501 KAR 7:050.
Physical plant.
RELATES TO: KRS
441.045, 441.055, 441.064, 441.075, 441.415-441.450
STATUTORY
AUTHORITY: KRS 441.055
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to
promulgate administrative regulations establishing minimum standards for jails
that house state prisoners. This administrative regulation establishes
standards and procedures to be followed in the design, construction, renovation,
and expansion of restricted custody centers and for measuring compliance of
existing centers in accordance with KRS 441.055, 441.064, and 441.075.
Section 1. Definitions.
(1) "Construction authority" is defined in KRS 441.415.
(2) "Division"
means the Department of Corrections Division of Local Facilities.
(3) "Expansion"
means a renovation which includes an increase in the number of square footage
of the local correctional facility to add prisoner bed space as described in
KRS 441.450(2).
(4) "Local
correctional facility" is defined in KRS 441.415.
(5) "Renovation"
means changes to the physical plant of or construction on an existing local correctional
facility that does not:
(a) Include an
increase in the number of square footage of the local correctional facility to
add prisoner bed space; and
(b) Require
approval of the construction authority as described in KRS 441.450(2).
Section 2.
Consultation. If requested, the Department may provide to a unit of local
government seeking to remodel an existing restricted custody center or
construct a new center, a consultant knowledgeable in the design, utilization,
and operation of detention facilities. The consultant may meet with the
appropriate officials of that county and advise them concerning:
(1) Site
selection;
(2) Probable need
as it relates to capacity and types of prisoners to be housed;
(3) Sources of
financing for constructing;
(4) Laws and
administrative regulations relating to treatment of prisoners;
(5) Laws and
administrative regulations relating to facilities for prisoners;
(6) Sources of
revenue for operations of the center;
(7) Probable cost
for operation of the center; and
(8) Potential for
sharing facilities with adjoining counties.
Section 3.
Application for Construction. (1) Prior to the commencement of any construction
for a new restricted custody center or for the renovation or expansion of an
existing restricted custody center, a unit of local government shall submit to
the division:
(a) An application
for approval; and
(b) If the
construction is for a new center or an expansion of an existing center, any
applications and materials submitted to the construction authority in
accordance with KRS 441.430.
(2) The
application required by subsection (1)(a) of this section shall:
(a) Be signed by
the:
1. County
judge-executive for each county involved in the proposal;
2. Highest
executive of a unit of local government other than a county; or
3. Head of the
Regional Jail Authority, if applicable;
(b) State in
detail the need for the specific request being proposed;
(c) Identify the
unit of local government submitting the request;
(d) State the
following information for the current jailer:
1. Name;
2. Address; and
3. Phone number;
(e) Identify the
type of local correctional facility currently being used:
1. Full service;
2. Regional full
service;
3. Life safety; or
4. None.
(f) If
construction is proposed at a location other than where the current local
correctional facility is located, then provide the following information for
the new property:
1. Address;
2. Description of
new property;
3. Explanation of
ownership of new property; and
4. Estimated cost
to purchase property if not owned by the unit of local government proposing
construction;
(g) If the
proposed construction is for a new restricted custody center, then identify the
size of center being requested using the bed capacity increments required for
plans in KRS 441.420(3).
(h) If the
proposed construction is for an expansion, then state the:
1. Number of
proposed additional beds; and
2. Proposed additional
square footage;
(i) If the
proposed construction is for a renovation, then state:
1. The purpose of
the renovation; and
2. The amount of
any proposed additional square footage;
(j) For the
current restricted custody center, state the:
1. Current capacity;
2. Average daily
population (ADP) for the preceding two (2) years;
3. Total amount of
remaining bond indebtedness;
4. Amount of
monthly debt installment payment; and
5. Remaining
number of payments on any note; and
(k) Identify the
architect, consultant, or other person or entity with which the unit of local
government consulted for the construction proposal.
Section 4.
Documentation required for application. A unit of local government shall
provide a copy of the following documents with any application submitted to the
division:
(1) Ordinance for
the unit of local government showing an affirmative vote for the proposed
construction for the restricted custody center;
(2) Deed, lease,
or legal description of the new property for proposed construction;
(3) Local
correctional facility budget for the preceding two (2) years;
(4) General budget
for any unit of local government proposing construction;
(5) Feasibility
study or other documentation provided by any architect, entity, or other person
that consulted on the proposed construction; and
(6) Documentation
showing that the unit of local government has sufficient bonding and revenue
sources to pay the bond indebtedness, operating costs, and maintenance costs
over the anticipated life of the note for the proposed construction.
Section 5. Site
Selection Review. The following criteria shall be considered by the division in
its site selection review:
(1) Size;
(2) Proximity to
court;
(3) Proximity to
community resources;
(4) Availability of
public transportation;
(5) Environmental
health;
(6) Adequate
parking; and
(7) Provisions for
future expansion.
Section 6.
Construction Documents. (1) A unit of local government shall submit plans and
specifications to the division for approval prior to the commencement of any
construction for a new center or for the renovation or expansion of an existing
center. The division may waive some of the requirements of this section on a
case by case basis depending on the specifics proposed for the construction.
(2) If the
construction is for a new center or expansion of an existing center, a unit of
local government shall submit plans and specifications for the applications
required by KRS 441.430 to the division.
(3) Whether new
construction or renovation or expansion of an existing center, plans and
specifications for a center shall meet the following criteria and contain the
following documentation:
(a) A programming
phase to include:
1. Evaluation of
the existing center;
2. Population
analysis as based on the NIC staffing analysis, and may include, jail
operations, jail programs, court location, and transportation issues;
3. Space
requirements based on population analysis and standards for the center and site
outlined in this administrative regulation;
4. Staffing
analysis;
5. Cost analysis
to include construction and operation cost;
6. Financing
alternatives, if applicable;
7.
Design-construction time schedule; and
8. Summary and
recommendations.
(b) A schematic
phase to include:
1. A scale drawing
of each floor plan with proposed rooms and areas one-eighth (1/8) inch minimum;
2. A scale drawing
of the site, locating the building, parking, and other facilities with one (1)
inch equaling fifty (50) feet;
3. Documentation
of site as to:
a. Size;
b. Proximity to
court;
c. Proximity to
community resources;
d. Availability of
public transportation;
e. Environmental
health;
f. Adequate
parking; and
g. Provisions for
future expansion;
4. Sections
through the proposed structure indicating ceiling heights of rooms, mechanical
spaces, roof slopes, and other related information;
5. Scale elevation
drawing of exterior walls;
6. Schematic cost
estimate to include revised construction and operation costs; and
7. A revised
design-construction time schedule.
(c) A design
development phase containing:
1. A scale drawing
on each floor plan with proposed rooms and areas with their dimensions
one-eighth (1/8) inch minimum;
2. All necessary
construction drawings including construction details;
3. Specifications
for materials and workmanship;
4. A proposed
contract with general and special conditions;
5. Engineering
calculations for the foundation, structure, heating, ventilating, air conditioning,
lighting, and plumbing; and
6. Detailed
estimates of cost of land, site development, construction, financing,
professional services, equipment, and furnishings.
(d) Construction
document phase containing:
1. Revised design
development construction drawings following review by all applicable agencies,
signed by an architect registered in the Commonwealth of Kentucky, and revised,
if necessary, to include changes required by the division; and
2. Revised design
development specifications of material and workmanship following review by all
applicable agencies.
(e) A contract
administration phase containing:
1. Signed copies
of the contracts for construction, financing, and bonding;
2. Signed copies
of the construction permits; and
3. Documentation
of required review by other applicable state agencies.
(4) Whether new
construction or renovation or expansion of an existing facility, every change
order shall be submitted to the division jail consultant for review and approval.
Section 7.
Approval of Construction Plans and Specifications. (1) Construction shall not
begin until the construction plans have been approved by the division and, if
required, the construction authority has approved the construction. The division
shall:
(a) Review each
complete application within thirty (30) days of receipt;
(b) For
renovation, issue:
1. An approval;
2. An acceptance
with required changes; or
3. A rejection,
with reasons stated;
(c) For an
expansion or new center, issue a recommendation to the construction authority
whether to approve construction; and
(d) For an
incomplete application, inform the applicant of the information or documents
that need to be submitted to complete the application.
(2) A request for
changes to the plans shall be submitted to the division and shall include a
description of the changes requested and the reasons for the changes.
(3) A change to
the approved plans shall require redrawing unless specifically exempted by the
department. Specifications shall be rewritten to reflect a change.
Section 8.
Exemption from Compliance. (1) If a center was built before the effective date
of the physical plant standards in Section 10 of this administrative
regulation, then it is exempt from the standards except as stated in subsection
(3) of this section.
(2) If a
renovation or expansion was built before the effective date of a physical plant
standard in Section 10 of this administrative regulation, then it is exempt
from the standard except as stated in subsection (3) of this section.
(3) If a new jail,
renovation, or expansion is built after the effective date of a physical plant
standard in Section 10 of this administrative regulation, then it shall meet
the standard pursuant to Section 10 of this administrative regulation, unless a
waiver is obtained pursuant to Section 9 of this administrative regulation.
Section 9. Waiver
of Compliance. (1) The department may grant a waiver of the implementation of
the physical plant standards in Section 10 of this administrative regulation
for an existing center if the department determines that:
(a) Strict
compliance will cause unreasonable difficulties;
(b) A waiver will
not seriously affect the security, supervision of prisoners, programs, or the
safe, healthful, or efficient operation of the center; and
(c) Compliance may
be achieved in a manner other than that specified, but in a manner which is
sufficient to meet the intent of this administrative regulation.
(2) If a waiver
from a standard is desired, the responsible unit of local government shall
submit a written request to the department. The written request shall include
the following information:
(a) Citation of
the specific standard involved;
(b) Identification
and description of the specific difficulties involved in meeting strict compliance;
(c) Description of
alternative proposed; and
(d) Provision of
sufficient documentation which shall demonstrate that the waiver, if granted,
will not jeopardize the security, supervision of prisoners, programs, or the
safe, healthful, or efficient operation of the center.
(3) A waiver, if
granted by the department, shall apply only to the petitioner for the specific
situation cited and for the period of time specified and shall include any
requirements imposed by the department as conditions upon the waiver. A waiver
shall not be granted for longer than twelve (12) months. A waiver granted for a
twelve (12) month period shall be reviewed for reapproval at the end of the
period.
Section 10.
Physical Plant Design Standards. New restricted custody centers shall comply
with the physical plant design standards in this section. All existing centers
that are in operation shall comply with the physical plant design standards unless
the center is exempt from a standard pursuant to Section 8 of this
administrative regulation or has obtained a waiver from the department pursuant
to Section 9 of this administrative regulation for a standard in this section. (1) Each center shall
have two (2) separate entrances: a prisoner entrance and a service entrance.
The department may permit these entrances to be combined.
(a) Prisoners'
entry. The purpose of this entrance shall be to provide secure and controlled
access to the center for prisoners.
(b) Service
entrance. The purpose of this entrance shall be to provide access to service
vehicles and delivery trucks with minimum security risks. It shall be located
in close proximity to storage rooms and the kitchen area.
(2) Each exit in
the security area shall be secured.
(3) Security area.
The area shall enclose those facilities and services required for or used by
prisoners. It shall contain the following function areas:
(a) Control area.
This area shall be located in close proximity to the prisoner entrance and
shall be used to monitor the movement of prisoners in and out of the center.
(b) Visitation.
Adequate space shall be made available for contact visits between prisoners and
families. Tables and chairs shall be provided. Bathroom facilities shall be
available to serve this area.
(c) Multipurpose
room. The purpose of this area shall be to provide space for assembly of
prisoners for specific program activities. Adequate furnishings shall be
provided.
(d) Conference
area. The purpose of this space shall be to provide space for confidential
conferences between prisoners and lawyers, counselors, clergy, etc. A table and
chairs shall be provided.
(e) Living areas.
1. Each sleeping
room shall provide a minimum of forty (40) square feet per prisoner. More than
forty (40) prisoners shall not be placed in a single sleeping room, with the
exception of a direct supervision area as outlined in 501 KAR Chapter 3.
2. Each prisoner
shall be provided in the sleeping room, at a minimum: bed, mattress and pillow,
supply of bed linen, chair, and closet or locker space for the storage of
personal items.
3. A sleeping area
shall have lighting of at least twenty (20) foot-candles in the reading and
grooming area, with a nightlight capable of providing five (5) foot-candles of
light.
4. The center shall
have one (1) toilet for every ten (10) prisoners, one (1) washbasin for every
ten (10) prisoners, and a shower for every twenty (20) prisoners. One (1)
urinal may be substituted for each commode in male areas but the commodes shall
not be reduced to less than one-half (1/2) the number required.
5. Phone
facilities shall be available for prisoner use.
6. Each occupied
area shall have temperature ranges within comfort zones, sixty-five (65) degrees
Fahrenheit to eighty-five (85) degrees Fahrenheit.
7. Each occupied
area shall have ventilation to meet air exchange as required in the Kentucky
Building Code, 815 KAR 7:120.
(f) Kitchen. The
purpose of this area shall be to provide sufficient space and equipment for
preparing meals for the maximum rated capacity of the center. Design features
shall include compliance with standards for the Retail Food Code, 902 KAR
45:005. If food is not prepared in the center, a food distribution area shall
be substituted.
(g) Laundry
facilities. Laundry facilities shall be available.
(h) Furnishings.
Center furnishings shall be noncombustible and nontoxic as approved by the
department. (13
Ky.R. 819; eff. 11-11-86; Am. 19 Ky.R. 1877; 2634; eff. 6-7-93; 22 Ky.R. 1360;
1600; eff. 3-7-96; 26 Ky.R. 178; 27 Ky.R. 89; eff. 7-17-2000; 31 Ky.R. 1570;
1804; eff. 5-26-05; 37 Ky.R. 2979; 38 Ky.R. 759; eff. 11-4-11.)
