Printable Format19-1916. Prisoner sent to jail of nearest county with space and means to care for such prisoner. Any committing judge of the district court of any county where there is no sufficient jail may order any person whom they may lawfully order to be committed to prison to be sent to the jail of the nearest county that has sufficient space and means to care for the inmate as determined by the sheriff or keeper of the jail of such nearest county. The sheriff of such nearest county shall, on exhibit of the order of such judge that contains a statement that there is no sufficient jail in such judge's county, receive and keep in custody in the jail of such sheriff's county the prisoner ordered to be committed, at the expense of the county from which such person was sent. The sheriff of the county ordering commitment is responsible for transportation of the prisoner.
History: G.S. 1868, ch. 53, § 16; L. 1876, ch. 85, § 1; R.S. 1923, 19-1916; L. 1976, ch. 145, § 76; L. 2023, ch. 83, § 8; July 1.
Attorney General's Opinions:
Secretary of corrections; costs of maintenance of offender pending transfer to department of corrections. 90-96.
County jails; compensation from cities for maintenance. 91-85.
Driving under the influence of alcohol or drugs; sentencing. 92-2.
Prohibition against certain local and private prisons. 94-27.
Closing of county jail; compensation for prisoners in alternate facilities. 94-158.
Role of sheriff involved in taking custody of person wanted by another state; taking custody on property of federal prison; payment of costs; authority of requesting state. 96-6.
Sheriff must accept city prisoner taken to county jail but not responsible if taken directly to medical facility. 2007-39.
CASE ANNOTATIONS
1. Liability as between counties for mileage and expense. County of Osborne v. Honn, 23 Kan. 257, 258.
2. County committing prisoner held liable for sheriff's fees. Finney County v. Gray County, 8 Kan. App. 745, 746, 54 P. 1100.
3. Section cited in determining duty of county to maintain jail. Norton v. Simms, 85 Kan. 822, 824, 118 P. 1071.
4. Discussed; where indigent defendant arrested and subsequently charged with state law violation, medical expenses as consequence thereof chargeable to county. Wesley Med. Center v. City of Wichita, 237 Kan. 807, 814, 815, 703 P.2d 818 (1985).