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19-1903. Sheriff to keep jail; separation of each sex, definitions; meals and medical care for prisoners. (a) The sheriff of the county, or such sheriff's deputy, shall:

(1) Keep the jail and be responsible for the manner in which the jail is kept;

(2) keep separate rooms for each sex, female and male; and

(3) supply proper food, drink and medical care for the prisoners.

(b) As used in this section, "sex" means an individual's biological sex, either male or female, at birth. A "female" is an individual whose biological reproductive system is developed to produce ova, and a "male" is an individual whose biological reproductive system is developed to fertilize the ova of a female.

History: G.S. 1868, ch. 53, § 3; R.S. 1923, 19-1903; L. 2023, ch. 83, § 3; July 1.

Attorney General's Opinions:

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

Jails; ministers to have access to jail; "Minister" defined. 83-68.

District court may not preclude sheriff from transferring inmate to another jail. 95-70.

Operation of county jail by county department of corrections; liability of sheriff. 97-51.

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. The sheriff, and not deputy, entitled to compensation for supplies. Atchison County v. Tomlinson, 9 Kan. 167, 175.

2. Sheriff is not entitled to extra compensation for supplying prisoners. Comm'rs of Republic Co. v. Kindt, 16 Kan. 157, 158.

3. County liable to sheriff for board of prisoners. Hendricks v. Comm'rs of Chautauqua Co., 35 Kan. 483, 485, 11 P. 4.

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

5. Provisions of section read into sheriff's bond whether in actual bond or not. Farmer v. Rutherford, 136 Kan. 298, 304, 15 P.2d 474.

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

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

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

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


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