Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 7 - Jail Standards for Restricted Custody Center Facilities › Section 501 KAR 7:010 - Definitions for 501 KAR Chapter 7

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 67.900, 67A.028, 67B.020(1), 441.045, 441.055,
				Ky. Const. Sec. 99, 152
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 7,
				regulating restricted custody centers.
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 in accordance with  815 KAR 7:120.
(2) "Department" is defined by KRS 441.005(5).
(3) "Governing
			 authority" means a county fiscal court, urban-county government, charter county
			 government, consolidated local government, unified local government, or
			 regional jail authority.
(4) "Jail
			 administrator" means the official appointed by a regional jail authority and
			 charged with the responsibility of administering the regional jail.
(5) "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 center;
(b) A department as defined by KRS 67B.020(1);
(c) A correctional
			 services division as created by KRS 67A.028; or
(d) Jail administrator.
(6) "Jail personnel" is defined by KRS 441.005(6).
(7) "Medical authority"
			 means the person or persons licensed to provide medical care to prisoners in
			 the jail's custody.
(8) "Pat" or
			 "frisk" means a manual search of a clothed person and includes a visual
			 inspection of the open mouth.
(9)
			 "Prisoner" is defined by KRS 441.005(3).
(10) "Prisoner living area" means a group of
			 rooms or cells which provide housing for the prisoner population.
(11) "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.
(12) "Restricted custody center" or "center"
			 means a facility or area separate from the jail used for the housing of:
(a) Sentenced prisoners who have been
			 approved for educational, work, or program participation release; and
(b) Pretrial prisoners who have been approved
			 by the court for educational, work, or program participation release.
(13) "Security area" means a
			 defined space whose physical boundaries have controlled ingress and
			 egress.
(14) "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.
(15) "Strip search" means a body search
			 during which a person is required to open or remove clothing, and during which
			 a person is subject to visual inspection of the torso, female breast, genital
			 area, and anal area, as well as other body cavities.
(16) "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.