501 Kar 7:080. Sanitation; Hygiene

Link to law: http://www.lrc.ky.gov/kar/501/007/080reg.htm
Published: 2015

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:
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