Riley, 123020 KYAGO, AGO OAG 20-18

Docket Nº:AGO OAG 20-18
Case Date:December 30, 2020
Court:Kentucky
 
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John Riley, Spencer County Judge Executive
AGO OAG 20-18
No. OAG 20-18
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
December 30, 2020
         Subject: Whether, under KRS 70.280, court security officers may transport newly arrested prisoners from the Spencer County Sheriff's office or Taylorsville police department to the jail in Shelbyville.          Requested by: John Riley Spencer County Judge Executive          Written by: Brett R. Nolan Charles A. English Assistant Attorneys General          Syllabus: Under the facts presented, the Spencer County Sheriff may appoint court security officers to assist in transporting newly arrested prisoners from the Sheriff's office or Taylorsville police department to the jail in Shelbyville.          OPINION OF THE ATTORNEY GENERAL          John Riley, Spencer County Judge Executive, asks for this Office's opinion on whether KRS 70.280 allows court security officers to transport newly arrested prisoners from the Sheriff's office or Taylorsville police department to the jail in Shelbyville. For the reasons that follow, the Attorney General concludes that the Spencer County Sheriff, if designated as the transportation officer under KRS 441.510(4)(c), may appoint court security officers to assist in transporting newly arrested prisoners from the Sheriff's office or Taylorsville police department to the jail in Shelbyville.          Background.          Spencer County does not have a jail, which means that KRS 441.510(4) governs prisoner transport. Under KRS 441.510(4), the fiscal court must adopt a transportation plan that "establishes the party responsible for transporting prisoners as necessary." Id. The fiscal court can require that the jailer or sheriff serve as the transportation officer, see KRS 441.510(4)(a), (b), or it can "adopt any reasonable transportation plan so long as the party responsible for transporting prisoners is specified," KRS 441.510(4)(c). According to Spencer County Attorney Kenneth S. Jones, the Spencer County Fiscal Court adopted a transportation plan designating the sheriff as the transportation...

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