JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
RELATES TO: KRS 67A.028, 67B.020(1), 441.005, 441.045, 441.055,
Ky. Const. Sec. 99, 152, 42 U.S.C. 15601-15609
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 definitions for 501 KAR Chapter 3,
regulating full-service jail facilities.
Section 1. Definitions. (1) "Automatic fire
extinguishing system" means an approved system of devices and equipment that
automatically detects a fire and discharges an approved fire extinguishing
agent onto or in the area of a fire.
(2) "Ceiling" means the overhead area in
any area of the jail which is below the secure deck.
(3) "Cell" means an area for housing no more
than two (2) prisoners.
(4)[(2)] "Commissioner" is defined
in KRS 196.010(2).
(5)[(3)] "Dayroom" means a secure
area with controlled access from the prisoner living area, to which prisoners
may be admitted for daytime activities including dining, bathing, and selected
recreation or exercise.
(6)[(4)] "Deck" means the secure
overhead area of the jail, which is part of the security perimeter.
(7)[(5)] "Department" is defined in
KRS 441.005(5).
(8)[(6)] "Detoxification area" means
an area used to hold one (1) or more chemically impaired persons temporarily
during the detoxification process until they can care for themselves.
(9)[(7)] "Direct supervision area"
means an area used to house seventy (70) or fewer prisoners in which jail
personnel is always present and directly supervising the prisoners.
(10)[(8)] "Dormitory" means:
(a) An area equipped for housing not less than three (3) nor
more than thirty-six (36) persons; or
(b) If in a direct supervision area, an area equipped for
housing not more than seventy (70) persons.
(11)[(9)] "Full-service jails" means
jails that may house state prisoners pursuant to KRS 441.055 and that meet the
standards established by 501 KAR Chapter 3.
(12)[(10)] "Governing authority"
means a county fiscal court, urban-county government, charter county government,
consolidated local government, unified local government, or regional jail
authority.
(13) "Jail" is defined in KRS 441.005(1).
(14)[(12)] "Jail administrator"
means the official appointed by a regional jail authority and charged with the
responsibility of administering the regional jail.
(15)[(13)] "Jail personnel" is
defined in KRS 441.005(6).
(16)[(14)] "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 jail;
(b) A department as defined in KRS 67B.020(1); or
(c) A correctional services division as created by KRS
67A.028.
(17)[(15)] "Medical authority" means
the person or persons licensed to provide medical care to prisoners in the
jail's custody.
(18)[(16)] "Passive Holding Area",
"Diversion Holding Area", or "Temporary Holding Area" means
an area used to hold one (1) or more persons temporarily while awaiting
processing, booking, court appearance, or discharge, or until they can be moved
to a general housing area.
(19)[(17)] "Pat or frisk" means a
manual search of a clothed person and includes a visual inspection of the open
mouth.
(20)[(18)] "Penal type" means
furnishings, fixtures, and equipment approved by the department.
(21)[(19)] "Prisoner" is defined in
KRS 441.005(3).
(22)[(20)] "Prisoner living area"
means a group of rooms or cells that provide housing for the prisoner
population.
(23)[(21)] "PREA" means the Prison
Rape Elimination Act, 42 U.S.C. 15601-15609.
(24)[(22)]"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.
(25)[(23)] "Religion Reference
Manual" means the Kentucky Department of Corrections Religion Reference
Manual incorporated by reference in 501 KAR 6:080.
(26)[(24)] "Sally port" means a
covered vehicular drive-through, located adjacent to the jail intake area.
(27)[(25)] "Security area" means a
defined space whose physical boundaries have controlled ingress and egress.
(28)[(26)] "Security vestibule"
means a defined space that promotes security by the use of two (2) or more
doors used to contain and observe those who pass.
(29)[(27)] "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.
(30)[(28)] "Sick call" means the
evaluation and treatment of an ambulatory patient in a clinical setting, either
on or off site of the jail, by the medical authority.
(31)[(29)]"Special Needs Area" means
an area used to hold one (1) prisoner for observation when displaying violent,
erratic, or suicidal behavior or expressing suicidal ideations.
(32)[(30)] "Strip search" means a
body search during which a person is required to open or remove clothing,
during which a person is subject to visual inspection of the torso, female
breast, genital area, anal area, and other body cavities.
(33)[(31)] "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.
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 definitions for 501 KAR Chapter 3
concerning 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 provides definitions for 501 KAR
Chapter 3, which establishes minimum standards for full-service jails that
house state prisoners 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 definitions for the regulations concerning 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: It adds definitions for "automatic fire
extinguishing system" and "cell" and renumbers.
(b) The necessity of the amendment to this
administrative regulation: It revises the minimum standards as part of the
standard review process required 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 definitions for
the full-service jail regulations.
(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 prisoners 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: They will need to apply the new definitions 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): They will receive a better
understanding of the program and its requirements by having updated and
clarified definitions.
(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
definitions apply equally to all involved in 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 full-service
county 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 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 will
have 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:
