501 KAR 7:140.
RELATES TO: KRS
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 to ensure the rights of prisoners in restricted custody centers.
Section 1. Policy
and Procedure. (1) Each center shall have a written statement of prisoner
rights which shall address:
(a) Access to
(b) Access to
(f) Search and
(i) Medical care;
(j) Counseling, if
(2) The statement
of prisoner rights shall be made available to all inmates being assigned to
general housing units. The statement of prisoner rights may be posted in a
conspicuous place, provided in hard-copy format, or provided through
close-circuit cable television.
(3) The jailer
shall not prohibit a prisoner's right of access to the judicial process.
(4) The jailer
shall ensure the right of each prisoner to have confidential access to his
attorney and his authorized representative.
(5) The jailer
shall have a written policy and procedure that defines the center's visitation
rules, which shall include:
(a) A schedule
identifying no fewer than two (2) visiting days each week, one (1) of which
shall be during the weekend;
(b) At least one (1)
visit per week per prisoner shall be allowed except if a prisoner has been
assessed a disciplinary penalty for an infraction of rules governing
(c) A visit shall
not be less than fifteen (15) minutes;
(d) Two (2) or
more persons permitted to visit at the same time shall count as a single visit;
(e) Children, if
accompanied by an adult, shall be permitted to visit a prisoner.
clergy, and health care staff shall be permitted to visit a prisoner at
reasonable hours other than during regularly scheduled visiting hours and shall
not count as an allotted visit.
(7) Each visitor
shall register and show proper photo identification before admission and shall
be denied admission for refusal to register, refusal to consent to search, or
for a violation of the visitation rules established pursuant to subsection (5)
of this section or established in subsection (6) of this section.
(8) A prisoner
shall not be restricted in regard to whom he may have as a visitor, unless the
jailer determines to exclude the visitor on the basis of one (1) or more of the
(a) The visitor:
1. Represents a
clear and present danger to security;
2. Has a past
history of disruptive conduct at the center;
3. Is under the
influence of alcohol or drugs;
4. Refuses to
submit to a search; or
5. Refuses to show
proper identification; or
(b) The prisoner
refuses the visit.
(9) Except for
visitors pursuant to subsection (6) of this section, jail personnel may monitor
and record visitor and prisoner conversation for security reasons. Notification
shall be posted in a conspicuous location in the visiting areas.
Section 2. Mail. (1)
The jailer shall have a written policy and procedure for receiving and sending
prisoners' personal rights; and
(b) Provides for
security practices consistent with the operation of the center.
(2) A prisoner
shall be allowed to correspond with anyone if the correspondence does not
violate any state or federal law. Caution shall be taken to protect prisoner
rights in accordance with court decisions regarding correspondence. The jailer
may enact a policy prohibiting the sending or receipt of prisoner-to-prisoner
mail. The policy shall permit the jailer discretion to grant the privilege.
(3) Incoming mail
may be opened and inspected for contraband prior to delivery. Mail received
from the court, an attorney of record, or a public official may be opened and
inspected only in the presence of the prisoner.
Telephone. (1) Written policy and procedure shall permit each prisoner to
complete at least one (1) telephone call each week. The expense incurred for a
call shall be borne by the prisoner or the party called.
(2) If calls are
monitored, the prisoner shall be notified.
privileges may be suspended for a designated period of time if telephone rules
Religion. (1) Each prisoner shall be:
(a) Granted the
right to practice his religion within limits necessary to maintain institutional
order and security; and
(b) Afforded an
opportunity to participate in religious services and receive religious
counseling within the center.
(2) A prisoner
shall not be required to attend or participate in any religious service or
Section 5. Access
to Programs. The jailer shall ensure each prisoner equal access to programs and
services, if the security and order of the center are not jeopardized.
Grievance Procedure. The jailer shall have a written prisoner grievance procedure.
The procedures shall include provisions for:
(1) A response to
each written grievance within ten (10) days;
(2) Equal access
for each prisoner;
(3) A guarantee against
Disciplinary Rights. Each center shall have a written policy and procedure for
maintaining discipline, consistent with constitutional requirements for due
Medical. Each prisoner shall be afforded access to necessary medical care. (13
Ky.R. 829; eff. 11-11-86; Am. 26 Ky.R. 183; 27 Ky.R. 93; eff. 7-17-2000; 31
Ky.R. 1578; 1809; eff. 5-26-05; 37 Ky.R. 2990; 38 Ky.R. 742; eff.11-4-11.)