§ 57-95 — Delivery of sentenced person by sheriff or detention center

- Receipts. A. Any person convicted of an offense against the laws of this state and sentenced to imprisonment that is not to be served in a county jail shall be transported by the sheriff of the county where the person is sentenced, or transported by a designated representative of the sheriff, to the Department of Corrections at the Lexington Assessment and Reception Center or other location designated by the Director of the Department of Corrections. B. Any person convicted of an offense against the laws of this state and sentenced to imprisonment that is not to be served in a county jail and who is not housed in a county jail shall be transported by the detention center, or transported by a designated representative of the detention center, to the Department of Corrections at the Lexington Assessment and Reception Center or other location designated by the Director of the Department of Corrections. C. The sheriff shall deliver the person to the Department at such center together with: 1. A certified copy of the judgment and sentence from the court ordering such imprisonment, unless the judgment and sentence previously has been sent electronically by an authorized clerk of the court; 2. A certificate setting forth the number of days served in the county jail after the pronouncement of judgment and rendering of sentence for the offenses committed; 3. A copy of any medical, dental, or mental health records of the defendant for conditions reviewed or treated while in the custody of the sheriff; 4. Any medication or medical or dental device prescribed for the defendant while in the custody of the sheriff or for a preexisting condition; and 5. A copy of the presentence investigation report, if a report was prepared. D. The Department of Corrections shall give the sheriff a receipt for each person received into the custody of the Department. The receipt shall be filed by the sheriff in the office of the clerk of the court where the sentence was made. E. The Department of Corrections shall reimburse the transporting agency as follows: 1. Mileage from the county sheriff's office to the appropriate reception center and back to the county sheriff's office; and 2. Hourly wage reimbursement for the transporting officer for the hours of transport travel and time spent at the reception center based on the transporting officer's normal hourly wage. Reimbursement shall not exceed Thirty Dollars ($30.00) an hour per officer. Documentation of the officer's hourly wage shall accompany all reimbursement requests to the Department. The Department of Corrections shall have the authority to promulgate rules and forms for the reimbursement procedures provided in this section. The Department of Corrections shall submit a quarterly report to the Chair of the Senate Appropriations Committee and Chair of the House of Representatives Appropriations and Budget Committee.

Legislative History

Added by Laws 1969, c. 137, § 1, emerg. eff. April 9, 1969. Amended by Laws 1978, c. 13, § 2, emerg. eff. Feb. 14, 1978; Laws 1979, c. 221, § 14, emerg. eff. May 30, 1979; Laws 1997, c. 328, § 2; Laws 1998, c. 89, § 4, eff. July 1, 1998; Laws 1999, c. 51, § 4, eff. July 1, 1999; Laws 2004, c. 239, § 4, eff. July 1, 2004; Laws 2006, c. 294, § 4, eff. July 1, 2006; Laws 2019, c. 309, § 1, emerg. eff. May 7, 2019. NOTE: Laws 1997, c. 133, § 23 repealed by Laws 1999, c. 51, § 5, eff. July 1, 1999 and by Laws 1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999.