It’s a multi-million dollar lawsuit against the state. Judge-executives say they just want to be reimbursed for the money they're spending on inmates who have not been sentenced.

Letcher County Judge-Executive Jim Ward says operating the Letcher County Jail costs more than $1 million a year.

“I really don't believe that people realize how expensive it is, you know, you've got inmates down there seven days a week, 24 hours a day,” Letcher County Judge-Executive Jim Ward said.

It’s 24/7 of food, clothing, medical care, utilities and their biggest expense, personnel, all on the county's tab.

“We want to draw attention to start the dialog between the counties and the state and the general assembly that we need help with our jails,” Ward said.

The Kentucky County Judge-Executive Association has a resolution to sue the state for around $45 million spent on inmates who are housed before their sentencing.

“If the inmates get credit for time served why shouldn't we credit for time served and paid back to us,” Ward said.

“Sometimes you house them up to two years before they get sentenced, so if they will back up and pay for the entire time of the incarceration it will help a great deal with feeding them and housing them and paying for their medical care that whole time,” Letcher County Chief Deputy Jailer Don McCall said.

Judge Ward says that's money that could be used for county needs.

“That would be money that we could use on a lot of different use. That’s money for recreation, money for general funds, roads,” Ward said.

McCall and Ward say overcrowding is another wallet buster. Some county fiscal courts plan to vote on the resolution for the lawsuit throughout the month.

It’s on the docket for Perry County September 16th, and it's already passed in 103 counties across the Commonwealth.