UNOFFICIAL COPY AS OF 01/10/06 06 REG. SESS. 06 RS BR 1009
AN ACT relating to the funding and operation of local jails and making an appropriation therefor.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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BR100900.100-1009
UNOFFICIAL COPY AS OF 01/10/06 06 REG. SESS. 06 RS BR 1009
SECTION 1. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO READ AS FOLLOWS:
The provisions of this section shall apply to payments made to counties for the housing and care of prisoners beginning in the fiscal year specified in each subsection of this section. All payments made to counties under this section shall be used for incarceration costs.
(1) For the care and maintenance of state prisoners housed in county jails under KRS 431.215(2) or 532.100(6), each county shall receive:
(a) For fiscal year 2006-2007, a per diem payment of thirty-two dollars and fifty-one cents ($32.51) per qualifying prisoner per day;
(b) For fiscal year 2007-2008, a per diem payment of thirty-four dollars and fifty-one cents ($34.51) per qualifying prisoner per day; and
(c) For fiscal year 2008-2009 and each fiscal year thereafter until the state assumes full responsibility for the housing of prisoners, the per diem rate from the prior year shall be adjusted on an annual basis each July 1, by an amount equal to the percent increase in the nonseasonally adjusted annual average Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) most recent calendar years available, as published by the United States Bureau of Labor Statistics. The adjusted rate shall be paid per qualifying prisoner per day.
The per deim amounts set forth in this section do not include any amount for excess medical expenses or inmate labor.
(2) For the care and maintenance of prisoners charged with or convicted of violations of state law, each county jail shall receive, in addition to the amount received under KRS 441.206, the following amounts, of which one-twelfth (1/12) shall be distributed each month along with the monthly payment required by KRS 441.206(2):
(a) For fiscal year 2006-2007, twenty thousand dollars ($20,000);
(b) For fiscal year 2007-2008, forty thousand dollars ($40,000); and
(c) For fiscal year 2008-2009 and each fiscal year thereafter until the state assumes full responsibility for the housing of prisoners, the additional amount distributed from the prior year shall be adjusted on an annual basis each July 1, by an amount equal to the percent increase in the nonseasonally adjusted annual average Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) most recent calendar years available, as published by the United States Bureau of Labor Statistics.
(3) (a) In addition to the medical allotment provided by KRS 441.045, each county shall receive the following amounts, of which one-half (1/2) shall be distributed semiannually, for medical costs incurred in providing medical care for prisoners:
1. For fiscal year 2006-2007, ten thousand dollars ($10,000);
2. For fiscal year 2007-2008, twenty thousand dollars ($20,000); and
3. For fiscal year 2008-2009, the additional amount distributed in fiscal year 2007-2008 shall be adjusted effective July 1, 2008, by an amount equal to the percent increase in the nonseasonally adjusted annual average Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) most recent calendar years available, as published by the United States Bureau of Labor Statistics.
(b) In addition to the medical allotment provided for in KRS 441.045 and the funding provided for in paragraph (a) of this subsection, additional appropriations are made as follows for the purpose of reimbursing counties for catastrophic medical claims pursuant to KRS 441.045(11):
1. In fiscal year 2006-2007, seven hundred fifty thousand dollars ($750,000); and
2. In fiscal year 2007-2008, one million five hundred thousand dollars ($1,500,000).
(c) Beginning July 1, 2009, the state shall reimburse counties for all medical costs incurred by the counties in providing medical care for state prisoners.
(4) Beginning July 1, 2009, the state shall reimburse counties an amount equal to fifty percent (50%) of the per diem rate established by subsection (1) of this section, for prisoners held in county jails that have had time served in a county jail credited to a sentence pursuant to KRS 532.120(3) or (4). The county shall be reimbursed for each day of credited time that was served in the county jail.
SECTION 2. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO READ AS FOLLOWS:
(1) On or before July 1, 2009, those counties operating jails that have elected not to hold state prisoners pursuant to KRS 441.055(2), known as "life safety jails," shall close their jails and shall contract with one (1) or more counties operating a jail under the provisions of KRS 441.055(1), known as "full-service jails," to house their prisoners. All prisoners shall be transferred from life safety jails on or before July 1, 2009.
(2) Beginning July 1, 2010, the state shall assume full responsibility for housing all prisoners. All county jails shall become a part of the state system. However, jailers shall continue to be locally elected.
Section 3. KRS 441.245 is amended to read as follows:
(1) A[The] jailer who operates a full-service jail shall receive a monthly salary pursuant to any salary schedule in KRS Chapter 64 applicable to jailers operating a full service jail from the county jail operating budget.
(2) (a) Any[No] jailer holding office in the Commonwealth on or after July 1, 2007[January 6, 1999], shall receive an annual salary of at least twenty-five thousand dollars ($25,000). Any jailer holding office in the Commonwealth on or after July 1, 2009, shall receive an annual salary of at least thirty thousand dollars ($30,000).
(b) Beginning July 1, 2009, and each fiscal year thereafter, the Department for Local Government shall, on an annual basis each July 1, adjust the salary of a jailer elected in a county that does not have a jail by an amount equal to the percent increase in the nonseasonally adjusted annual average Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, between the two (2) most recent calendar years available, as published by the United States Bureau of Labor Statistics[less than twenty thousand dollars ($20,000)].
(3) The salaries of jailers who are not subject to any salary schedule in KRS Chapter 64 may be set at a higher level if the salary does not exceed the constitutional salary limit applicable to jailers. These jailers' salaries shall at least equal the prior year's level and may be adjusted by the fiscal court for the change in the prior year's consumer price index according to the provisions of KRS 64.527.
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BR100900.100-1009