How long does the state of kentucky have to hold an inmate for another county

Asked over 2 years ago - Dry Ridge, KY

My husband served his time out in the county he is now. He has a holder for another county. He served out of the county he is in now on the 26th and the other county has not come to pick him up.

Attorney answers (1)

  1. Frank Mascagni III

    Contributor Level 20

    Answered . In general one county has the right to hold a defendant if there is an outstanding criminal charge in another county. There are 120 counties in the Commonwealth of KY. It is common for one county to be notified by another county that they have an interest in a defendant being held out of county. The requesting county sends a "HOLD/HOLDER/DETAINER" to hold that person from being released because they want to come pick him up before being released to transport to the requesting county to answer charges pending there. Ususally ther is a Fugitive warrant issued and served on the defendant. KRS 440.010-440.990 covers fugities and extradiction:
    § 440.270. Person charged with crime in other state may be arrested in this state - Procedure - Warrant required.


    Kentucky Statutes
    Title 40. CRIMES AND PUNISHMENTS
    Chapter 440. ESCAPES, FUGITIVES FROM JUSTICE, AND EXTRADITION
    Uniform Criminal Extradition Act

    Current through Chapter 106, Regular Session 2011



    § 440.270. Person charged with crime in other state may be arrested in this state - Procedure - Warrant required

    (1) Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under KRS 440.210,with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under KRS 440.210,has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the Circuit or District Judge of the county in which he was arrested who may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
    (2) No bail bondsman or his agent shall arrest, detain, imprison, or remove from the state any person for having broken the terms of his bail unless a warrant for that person's arrest has been issued as provided for in subsection (1) of this section.
    (3) Any violation of subsection (2) of this section shall be deemed as a Class D felony and punishable thereas.
    History. Effective: January 2, 1978
    Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 454, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 95, §1 . -- Created 1960 Ky. Acts ch. 135, §14 , effective June 16, 1960.

    KRS 440.290 requires action within 30 days; KRS 440.301 allows another 60 days if the baccused is not arrested under the Governor's warrant; there appears to be a maximum of 90 days total for the District Court to act: Pappas vs.Gilpin, (Ky. App. 2002) 78 S.W. 3rd 753.

    You need to hire counsel to review the matter and either waive extradiction (if that is the defendant's desire) or to make a mtion to dismiss the fugitive charge as being untimely or ask that a bail bond be set to allow the defendant to be released to answer to the out of county charges.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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