JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 3:030. Fiscal management.

 

      RELATES TO: KRS 43.070, 68.020, 441.055, 441.135, 441.215,

441.235

      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 fiscal management procedures to be

followed in full-service jails.

 

      Section 1. Budgeting. The jailer or jail administrator,

county judge/executive and treasurer shall prepare and present a line item

budget request to the governing authority in accordance with KRS 441.215.

 

      Section 2. Accounting. (1) The county treasurer shall

maintain fiscal records which clearly indicate the local cost for operating the

jail in accordance with KRS 68.020 and 441.235.

      (2) Fiscal records shall have an itemized breakdown of the

total operating expenses including[but not limited to] wages, salaries,

food and operating supplies.

 

      Section 3. Canteen. As provided in KRS 441.135, each jailer

may establish a canteen to provide prisoners with approved items.

 

      Section 4. Audits. (1) The county jail budget shall be

audited in accordance with KRS 43.070.(2) The records of income, expense, and

disbursements of the jail canteen fund shall be examined annually by the

Auditor of Public Accounts concurrently with the annual audit of the county

conducted in accordance with KRS 43.070(1)(a), unless the Auditor of Public

Accounts declines to perform the examination of the canteen fund or has failed

to respond to written notice of intent to employ a certified public accountant

within thirty (30) days of receipt of the notice.

      (a) If the county judge/executive notifies the Auditor of

Public Accounts with specific or known jail canteen fund concerns or

irregularities, the auditor shall thoroughly investigate the noted concerns or

irregularities in the examination if, in the auditor's judgment, the investigation

is warranted.

      (b)[The jailer shall forward a copy of the report of any

jail canteen audit to the department.

      (c)] The cost of the canteen fund audit shall be paid

from the canteen fund as an allowable expense. If the jail's canteen fund is

insufficient to cover the expense of the examination, the expense shall be

borne by the county jail fund.

 

      Section 5. Payroll. Jail employees shall be paid on the same

dates as county employees.

 

      Section 6. Inventory. Each jailer or jail administrator

shall implement and utilize the established inventory procedure of the county.

 

      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: November 5, 2015 at 3 p.m.

      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 procedures for the fiscal management of

full-service jails that house state prisoners.

      (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 minimum

fiscal management standards for full-service jails, as required by KRS

441.055(1)(b).

      (d) How this administrative regulation currently

assists or will assist in the effective administration of the statutes: It

establishes minimum fiscal management standards for full-service jails.

      (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 remove the requirement of forwarding jail canteen audit reports to

the department.

      (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 accepts 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 fiscal

management standards for full-service jails.

      (3) List the type and number of individuals,

businesses, organizations, or state and local governments affected by this

administrative regulation: This affects approximately 77

full service jails that house state inmates and their staff, approximately

50 Department of Corrections employees, including 14 Local Facilities staff,

and approximately 20,750 inmates that are in the jails.

      (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 no longer have to

provide jail canteen audit reports to the department.

      (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): It

will streamline the documentation process.

      (5) Provide an estimate of how much it will cost

to implement this administrative regulation:

      (a) Initially: No additional

cost is anticipated.

      (b) On a continuing basis: No additional

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 full-service jails.

 

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 county full-service

jails that house state inmates.

      (2)

Identify each state or federal statute or federal regulation that requires or

authorizes the action taken by the administrative regulation. KRS 196.035 and

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. Plus, the department had

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: