501 Kar 3:010. Definitions For 501 Kar Chapter 3

Link to law: http://www.lrc.ky.gov/kar/501/003/010reg.htm
Published: 2015

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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: