Jones v. Clark County
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The Supreme Court reversed the trial court's order of summary judgment determining that a county jail may both retain monies collected from a prisoner and further bill the same prisoner for the cost of his confinement after the charges against him have been dropped, holding that the trial court and court of appeals erred in their interpretation of Ky. Rev. Stat. 441.265.
At the time of his release, Appellant owed the Clark County Detention Center (CCDC) $4,009 in fees. Thereafter, the criminal charges against Appellant were dismissed without prejudice. Appellant later filed a class action complaint claiming that section 441.265 did not permit the CCDC to bill him for the cost of his confinement when all charges against him had been dismissed. The trial court granted summary judgment in favor of the CCDC, concluding that section 441.265 permitted the CCDC to assess the fees and that no provision of the Kentucky Constitution had been violated. The court of appeals affirmed. The Supreme Court reversed, holding that the CCDC violated section 441.265 because the billing and collecting of fees assessed by the CCDC cannot be carried out without the order of a sentencing court.
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