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KRS 441.125

Working of prisoners at community-service-related projects -- Written policy -- Prisoner's status not employment

Applied in 3 court decisions — leading case Rowan County v. Sloas (2006)

Most recently applied in Commonwealth v. Russell (June 2019)

Effective: July 14, 2018 History: Amended 2018 Ky

How often courts cite this section

20062010201910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) (a) As used in this section, "community-service-related project" means a project involving work for:

1. The Commonwealth or an agency of the Commonwealth;

2. A county, urban-county, charter county, city, special district, or an agency of any of these entities; or 3. A nonprofit, charitable, or service organization in projects that serve a public purpose.

(b) Work on a community-service-related project shall not confer private benefit on a person except as may be incidental to the public benefit.

(2) Each jailer shall write a policy governing prisoners working on community-service- related projects, which shall be submitted to the fiscal court for approval. The written policy shall state at a minimum:

(a) Which type of prisoner, if any, shall be assigned to which type of work, taking into account the physical and mental abilities of prisoners and security of the jail and the general public;

(b) That no prisoner shall be assigned to unduly hazardous work that would endanger the life or health of the prisoner or others; and (c) That any prisoner may, for a valid medical reason, decline to work on community-service-related projects. No prisoner shall be punished or otherwise penalized for this refusal.

(3) A prisoner shall not begin work on a particular community-service-related project without the approval of the director of the relevant entity referred to in subsection (1)(a) of this section, or the director's designee.

(4) Participation in community-service-related projects shall not be deemed employment for any purpose, and a prisoner shall not be deemed an employee or agent of the entity for which he or she performs the community service work.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.