501 KAR 7:020. Administration; management

Link to law: http://www.lrc.ky.gov/kar/501/007/020reg.htm
Published: 2015

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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: