JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:080. Sanitation; hygiene.
RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 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 proper sanitation and
hygiene in restricted custody centers.
Section 1. Procedures. (1) The jailer shall provide for:
(a) The control of vermin and pests; and
(b) Both solid and liquid waste disposal.
(2) The jailer shall have a written preventative maintenance
plan which includes schedules for:
(a) Cleaning various specified locations and items in the
center;
(b) Inspections by the jailer;
(c) Trash and garbage removal; and
(d) Periodic inspection and maintenance of specified
mechanical equipment.
(3) The center shall have fresh, purified air circulating
within each prisoner living and activity area.
(4) The center shall furnish clean, sanitized bedding to
prisoners, including:
(a) One (1) penal mattress;
(b) One (1) blanket, if conditions require;
(c) Two (2) sheets;
(d) One (1) pillow, if not part of the mattress; and
(e) One (1) pillowcase, if applicable.
(5) Prisoner bedding shall be cleaned on a regular basis
according to the following schedule:
(a) Sheets, pillowcases, and mattress cover shall be cleaned
at least once per week and cleaned prior to reissue to another inmate;
(b) Blankets shall be laundered upon reissue or quarterly,
whichever is sooner; and
(c) Mattresses and pillows shall be cleaned quarterly and
cleaned prior to reissue to another inmate.
(6) Each prisoner shall be issued a clean towel. Towels
shall be laundered at least twice weekly and laundered prior to reissue to
another inmate. Prisoners shall not be required to be without a towel while
laundry is being processed.
(7) Provisions shall be made for laundering prisoner
clothing at least twice weekly. Prisoners shall not be required to be without
clean clothing while laundry is being processed.
(8) Floors, toilets, and sinks shall be cleaned daily or
more often as necessary.
(9) Showers shall be cleaned on at least a weekly basis.
(10)(a) Prisoners shall be issued or permitted to obtain the
following hygienic items:
1. Soap;
2. Toothbrush;
3. Toothpaste;
4. Toilet paper; and
5. Female sanitary supplies, if applicable.
(b) An indigent prisoner shall be furnished these items by
the center.
(11) Hair cutting services or sanitized hair cutting
equipment shall be available to all prisoners.
(12) All prisoners shall be
permitted to shave a minimum of two (2) times per week. Communal razors shall
not be used. A sanitized electric razor may be substituted with jailer
approval.
(13) All prisoners shall be provided shower facilities
within twenty-four (24) hours of admission. Prisoners shall be permitted to
shower daily.
(14) All prisoners in the center shall be provided with
hot and cold running water in showers and lavatories.
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 proper sanitation and hygiene in 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 minimum sanitation and
hygiene requirements for 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 sanitation and hygiene requirements
for restricted custody centers.
(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: It addes minimum requirements for shaving and
showering and requires hot and cold water to be provided in showers and
lavatories.
(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 ensures appropriate sanitation and hygiene
in 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): Jails
will ensure all inmates have sanitary and hygienic conditions.
(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 will paid 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 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:
