JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 3:070. 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 local full-service jails.
Section 1. Policy and Procedure. (1) Each jail 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
the 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 employees
monthly;
(e) All county jails that house state prisoners shall be
tobacco free facilities; and
(f) An evacuation plan coordinated with local fire officials
and approved by the department.(2) Each jail 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) Each jail shall comply with
the Kentucky Building Code, incorporated by reference in 815 KAR 7:120. An
existing jail 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 jail shall have equipment necessary to maintain
essential lights, power, HVAC, and communications in an emergency situation.
(4) In each area where a prisoner may be confined, there
shall be an emergency smoke control system activated by smoke detectors and
operated by emergency power. Inspection and testing of the smoke control system
shall be conducted by a qualified person at least annually.
(5) Each jail shall have a fire alarm and smoke detection
system.
(6) Each direct supervision area shall have an automatic
fire extinguishing[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: November 5, 2015 at 3 p.m.
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 for
full-service jails that house state inmates.
(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 minimum security
procedures 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 safety standards to be followed in full-service jails.
(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 standardizes and clarifies terms used in the
Chapter. The automatic fire extinguishing system language is taken from the
Building Code for clarification and not intended to change what is required.
(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 accepts 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 standards as
required by KRS 441.055.
(3) List the type and number of individuals,
businesses, organizations, or state and local governments affected by this
administrative regulation: This affects approximately 77
full service jails that house state inmates and their staff, approximately
50 Department of Corrections employees, including 14 Local Facilities staff,
and approximately 20,750 inmates that are in the jails.
(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: New jails or those that renovate will
have to ensure the direct supervision area includes an automatic
fire-extinguishing system.
(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): New jails will comply with
Kentucky building code requirements for fire extinguishing systems.
(5) Provide an estimate of how much it will cost
to implement this administrative regulation:
(a) Initially: No additional
cost is anticipated.
(b) On a continuing basis: No additional
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 full-service jails.
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 full-service
county jails that house state inmates.
(2)
Identify each state or federal statute or federal regulation that requires or
authorizes the action taken by the administrative regulation. KRS 196.035 and
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:
