JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:020. Administration; management.
RELATES TO: KRS 441.055
STATUTORY AUTHORITY: KRS 441.045, 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 procedures to be followed for the
administration and management of restricted custody centers.
Section 1. Policy, Procedure, and Organization. (1) The
jailer shall develop and maintain an organizational chart and a policy and
procedures manual which has been adopted by the governing authority and filed
with the department.
(2) The written policy and procedures manual shall be
available to employees.
(3) The policy and procedures manual shall include the
following aspects of the center's operation:
(a) Administration;
(b) Fiscal management;
(c) Personnel;
(d) Security and control;
(e) Sanitation and management; (f) Medical services;
(g) Food services;
(h) Emergency and safety procedures;
(i) Classification;
(j) Prisoner programs;
(k) Prisoner services; and
(l) Admission and release.
(4) The policy and procedures manual shall be reviewed,
updated, and any changes approved by the governing authority at least annually.
Each revision shall be marked with the effective date and filed with the
department.
Section 2. Public Information. (1) The jailer shall develop
and implement a procedure for the dissemination of information about the center
to the public, to government agencies, and to the media. The public and
prisoners shall have access to the procedure.
(2) With the prisoner's written consent on a form
authorizing release of information, news media shall be permitted to interview
a prisoner as set forth in the center's policy and procedures manual, except if
the safety and security of the center is affected.
Section 3. Information Systems. The jailer shall establish
and maintain an information system.
(1) Center information and prisoner records shall be:
(a) Retained in written or electronic form; and
(b) Stored in a secure manner so that they are protected
from theft, loss, tampering, and destruction. Prisoner records shall be
maintained as required by the Department of Libraries and Archives pursuant to
725 KAR Chapter 1.
(2) A telephonic report to the Department shall be made of
all extraordinary or unusual occurrences within twenty-four (24) hours of the
occurrence, and a final written report shall be made within forty-eight (48)
hours. The report shall be placed in the prisoner's center record. An
extraordinary or unusual occurrence shall include:
(a) Death of a prisoner;
(b) Attempted suicide that constitutes a serious health
situation, or suicide;
(c) Serious injury, whether accidental or self-inflicted;
(d) Attempted escape or escape from center;
(e) Fire;
(f) Riot;
(g) Assault[Battery], whether by jail
personnel or prisoner;
(h) Sexually abusive conduct; and
(i) Occurrence of contagious or infectious disease, or
illness within the center facility.
(3) The center shall keep a log of daily activity.
(4) The center shall, in the event of an escape,
immediately:
(a) Notify the Division of Local Facilities jail
inspector;
(b) Notify Kentucky State Police or local law
enforcement;
(c) Activate VINE through use of the Emergency Override
Line (EOL); and
(d) Enter the prisoner’s escape status into the jail
management system.
Section 4. Prisoner Records. (1) The information required by
501 KAR 7:120 for admission and release shall be retained for each prisoner in
the prisoner’s center record. Other information retained in each prisoner's
center record shall include:
(a) Court orders;
(b) Personal property receipts;
(c) Infraction reports;
(d) Reports of disciplinary actions;
(e) Work record and program involvement;
(f) Any extraordinary or unusual occurrence; and
(g) If a prisoner dies, the disposition of the prisoner's
property and remains.
(2) Medical records shall be maintained as required by the
Department of Libraries and Archives pursuant to 725 KAR Chapter 1.
(3) The jailer shall ensure that prisoner records are
safeguarded.
(4) The jailer shall require a prisoner to sign a form
authorizing release of information, prior to the release of information, other
than public information, to an individual other than law enforcement or a court
official. A copy of the signed form shall be maintained in the prisoner's
record. The form shall include:
(a) Name of person, agency, or organization requesting
information;
(b) Name of center releasing information;
(c) Information to be disclosed;
(d) Date consent form is signed; and
(e) Signature of prisoner.
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 minimum standards to be followed for the
administration and management of 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 administration and
management 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 for administration and management regarding
restricted custody centers as required by KRS 441.055.
(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: The revisions standardize terms used within the
Chapter and clarifies escape procedures.
(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 provides current and clear administrative
and management 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 may change their
policies concerning escapes and the department will have more efficient and
effective reporting.
(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. 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:
