501 KAR 7:070. Safety; emergency procedures

Link to law: http://www.lrc.ky.gov/kar/501/007/070reg.htm
Published: 2015

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:
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