501 Kar 7:140. Prisoner Rights

Link to law: http://www.lrc.ky.gov/kar/501/007/140.htm
Published: 2015

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      501 KAR 7:140.

Prisoner rights.

 

      RELATES TO: KRS

441.045, 441.055

      STATUTORY AUTHORITY:

KRS 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 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

court;

      (b) Access to

attorney;

      (c) Mail;

      (d) Telephone;

      (e) Grievance

procedure;

      (f) Search and

seizure;

      (g) Disciplinary

procedure;

      (h) Racial

segregation;

      (i) Medical care;

      (j) Counseling, if

available; and

      (k) Religion.

      (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

visitation;

      (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;

and

      (e) Children, if

accompanied by an adult, shall be permitted to visit a prisoner.

      (6) Attorneys,

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

following conditions:

      (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

mail that:

      (a) Protects

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.

 

      Section 3.

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.

      (3) Telephone

privileges may be suspended for a designated period of time if telephone rules

are violated.

 

      Section 4.

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

discussion.

 

      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.

 

      Section 6.

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

reprisal; and

      (4) Resolving

legitimate complaints.

 

      Section 7.

Disciplinary Rights. Each center shall have a written policy and procedure for

maintaining discipline, consistent with constitutional requirements for due

process.

 

      Section 8.

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.)