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...
