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.)