is entitled to actual expenses, a $5 per day fee for the officer, and $2.50 per day for up to two guards. It also clarifies that the claim for fees and expenses must be approved by the court with jurisdiction over the offense and paid by the responsible unit of government.
Impact
SB302 would make targeted revisions to KRS 441.540, the statute governing safekeeping transfers of accused persons from county jails to state penitentiaries. The practical effect is to preserve and clarify the legal process for moving detainees when local detention is deemed unsafe, while also refining how transfer-related costs are approved and paid. The bill affects circuit and district judges, sheriffs or other transporting officers, county or other responsible government units, and incarcerated persons awaiting trial who may be subject to transfer for security reasons.
Sentiment
Based on the bill text and available legislative history, the measure appears largely procedural and administrative, with no recorded committee debate or votes indicating controversy. The bill’s purpose is narrow and operational, suggesting a generally neutral or routine legislative posture. The absence of transcripts or recorded opposition implies that it was treated as a technical correction or clarification rather than a major policy change.
Contention
The main potential point of contention is the continued use of state penitentiaries for pretrial safekeeping, which raises questions about detainee placement, local jail safety, and the balance between county and state responsibilities. Another possible issue is the allocation of costs to the responsible unit of government and the compensation paid to officers and guards, though the bill itself does not indicate any dispute over those provisions. No specific opposing viewpoints or amendments are reflected in the available record.