Use of profits from jail canteen.

[LOGO] COMMONWEALTH OF KENTUCKY OFFICE OF THE ATTORNEY GENERAL ANDY BESHEAR ATTORNEY GENERAL OAG 18-008 CAPITOL BUILDING, SUITE 118 700 CAPITOL AVENUE FRANKFORT, KY 40601 (502) 696-5300 FAX: (502) 564-2894 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 unamended version of KRS 441.135, dated 2007, remains on the Legislative Research Commission’s website as of this writing. http://www.lrc.ky.gov/statutes/statute.aspx?id=19318 (last visited June 18, 2018). An Equal Opportunity Employer M/F/D NumGoesHere Page 2 (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 within 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. (Emphasis added). Mr. Williamson proposes that security cameras in the jail would enhance the safety and security of the inmates. It is a reasonable assumption that closer monitoring of jail facilities would improve inmate safety and security. See, e.g., McCallister v. Riley, 2016 WL 3136278 (Ky. App. June 3, 2016) (review denied and ordered not to be published, December 8, 2016) (inmate sued jail officials for failure to protect him from another inmate with "known propensity for assaultive behavior"). Accordingly, it is our opinion that jail security cameras are a proper subject for expenditure of canteen account funds under KRS 441.135 as amended in 2018. Andy Beshear Attorney General James M. Herrick James M. Herrick Assistant Attorney General