KRS § 441.840 — KY Code / Title XL / Chapter 441 / Section 441.840
441.840 Department of Corrections protocol -- Local and regional jail plans -- Failure to meet standards
Status: in_force

441.840 Department of Corrections protocol -- Local and regional jail plans --

Failure to meet standards.

(1) (a) The Department of Corrections shall, through the promulgation of

administrative regulations under KRS Chapter 13A, develop an evacuation

and relocation protocol for jailers of local and regional jails to follow in the

development of individual evacuation and relocation plans for prisoners

housed within the jails or regional jails to other facilities in the event that an

emergency renders the jail or regional jail temporarily or permanently

uninhabitable. The protocol shall take into account evacuation and relocation

procedures for full-service jails, life-safety jails, and holding facilities for

jailers who are transportation officers.

(b) Each jailer who exercises control over one (1) or more prisoners shall develop

an evacuation and relocation plan based upon the department's evacuation and

relocation protocol. The Department of Corrections shall assist jailers in the

development of their individual evacuation and relocation plans, and the

jailers shall submit their plans to the county legislative body, which shall

provide commentary to ensure that the jail evacuation plan is compatible with

the relevant annexes of the local emergency operations plans.

(c) The department, in consultation with the jailers in assisting drafting the local

evacuation plans, shall ensure that each individual jail evacuation and

relocation plan is also compatible with the relevant annexes of the state

emergency operations plans.

(2) In developing the plan for the evacuation and relocation of prisoners, the jailer shall

contact other jails, regional jails, correctional facilities, and penitentiaries, and shall

enter into a written agreement for the relocation of the jail's prisoners.

(3) The jailer shall review the evacuation and relocation plan every year, and shall

update it when necessary.

(4) Each jail's and regional jail's evacuation and relocation plan shall be filed with the

department in a manner that the department determines through administrative

regulations promulgated under KRS Chapter 13A.

(5) The department may provide for procedures for jailers to follow in the drafting and

updating of the jail's and regional jail's individual evacuation and relocation plan, as

well as any administrative procedures necessary to effect the requirements of this

section through the promulgation of administrative regulations under KRS Chapter

13A.

(6) If the department determines that the jail's or regional jail's plan does not meet its

standards or the jailer has not followed certain procedures set out by administrative

regulation, it shall submit written notification of the fact to each county

judge/executive and each jailer of each county housing prisoners in the jail or

regional jail. The department may establish sanctions for noncompliance. Any

sanctions shall be set out by administrative regulations promulgated under KRS

Chapter 13A.

(7) The department shall promulgate the regulations permitted and required under this

section no later than one hundred eighty (180) days after July 12, 2006.

(8) The jailers shall complete their evacuation and relocation plans and transmit them

to the department no later than January 31, 2008. If a jailer does not complete and

transmit the copy of his or her evacuation and relocation plans, the jailer shall be

notified by the department of the failure and shall be subject to orders and sanctions

of the department under subsection (6) of this section.

(9) The Department of Corrections may delegate the responsibility of developing the

evacuation and relocation protocol to the Jail Standards Commission. If the

department delegates this responsibility, it shall adopt the recommendations of the

Jail Standards Commission through administrative regulations promulgated under

KRS Chapter 13A. The Department of Corrections may consult and collaborate

with the Jail Standards Commission on any aspect of the requirements set out in this

section.