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19-811. Charge and custody of jail; liability for acts. The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable.

History: G.S. 1868, ch. 25, ยง 105; October 31; R.S. 1923, 19-811.

Attorney General's Opinions:

County commissioners; control of expenditures. 80-69.

Detention of suspected parole violators. 80-227.

Charge and custody of jail; prisoners' meals. 81-190.

Jails; calendar (roster). 86-8.

Physician-patient privileged communication; inmates; physician justified in notifying officials when necessary to protect health of other inmates. 87-139.

Transfer of budget items from sheriff's office to district court; court expenses payable by counties. 93-136.

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.

County may create position of (prisoner) transport officer in county department of corrections. 96-69.

Sheriff required to comply with court order requiring prisoner to serve sentence other than consecutive days. 2001-55.

County sheriff's power to hire assistants to run county jail or to utilize services of county dispatch employees. 2006-11.

Sheriff must accept city prisoner taken to county jail but not responsible if taken directly to medical facility. 2007-39.

Sheriff may charge cities for the costs of incarcerating prisoners jailed on municipal charges in an amount equal to the costs of incarceration of county prisoners. 2012-10.

CASE ANNOTATIONS

1. Commissioners not liable for services to prisoners in another county. Comm'rs of Smith Co. v. Comm'rs of Osborne Co., 29 Kan. 72, 75.

2. County liable to sheriff for necessary repairs and supplies; compensation and allowances; sheriff entitled to fee for attendance upon probate court. Norton v. Simms, 85 Kan. 822, 827, 828, 118 P. 1071.

3. Surrender of accused may be made to any general deputy. Campbell v. Reno County, 97 Kan. 68, 71, 72, 154 P. 257.

4. Section cited in determining liability of city for mob violence in county jail. Berberick v. City of Topeka, 119 Kan. 552, 554, 240 P. 968.

5. Cited in ousting sheriff for mistreatment of prisoners. State, ex rel., v. Jackson, 139 Kan. 744, 752, 33 P.2d 118.

6. Sheriff entitled to fee for attending jail although deputy acts as jailer. Day v. Cowley County Comm'rs, 146 Kan. 492, 496, 71 P.2d 871.

7. Wrongful death; prisoner killed in jail by gas. Bukaty v. Berglund, 179 Kan. 259, 267, 294 P.2d 228.

8. Mentioned; signing of complaint by deputy sheriff held unofficial act. Libby v. Schmidt, 179 Kan. 683, 687, 298 P.2d 298.

9. Mentioned; permitting prisoner to remain at home unattended grounds for ouster of sheriff. State, ex rel., v. Robinson, 193 Kan. 480, 483, 394 P.2d 48.

10. Sheriff may place reasonable restrictions on prisoners' visitors. Robinson v. State, 198 Kan. 543, 546, 426 P.2d 95.

11. Section cited; county liable for the medical services rendered an injured prisoner. Mt. Carmel Medical Center v. Board of County Commissioners, 1 Kan. App. 2d 374, 379, 566 P.2d 384.

12. Mentioned in discussion regarding whether consent judgment stripped sheriff of responsibility for jail. Woodson v. Sully, 801 F. Supp. 466, 467, 469 (1992).

13. Whether prosecution based on defendant's refusal to submit to fingerprinting violated due process examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1562 (1993).

14. Law in Kansas is clear that the sheriff is the official in charge of county jail. Meyer v. Nava, 518 F. Supp. 2d 1279, 1287 (2007).

15. Statute does not waive 11 th amendment immunity in section 1983 actions by prisoners in federal courts. Hunter v. Young, 238 Fed. Appx. 336, 338 (2007).


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