501 Kar 7:050. Physical Plant

Link to law: http://www.lrc.ky.gov/kar/501/007/050.htm
Published: 2015

      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.)
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