County Jailer
Ronnie Gabbard
Background
The Kentucky Constitutions of 1792 and 1799 did not refer to the office of jailer.Article VI, Section 1 of the 1850 version required each county to elect a jailer, and two
provisions of the present Constitution refer specifically to the office. Section 99 provides
for the election of a jailer in each county. Section 105 permits the legislature to
consolidate the offices of sheriff and jailer in any county, provided the office of sheriff is
retained and the jailer’s duties are assumed by the sheriff. This provision results from a
compromise between two factions of the 1890 Constitutional Convention: one wanting to
abolish the office of jailer and the other urging retention of the offices of sheriff and jailer.
The Kentucky constitutional provisions relating to the office of jailer are unique.
No other state constitution refers to jailers (Legislative). In most states, the sheriff or a
sheriff’s deputy would perform the duties of jailer.
Qualifications
A jailer’s qualifications are prescribed by constitutional provision. The jailer must
give bond as required by law, be at least 24 years of age, and have two years’ residence in
the state and a year in the county of candidacy. Before assuming
office, a jailer must take the oath prescribed by Section 228 of the Constitution and
execute bond before the judge/executive.
Each county jailer has custody, rule and charge of the county jail” and “all
persons in the jail”.
If there is a residence in the jail, either the jailer or one of the deputies may live in it.
The jail must be kept warm, clean, and free
from vile odors.
Prisoners confined in the jail must have sufficient bed clothing paid by
the county.
At the time of booking, the jailer must receive and keep in jail any person
committed to his or her custody until discharge, unless the prisoner needs emergency
medical attention, in which case, the arresting officer must obtain medical attention for
the prisoner prior to delivery to the jail.
The jailer must treat each prisoner humanely and furnish food and lodging.
If a prisoner dies, the jailer must deliver the body to friends, if requested, or have the person decently buried at the county’s expense.