501 KAR 3:110.

Classification.

 

      RELATES TO: KRS

441.045, 441.055

      STATUTORY

AUTHORITY: KRS 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 for the classification of prisoners in full-service jails.

 

      Section 1.

Procedure. (1) Each jail shall develop a prisoner classification system, which

shall be included in the facility's written policy and procedure manual.

      (2) The prisoner

classification system shall provide for separation of the following categories

of prisoners:

      (a) Male and

female prisoners, except in diversion/holding;

      (b) Mental inquest

detainee and other prisoners;

      (c) Mentally ill

or mentally retarded prisoner and other prisoners;

      (d) Chemically

incapacitated prisoner and other prisoners;

      (e) A prisoner

with a tendency to harm others, be harmed by others, or requiring administrative

segregation and other prisoners; and

      (f) A prisoner

with a communicable disease and other prisoners.

      (3) The criteria

to be used in the classification of other prisoner categories shall be as

follows:

      (a) Seriousness of

current offense;

      (b) Institutional

behavioral history;

      (c) Special needs;

      (d) Known criminal

history; and

      (e) Trustees. The

jailer or his designee shall base selection of prisoners for trustee status on

the following criteria:

      1. The nature of

the prisoner's offense and sentence;

      2. Previous escape

attempts; and

      3. The prisoner's

"day-to-day" behavior.

      (4) A prisoner's

classification shall be reevaluated if the prisoner’s status changes based on

factors to include the following::

      (a) Results of a

court appearance by the prisoner, such as being sentenced;

      (b) Disciplinary

hearing and action; and

      (c) Reevaluation

of the prisoner's physical, emotional, or mental condition.

      (5) The prisoner

classification system shall prohibit discrimination or segregation based upon

race, color, creed, or national origin.

 

      Section 2. (1)

Each detention facility with direct supervision areas shall, and other

detention facilities may, develop a system of prisoner classification to assess

prisoners for the purpose of:

      (a) Protecting

public or institutional safety;

      (b) Providing an

acceptable level of health care services; and

      (c) Considering

the opportunity to provide programs intended to reduce the likelihood of

reincarceration.

      (2) The

classification system shall provide for the assessment of prisoner risk and

need, considering elements including:

      (a) Need for

medical care;

      (b) Need for

mental health care;

      (c) Propensity for

suicidal behavior;

      (d) Potential

conflict arising from contact with another individual or group within the

institution;

      (e) Potential

threat of escape;

      (f) Potential

threat to public safety if placed in a community release program;

      (g) Potential risk

to staff or another prisoner;

      (h) Record of

previous institutional behavior; and

      (i) Assessment for

participation in educational, vocational, rehabilitative, or work-related

programming.

      (3) Each

classification system shall consider the development of the following

components:

      (a) An assessment

of a prisoner upon intake to the facility to determine:

      1. Legal custody;

      2. Medical fitness

for acceptance; and

      3. Information

asked of the arresting or transporting agent concerning the prisoner’s

potential risk and needs.

      (b) A screening

component to assess, as soon as practical after acceptance into the facility,

the prisoner’s risk and need for the purpose of determining appropriate

housing, supervision requirements, and the need for providing immediate health

care or other services.

      (c) A primary

classification of a prisoner shall be accomplished as soon as practical after

his initial court appearance, or prior to a permanent housing placement within

the institutional population to address the long term housing, supervision, and

health care needs of the prisoner. Primary classification may also address the

appropriateness of program placement in consideration of the needs of the

prisoner and the potential risks to the community and the institution

associated with the placement.

      (4) A

reclassification component shall be developed that reassesses the prisoner’s

risk, need, and housing assignment and supervision based upon either time,

event, change of status, or request.

      (5) An instrument

of assessment shall be developed for each of the classification components

using sources including charged offense, criminal history of the prisoner,

available institutional behavior history, interview and observation of the

prisoner, or other information sources available to the institution. (9

Ky.R. 646; Am. 927; eff. 3-2-83; 13 Ky.R. 690; eff. 11-11-86; 26 Ky.R. 163; 27

Ky.R. 84; eff. 7-17-2000; 31 Ky.R. 1560; eff. 5-26-05; 37 Ky.R. 2958; 38 Ky.R.

576; eff.10-7-11.)