COMMONWEALTH OF ) SS: IN THE FULTON CIRCUIT COURT

KENTUCKY )
COUNTY OF FULTON

BARRY W. RAYNER, )
)
PETITIONER )
)
vs. )
)
RICKY PARNELL, JAILER )
FULTON COUNTY DETENTION CENTER )
)
RESPONDANTS ) Case No. _____________________

PETITION FOR WRIT OF HABEAS CORPUS

COMES NOW the Petitioner Barry W. Rayner, pro se (hereinafter Petitioner), pursuant

to KRS 419.020, et seq., and files this writ of habeas corpus and in support states as follows:

1. Petitioner Barry W. Rayner, since February 19, 2016, is imprisoned or otherwise

restrained at Fulton County Detention by Ricky Parnell, Jailer.

2. This petition seeks to correct an illegal order of confinement relating to the

manner in which the sentence the confined person has been received and carried

out.

3. Petitioner avers that in exchange for his guilty plea on December 18, 2015 he

agreed to be sentenced for a C Felony to five (5) years confinement and that he

would then be committed to the custody of the corrections cabinet for the term of

his sentence and until released in accordance with the law.

4. However, the Petitioner has not been committed and transported in accordance to

the law. He was subsequently transported pursuant to the “controlled intake

policy” and initially, illegally transported to Todd County on January 01, 2016.

5. Petitioner avers he was only transferred to Fulton County Detention Center as a

 retaliatory measure by the Todd County Jailer for complaining about his illegal

detention and lack of legal material or facility to access the courts to initiate a

habeas proceeding.

6. In addition, both county jailers in the above referenced counties have prevented

the Petitioner to pursue an ongoing civil rights action Petitioner initiated in the

United States District Court, Northern District of Georgia, Case #1:15-CV-501-

CAP–AJB.

7. Petitioner avers that when he complained about his illegal detention and requested

access to legal books or a law library he was quickly and illegally transferred to

the Fulton County Detention Center, where there are no beds for incoming

inmates.

8. Petitioner further avers that the conditions at the Fulton County Detention center

are overcrowded and intolerable. Inmates are required to sleep on the floor and he

has observed black mold in his pod and has trouble breathing.

9. Petitioner avers there are no beds available for incoming inmates. This causes a

violently charged atmosphere with inmates forced to buy or strong-arm beds from

other inmates.

10. Petitioner avers that his confinement in the Fulton County Detention Center

violates State law. Pursuant to KRS 532.100 (4)(c) 1. – Place of imprisonment, it

states that the only time a class C can be committed to a county jail is if they have

been classified with community custody and if beds are available.

11. Pursuant to KRS 532.100(7)”

“State prisoners, excluding the Class D felons and Class C felons

 qualifying to serve time in county jails, shall be transferred to the state

institution within forty-five (45) days of final sentencing.”

12. The only way the State can carry out the statutory mandate according to the law

and determine if the Petitioner qualified to serve time in a county jail, he must be

assessed at the Assessment and Classification Center (“ACC”).

13. Petitioner avers he is a serving a sentence for a Class C felony and has not been

assessed or transferred to the ACC to determine if he is even qualified to serve his

time in a county jail. Petitioner has been illegally detained for five (5) months

without being assessed, supposedly on the grounds of space availability.

“It is intolerable that any state prisoner, regardless of space availability,

should be refused an order compelling transfer into the state penal system

beyond forty-five days…” Campbell City v Ky Corrections Cabinet , 762

S.W.2d 6 (1988)

14. Since as far back as 1988:

“[t]he adequacy of the Corrections Cabinet’s controlled intake policy [has

been] in dispute, as was the Corrections Cabinets’ refusal to come to the

county jails and undertake an assessment and classification procedure to

determine which prisoner should be transferred immediately into waiting

minimum security beds.”

15. Petitioner avers that the both Federal and Kentucky courts have effectively

declared Kentucky Corrections “controlled intake” policy illegal because it

facilitates evasion of the law: “…through the controlled intake policy the

Corrections Cabinet has ‘refused to timely accept convicted felons as required by

 law.’ ” (see Campbell City, Supra at 13, citing Tate v. Frey, 735 F.2d 986 (6th Cir.

1984)

16. Petitioner has been extremely prejudiced by the continued implementation of this

controlled intake policy. When Petitioner receives all his jail time credit he will be

eligible to appear before for the parole board. However, the Corrections Cabinet

concedes that any “…rehabilitation programs, which the parole board considers

essential before parole, are not available in county jails”. (see Campbell City,

Supra at 13)

17. In Campbell City v Ky. Corr., supra, the Kentucky Court of Appeals, citing the

United States 6th Circuit Court of Appeals and Tate v Frey, 735 F.2d 986, agreed

as early as 1984 that the Corrections Cabinet’s controlled intake policy or

procedure is in fact the very mechanism relied on by the Department of

Corrections to violate the law by refusing to timely accept convicted felons as

required by law” 735 F.2d at 989 (6th Cir. 1984). The Court also stated:

“…the responsibility to provide for the confinement of convicted felons

rests upon the state...[KRS]§532.100 provides that convicted persons be

committed to the state for incarceration.” Id.

18. Petitioner avers that there is no ambiguity in the statutory language to justify the

Petitioner’s continued imprisonment in the Fulton County Detention Center.

19. Pursuant to KRS 532.100 (7) “State prisoners, excluding the Class D felons and

Class C felons qualifying to serve time in county jails, shall be transferred to the

state institution within forty -five (45) days of final sentencing.

20. Petitioner avers he has been held beyond 45 days. The decision was not based on
 law or regulations and not transferred to a state institution according to law,

Instead Petitioner was transferred based on an arbitrary decision by rogue state

and local government officials, colluding to violate both criminal and regulatory

laws.

21. KRS Chapter 197, styled "Penitentiaries," provides for the care and custody of

convicted felons who are to be confined in "state penal institution." KRS 197.065

provides for "Classification and segregation of prisoners in penal institutions

[and] Transfer between institutions," all of which is the responsibility of the

Corrections Cabinet. It is by reason of these statutes that judgments entered upon

conviction for felonies, rather than specify a particular state penal institution,

simply order that the sentence shall be carried out by delivering the prisoner into

the custody of the Department of Corrections.

22. Petition avers approximately 100 inmates are being held illegally in the Fulton

County Detention Center, while the state refuses to asses and classify inmates.

23. Petitioner avers, since at least 1984, Kentucky law, as well as the Kentucky

Corr.’s Policy and Procedure of placing prisoners in one of several custody levels

(e.g., maximum, close, medium, and minimum, community, etc.) is being ignored,

threatening the safety of both inmates and staff. (See Ky. Corr. Policies and

Procedure, #18.5, Custody and Security Guidelines, effective August, 06, 2012)

24. Petitioner avers that he has been severely prejudiced by the illegal practices of the

Ky. Corrections, as he is unable to access or avail himself any rehabilitation

programs, work credit or educational credit which impacts parole eligibility.

25. Petitioner avers that pursuant to the Kentucky Parole Board Policy and Procedure,
 institutional adjustment, including work and program involvement is an important

factor in considering his parole eligibility.

26. Petitioner avers that the Ky. Corrections excuses their violation of the law by

arguing it is due to overcrowding in the prisons.

27. Petitioner avers the controlled intake policy effectively denies the Petitioner the

opportunity of any chance at rehabilitation which exacerbates the problem of

overcrowding and recidivism.

28. Petitioner avers that Ky. Correction’s controlled intake policy results in a circular

argument regarding overcrowding in prisons and a corrections policy that

negatively impacts parole consideration, which effectively exacerbates the

overcrowding it attempts to address.

29. Petitioner avers that there is no mechanism in Kentucky law that authorizes the

continued detention in Fulton County Detention Center or to be transferred by

county officials to various county jails, which can reasonably and articulably

construed as kidnapping.

30. KRS 509.040 (1)(d), states :

“A person is guilty of kidnapping when he unlawfully restrains

another person and when his intent is: (d) To interfere with the

performance of a governmental or political function;” (Emphasis Added)

31. The intent to interfere with governmental function by Ky. Correction officials

and other agents acting under color of law is readily apparent. Both state and

federal courts have created precedents and pronouncements that the controlled

intake policy is illegal. Therefore, the illegal restraint in a county jail without
 assessment is intentional conduct carried out by rogue elements of the state and

county government.

32. The Kentucky Legislature, in its legislative wisdom, has mandated performance

of a specific governmental function, i.e., that inmates convicted of a felony are to

“…be transferred to the state institution within forty-five (45) days of final

sentencing.

33. The Ky. Corr. controlled intake policy, which apparent purpose is to interfere

with the above referenced governmental function of transferring inmates to state

prison in violation KRS 509.040, Kidnapping; a class B felony if released

unharmed and; a class A felony if Petitioner is injured in the process.

34. Petitioner avers every county official and member of Ky. Corr. that facilitates or

aids in this act of kidnapping is guilty of criminal conspiracy as defined at KRS

§506.040 Criminal conspiracy and/or KRS §506.080 Criminal facilitation.

35. Petitioner avers that both Todd County and Fulton County detention centers

impose booking fees every time he is transferred to one facility to the other.

36. Petitioner avers neither Fulton County or Todd County adequately feeds the

inmates, feeding them only twice per day, forcing inmates to purchase food from

the detention center’s contract commissary vendors which exact intolerable

processing fees which also benefits the jailers and county treasury.

37. Petitioner avers that the illegal detention of the Petitioner to benefit the pockets or

treasury of the county government or county jailer also violates KRS 509.040

(1)(d), “Kidnapping”, if the person is being held for a reward, such as those fees

exacted by vendors are shared at all with the local government and officials as a
 form of ransom.

38. Petitioner avers that regardless of the availability of beds in the state penal

system, the Constitution, statutes, Rules of Criminal Procedure, and court orders

of commitment, separately and collectively require the state to take custody and

responsibility for the care of these convicted felons within a reasonable time and

that time has long past.

39. WHEREFORE Petitioner prays this Court issue a Writ for Release from illegal

detention forthwith and without delay.

_______________________
Barry W. Rayner
c/o
Fulton County Detention Center
2010 South 7th Street
Hickman, KY 42050
 CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing was served via U.S.

CERTIFIED MAIL postage prepaid, this _____day of __________ , 2016, by certified mailing

same to:

Ricky Parnell, Jailer.

c/o
Fulton County Detention Center
2010 South 7th Street
Hickman, KY 42050

_______________________
Barry W. Rayner
c/o
Fulton County Detention Center
2010 South 7th Street
Hickman, KY