501 KAR 7:010.

Definitions for 501 KAR Chapter 7.

 

      RELATES TO: KRS 67.900,

67A.028, 67B.020(1), 441.045, 441.055, Ky. Const. Sec. 99, 152

      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

definitions for 501 KAR Chapter 7, regulating restricted custody centers.

 

      Section 1. Definitions.

(1) "Department" is defined in KRS 441.005(5)

      (2) "Governing

authority" means a county fiscal court, urban-county government, charter

county government, consolidated local government, unified local government, or

regional jail authority.

      (3) "Jailer"

means:

      (a) The official

duly elected or appointed pursuant to Section 99 or 152 of the Kentucky

Constitution, charged with the responsibility of administering the center;

      (b) A department

as defined in KRS 67B.020(1); or

      (c) A correctional

services division as created by KRS 67A.028.

      (4) "Jail

personnel" is defined in KRS 441.005(6).

      (5) "Medical

authority" means the person or persons licensed to provide medical care to

prisoners in the jail's custody.

      (6) "Pat or

frisk" means a manual search of a clothed person and includes a visual

inspection of the open mouth.

      (7)

"Prisoner" is defined in KRS 441.005(3).

      (8) "Prisoner

living area" means a group of rooms or cells which provide housing for the

prisoner population.

      (9) "Probing

of body cavities" means a manual or instrument search of a person's oral,

anal, vaginal, or other body cavity, performed by medical personnel.

      (10)

"Restricted custody center" or "center" means a facility or

area separate from the jail used for the housing of:

      (a) Sentenced

prisoners who have been approved for educational, work, or program

participation release; and

      (b) Pretrial

prisoners who have been approved by the court for educational, work, or program

participation release.

      (11)

"Security area" means a defined space whose physical boundaries have

controlled ingress and egress.

      (12) "Sexually

abusive conduct" means:

      (a) Sexual

contact, sexual intercourse, and deviate sexual intercourse, as defined by KRS

510.010;

      (b) Sexual abuse

as defined by 28 C.F.R. 115.6; and

      (c) Other types of

similar sexually based conduct.

      (13) "Strip

search" means a body search during which a person is required to open or

remove clothing, and during which a person is subject to visual inspection of

the torso, female breast, genital area, and anal area, as well as other body

cavities.

      (14)

"Telehealth" means the use of interactive audio, video, or other

electronic media to deliver health care. It includes the use of electronic

media for diagnosis, consultation, transfer of health or medical data, and

continuing education.

(13 Ky.R. 815; eff. 11-11-86; Am. 22 Ky.R. 1359; 1599; eff. 3-7-96; 26 Ky.R.

174; 27 Ky.R. 87; eff. 7-17-2000; 31 Ky.R. 1729; eff. 7-1-05; 2969; 38 Ky.R.

583; eff. 10-7-11.)