JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:070. Safety; emergency procedures.
RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires
the Department of Corrections to promulgate administrative regulations
establishing minimum standards for jails that house state prisoners. This
administrative regulation establishes safety and emergency procedures to be
followed in restricted custody centers.
Section 1. Policy and Procedure. (1) Each center shall have
a written policy and procedure that specifies fire prevention practices to
provide for the safety of prisoners, visitors, and jail employees. The policy
shall include:
(a) A fire emergency planning session for jail employees at
least quarterly;
(b) Maintaining written documentation of the fire planning
session including evacuation, fire drills, and other procedures covered during
this session;
(c) A fire safety inspection by the department at least once
a year;
(d) Inspection and testing of fire protection equipment by a
qualified person at least annually with visual inspections by jail personnel
monthly;
(e) All restricted custody centers shall be tobacco free
facilities; and
(f) An evacuation plan coordinated with local fire officials
and approved by the department.
(2) Each center shall have written policy and procedures for
emergency situations including:
(a) Escape;
(b) Hostage taking;
(c) Riot;
(d) Food poisoning;
(e) Civil disturbance in the community;
(f) Natural disaster;
(g) Suicide;
(h) Other death and disorder; and
(i) Mass evacuation disaster plan.
Section 2. Physical Plant. (1) The center shall comply with
the Kentucky Building Code, incorporated by reference in 815 KAR 7:120. An
existing center for which approval has been granted may continue without
change, except if a significant alteration, addition, or change of occupancy
occurs.
(2) Each exit shall be:
(a) Distinctly and permanently marked;
(b) Visible at all times;
(c) Kept clear; and
(d) Maintained in usable condition.
(3) Each center shall have equipment necessary to maintain
essential lights, power, HVAC, and communications in an emergency situation or
shall initiate procedures outlined in their emergency plan.
(4) Each center shall have a fire alarm and smoke detection
system.
(5) Each area shall have an automatic fire extinguishing
system[a fire-suppression system].
The
Jail Standards Review Advisory Commission established pursuant to KRS
441.055(1)(b) has reviewed changes for this administrative regulation in
compliance with KRS 13A.120(3) and 13A.220(6)(a).
LADONNA
H. THOMPSON, Commissioner
PAULA
F. HOLDEN, Designee of the Chairman of the Jail Standards Review Advisory
Commission
APPROVED
BY AGENCY: October 14, 2015
FILED
WITH LRC: October 23, 2015 at noon
PUBLIC
HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this
administrative regulation shall be held on December 21, 2015 at 9:00 a.m. in
the at the Justice and Public Safety Cabinet, Office of Legal Services, 125
Holmes Street, 2nd Floor, Frankfort, Kentucky 40601. Individuals interested in
being heard at this hearing shall notify this agency in writing five workdays
prior to the hearing of their intent to attend. If no notification of intent to
attend the hearing is received by that date, the hearing may be canceled. This
hearing is open to the public. Any person who wishes to be heard will be given
an opportunity to comment on the proposed administrative regulation. A transcript
of the public hearing will not be made unless a written request for a
transcript is made. If you do not wish to be heard at the public hearing, you
may submit written comments on the proposed administrative regulation. Written
comments shall be accepted until the close of business, January 4, 2016. Send
written notification of intent to be heard at the public hearing or written
comments on the proposed administrative regulation to the contact person.
CONTACT
PERSON: Amy V. Barker, Assistant General Counsel, Department of Justice
& Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone
(502) 564-3279, fax (502) 564-6686.
REGULATORY IMPACT ANALYSIS AND
TIERING STATEMENT
Contact Person: Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does: This
administrative regulation establishes safety and emergency
procedures to be followed in restricted custody centers.
(b) The necessity of this administrative
regulation: To conform to the requirements of KRS 441.055.
(c) How this administrative regulation conforms to
the content of the authorizing statues: It establishes safety
and emergency procedures to be followed in restricted custody centers
as required by KRS 441.055.
(d) How this administrative regulation currently
assists or will assist in the effective administration of the statutes: It
establishes minimum standards to be followed for safety and
emergencies in restricted custody centers.
(2) If this is an amendment to an existing
administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing
administrative regulation: It eliminates the requirement for a backup generator
if the facility has an emergency evacuation plan in place and clarifies the
requirement for a fire extinguishing system.
(b) The necessity of the amendment to this
administrative regulation: It revises the minimum standards as part of the
standard review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of
the authorizing statutes: The amendment adopts the Jails Standards Review
Advisory Commission’s recommendations and revises the standards
as part of the standard review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective
administration of the statutes: It updates the minimum safety
and emergency standards for restricted custody centers.
(3) List the type and number of individuals,
businesses, organizations, or state and local governments affected by this
administrative regulation: This affects approximately 45
restricted custody centers (20 are in separate buildings apart from the jails
and 25 are attached to the jails) and their staff, approximately 50 Department
of Corrections employees, including 14 Local Facilities staff, and approximately
2,378 inmates.
(4)
Provide an analysis of how the entities identified in question (3) will be
impacted by either the implementation of this administrative regulation, if
new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated
entities identified in question (3) will have to take to comply with this
administrative regulation or amendment: The jails will have to apply the new
requirements in their operations.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): No additional cost is anticipated.
(c) As a result of compliance, what benefits will
accrue to the entities identified in question (3): The jails will have an
alternative to a generator being in place.
(5) Provide an estimate of how much it will cost
to implement this administrative regulation:
(a) Initially: No cost is anticipated.
(b) On a continuing basis: No cost is anticipated.
(6) What is the source of funding to be used for
the implementation and enforcement of this administrative regulation? State
budgeted funds for the Department of Corrections and county budgeted funds for
jail operating expenses.
(7) Provide an assessment of whether an increase
in fees or funding will be necessary to implement this administrative
regulation, if new, or by the change, if it is an amendment: No increase in
fees or funding are anticipated.
(8) State whether or not this administrative
regulation establishes any fees or directly or indirectly increases any fees:
No fees are established or increased.
(9) TIERING: Is tiering applied? No. The standards
apply equally to all restricted custody centers.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1)
What units, parts, or divisions of state or local government (including cities,
counties, fire departments, or school districts) will be impacted by this
administrative regulation? The Department of Corrections and restricted custody
centers.
(2)
Identify each state or federal statute or federal regulation that requires or
authorizes the action taken by the administrative regulation. KRS 441.055.
(3)
Estimate the effect of this administrative regulation on the expenditures and
revenues of a state or local government agency (including cities, counties,
fire departments, or school districts) for the first full year the
administrative regulation is to be in effect.
(a)
How much revenue will this administrative regulation generate for the state or
local government (including cities, counties, fire departments, or school
districts) for the first year? No revenue is generated by this administrative
regulation.
(b)
How much revenue will this administrative regulation generate for the state or
local government (including cities, counties, fire departments, or school
districts) for subsequent years? No revenue is generated by this administrative
regulation.
(c)
How much will it cost to administer this program for the first year? For fiscal
year 2015, the department paid the local jails approximately $100 million for
the housing, transportation, and medical care of state inmates. Full service
jails receive the largest portion of this funding. Plus, the department paid
approximately $1,020,000 in staff salaries and administrative costs. The jails
will have some staff and administrative costs, but this program is a source of
revenue for them.
(d)
How much will it cost to administer this program for subsequent years? Approximately
the same as in (c).
Note:
If specific dollar estimates cannot be determined, provide a brief narrative to
explain the fiscal impact of the administrative regulation.
Revenues
(+/-):
Expenditures
(+/-):
Other
Explanation:
