Williamson, 061818 KYAGO, AGO OAG 18-8

• Case Date: June 18, 2018
• Court: Kentucky

Kyle W. Williamson, LaRue County Attorney AGO OAG 18-8 No. OAG 18-008 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General June 18, 2018          Subject: Use of profits from jail canteen          Requested by: Kyle W. Williamson, LaRue County Attorney:          Written by: James M. Herrick, Assistant Attorney General          Syllabus: Purchasing security cameras for the safety and protection of inmates is an allowable expenditure from jail canteen funds.          Statute construed: KRS 441.135           OPINION OF THE ATTORNEY GENERAL          LaRue County Attorney Kyle W. Williamson has requested an opinion from this office concerning, the interpretation of KRS 441.135. Specifically, he asks whether funds derived from a jail canteen may be used "to purchase security cameras within the jail for the safety and protection of the inmates."          This is a corrected opinion that supersedes the prior version issued on June 14, 2018, due to an error in the cited version of KRS 441.135. The General Assembly amended this statute during its 2018 Regular Session through House Bill 92, which became effective on March 3, 2018, without the Governor's signature because of an emergency clause providing that it should take effect immediately.^[1] As amended, KRS 441.135 provides in pertinent part as follows:

(1) The jailer may maintain a canteen for the benefit of prisoners lodged in the jail and may assign such jail employees and prisoners to operate the canteen as are necessary for efficient operation.

(2) All profits from the canteen shall be used:

(a) for the benefit and to enhance the well-being of the prisoners; or

(b) To enhance safety and security itrithin the jail.

The jailer shall keep books of accounts of all receipts and disbursements from the canteen and shall annually report to the county treasurer on the canteen account.

(3) Allowable expenditures from a canteen account shall include but not be limited to recreational, vocational, and medical purposes.

...