KRS § 441.055 — KY Code / Title XL / Chapter 441 / Section 441.055
441.055 Regulation of jails -- Adoption and revision of standards -- Classification of jails
Status: in_force

441.055 Regulation of jails -- Adoption and revision of standards -- Classification

of jails.

(1) The Department of Corrections shall for those counties which elect to house state

prisoners in their jail:

(a) 1. Adopt the recommendations of the Jail Standards Commission created

pursuant to Executive Order Number 81-1026 and promulgate

regulations pursuant to KRS Chapter 13A establishing minimum

standards for jails. These standards shall include but not be limited to

rules governing the following areas:

a. Health and safety conditions;

b. Fire safety;

c. Jail operations, recordkeeping, and administration;

d. Curriculum of basic and continuing annual training for jailers and

jail personnel;

e. Custody, care, and treatment of prisoners;

f. Medical care; and

g. Jail equipment, renovation, and construction.

2. These minimum standards shall specifically allow for:

a. i. Provision of required documents to prisoners through

electronic format;

ii. Confidential prisoner access to attorneys through

unmonitored phone lines in non-contact visitation areas;

iii. Measures to prevent receipt of prisoner mail containing

intoxicants, including in fabricated legal mail; and

iv. Delivery of mail received from the court, an attorney of

record, or a public official to the prisoner via an electronic

copy provided on a secure, personal account after opened

and inspected in the presence of the prisoner; and

b. The appointment or employment of persons who have attained the

age of eighteen (18) years or older who are otherwise qualified to

serve in the position in which they are appointed or employed to

work inside the secure perimeter of the jail; however, no person

under the age of twenty-one (21) years shall be employed as a

deputy jailer, possess or exercise peace officer powers, or function

in a role similar to that of a deputy jailer, nor shall an individual

under the age of twenty-one (21) years be employed in a position

that involves supervision over inmates or persons yet to be booked

into the jail. Persons who are under the age of twenty-one (21)

years shall have a high school diploma or a High School

Equivalency Diploma;

(b) Develop a jail standards review process, which shall include the participation

of persons knowledgeable of jail operations to review and amend the

standards as necessary. The jail standards shall be reviewed no later than

December 31, 1992, and at least every two (2) years thereafter. Fifty percent

(50%) of the participants in the review process shall be appointed from

persons representing county interests and fifty percent (50%) shall be

appointed from persons representing state interests; and

(c) Provide technical assistance and consultation to local governments in order to

facilitate compliance with standards.

(2) The department shall, for those counties that elect not to hold state prisoners in their

jails, adopt the recommendations of the Jail Standards Commission and promulgate

administrative regulations pursuant to KRS Chapter 13A to establish minimum

standards for those jails. These standards shall be limited to health and life safety

and shall permit persons who have attained the age of eighteen (18) years or older

who are otherwise qualified to serve in the position in which they are appointed or

employed to work inside the secure perimeter of the jail; however, no person under

the age of twenty-one (21) years shall be employed as a deputy jailer, possess or

exercise peace officer powers, or function in a role equal to that of a deputy jailer,

nor shall an individual under the age of twenty-one (21) years be employed in a

position that involves supervision over inmates or persons yet to be booked into the

jail. Persons who are under the age of twenty-one (21) years shall have a high

school diploma or a High School Equivalency Diploma.

(3) All minimum standards promulgated by the department applying to jails shall

include requirements for adequate nutrition for pregnant prisoners, an adequate

number of hygiene products for female prisoners, and an appropriate number of

undergarments for female prisoners.

(4) The department may establish classifications of jails based on the maximum

permissible period of incarceration or other criteria and promulgate standards for

each class of jail.