reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:330 - Corrections policies and procedures: personnel

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 18A.043, Chapter 196, 196.160, 196.230, Chapter
				197, 510.120(1)(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations deemed necessary or suitable
				for the proper administration of the functions of the cabinet or any division
				in the cabinet. KRS 197.020 requires the Department of Corrections to
				promulgate administrative regulations for the government and discipline of the
				penitentiary and for the government and official conduct of all officials
				connected with the penitentiary. KRS 196.160 authorizes the commissioner to
				adopt, amend, or rescind administrative regulations governing dress and
				grooming standards of institutional uniformed officers and employees. KRS 197.110(5) authorizes the department to promulgate administrative regulations
				for purposes as the department deems necessary and proper for carrying out the
				intent of KRS Chapter 197. This administrative regulation establishes policies
				and procedures concerning personnel for the Department of Corrections.
Section 1. Incorporation by Reference.
(1) "Department of Corrections Policies and
			 Procedures, Chapter 3", May 15, 2024, are incorporated by reference. Department
			 of Corrections Policies and Procedures Chapter 3 includes:
3.1
Code of Ethics/Social Media Use (5/15/24)
3.9
Student Intern Placement Procedure
							 (5/15/24)
3.10
Appearance and Dress for Nonuniformed Staff
							 (5/15/24)
3.11
Drug Free Workplace Employee Drug Testing
							 (5/15/24)
3.17
Uniformed Employee Dress Code (5/15/24)
3.22
Staff Sexual Offenses (12/10/13)
(2)
			 This material may be inspected, copied, or obtained, subject to applicable
			 copyright law, at the Justice and Public Safety Cabinet, Office of Legal
			 Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502)
			 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This
			 material may be obtained from the Department of Corrections Web site in the
			 policies and procedures area at
https://corrections.ky.gov/About/cpp/Pages/default.aspx
or the regulation filing area at
https://corrections.ky.gov/about/pages/lrcfilings.aspx
.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:430 - Corrections policies and procedures: communication, mail, and visiting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 196, 197
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations deemed necessary or suitable
				for the proper administration of the functions of the cabinet or any division
				in the cabinet. KRS 197.020(1)(a) and (b) require the Department of Corrections
				to promulgate administrative regulations for the government and discipline of
				the penitentiary, government and official conduct of all officials connected
				with the penitentiary, government of the prisoners in their deportment and
				conduct, and preservation of the health of the prisoners. KRS 197.110
				authorizes the department to promulgate administrative regulations for purposes
				as the department deems necessary and proper for carrying out the intent of KRS
				Chapter 197. This administrative regulation establishes policies and procedures
				concerning communication, mail, and visiting for the Department of
				Corrections.
Section 1. Incorporation
			 by Reference.
(1) "Department of Corrections
			 Policies and Procedures, Chapter 16", May 15, 2024, are incorporated by
			 reference. Department of Corrections Policies and Procedures Chapter 16
			 includes:
16.1
Inmate Visits (5/15/24)
16.2
Inmate Correspondence (5/15/24)
16.3
Inmate Access to Telephones (10/12/12)
16.4
Inmate Packages (8/12/16)
16.5
Video Visitation (5/15/24)
16.6
Inmate Tablets (5/15/24)
(2)
			 This material may be inspected, copied, or obtained, subject to applicable
			 copyright law, at the Justice and Public Safety Cabinet, Office of Legal
			 Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502)
			 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This
			 material may be obtained from the Department of Corrections Web site in the
			 policies and procedures area at
https://corrections.ky.gov/About/cpp/Pages/default.aspx
or the regulation filing area at
https://corrections.ky.gov/about/pages/lrcfilings.aspx
.
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 7:020 - Administration; management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 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 be followed for the
				administration and management of restricted custody centers.
Section 1. Policy, Procedure, and
			 Organization.
(1) The jailer shall develop and
			 maintain an organizational chart and a policy and procedures manual that has
			 been adopted by the governing authority and filed with the
			 department.
(2) The written policy
			 and procedures manual shall be available to employees.
(3) The policy and procedures manual shall
			 include the following aspects of the center's operation:
(a) Administration;
(b) Fiscal management;
(c) Personnel;
(d) Security and control;
(e) Sanitation and management;
(f) Medical services;
(g) Food services;
(h) Emergency and safety
			 procedures;
(i)
			 Classification;
(j) Prisoner
			 programs;
(k) Prisoner services;
			 and
(l) Admission and
			 release.
(4) The policy
			 and procedures manual shall be reviewed, updated, and any changes approved by
			 the governing authority at least annually. Each revision shall be marked with
			 the effective date and filed with the department.
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 7:030 - Fiscal management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.070, 441.055, 441.135
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the
				Department of Corrections to promulgate administrative regulations establishing
				minimum standards for jails that house state prisoners. This administrative
				regulation establishes fiscal management procedures to be followed in
				restricted custody centers.
Section 1.
			 Budgeting and Accounting. The center's budget and fiscal records shall be kept
			 in accordance with the general records of the center.
Section 2. Canteen.
(1) As provided in KRS 441.135, each jailer
			 may establish a canteen to provide prisoners with approved items not supplied
			 by the center.
(2) The records of
			 income, expense, and disbursements of the canteen shall be examined annually by
			 the Auditor of Public Accounts concurrently with the annual audit of the county
			 conducted in accordance with KRS 43.070(1)(a), unless the Auditor of Public
			 Accounts declines to perform the examination of the canteen fund or has failed
			 to respond to written notice of intent to employ a certified public accountant
			 within thirty (30) days of receipt of the notice.
(a) If the county judge/executive notifies
			 the Auditor of Public Accounts with specific or known jail canteen fund
			 concerns or irregularities, the auditor shall thoroughly investigate the noted
			 concerns or irregularities in the examination if, in the auditor's judgment,
			 the investigation is warranted.
(b)
			 The cost of the canteen fund audit shall be paid from the canteen fund as an
			 allowable expense. If the jail's canteen fund is insufficient to cover the
			 expense of the examination, the expense shall be borne by the county jail
			 fund.
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 7:040 - Personnel

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. 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
				personnel procedures to be followed in restricted custody centers.
Section 1. Staffing.
(1) Each jail shall provide twenty-four (24)
			 hour awake supervision for all prisoners by providing a minimum of one (1) jail
			 personnel excluding jail personnel designated for communication. If requested
			 by the jailer or governing authority, the department may conduct a staffing
			 analysis.
(2) If a female prisoner
			 is housed in the center, the center shall provide a female deputy to perform
			 twenty-four (24) hour awake supervision.
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 7:050 - Physical plant

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055, 441.064, 441.075,
				441.415-441.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the
				Department of Corrections to promulgate administrative regulations establishing
				minimum standards for jails that house state prisoners. This administrative
				regulation establishes standards and procedures to be followed in the design,
				construction, renovation, and expansion of restricted custody centers and for
				measuring compliance of existing centers in accordance with KRS 441.055,
				441.064, and 441.075.
Section 1.
			 Definitions.
(1) "Barrier Fence" means a
			 chain-link fence that provides a boundary around the restricted custody housing
			 areas or restricted custody center.
(2) "Construction authority" is defined by
			 KRS 441.415.
(3) "Division" means
			 the Department of Corrections Division of Local Facilities.
(4) "Expansion" means a renovation which
			 includes an increase in the number of square footage of the local correctional
			 facility to add prisoner bed space as described in KRS 441.450(3).
(5) "Local correctional facility" is defined
			 by KRS 441.415.
(6) "Renovation"
			 means changes to the physical plant of or construction on an existing local
			 correctional facility that does not:
(a)
			 Include an increase in the number of square footage of the local correctional
			 facility to add prisoner bed space; and
(b) Require approval of the construction
			 authority as described in KRS 441.450(3).
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 7:060 - Security; control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. KRS 197.020 requires the Department of Correction to promulgate
				administrative regulations that include a requirement of a physical barrier
				between male and female prisoners. 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 security procedures to be followed in restricted custody
				centers.
Section 1. Policy and
			 Procedure.
(1) Each jailer shall develop a
			 written policy and procedure governing the security aspects of the center's
			 operation.
(2) If requested in
			 writing, the department may provide technical assistance to the jailer in
			 formulating written policy and procedure.
(3) The policies and procedures shall
			 include:
(a) Prisoner rules;
(b) Staffing;
(c) Searches of prisoner and of secure
			 areas;
(d) Visitation;
(e) Key and weapon control;
(f) Prisoner head counts;
(g) Movement of prisoners;
(h) Emergency situations;
(i) Center schedule; and
(j) Administering medication.
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 7:070 - Safety; emergency procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 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 safety and emergency procedures to be
				followed in restricted custody centers.
Section
			 1. Policy and Procedure.
(1) Each
			 center shall have a written policy and procedure that specifies fire prevention
			 practices to provide for the safety of prisoners, visitors, and jail employees.
			 The policy shall include:
(a) A fire emergency
			 planning session for jail employees at least quarterly;
(b) Maintaining written documentation of the
			 fire planning session including evacuation, fire drills, and other procedures
			 covered during this session;
(c) A
			 fire safety inspection by the department at least once a year;
(d) Inspection and testing of fire protection
			 equipment by a qualified person at least annually with visual inspections by
			 jail personnel monthly;
(e) Being a
			 tobacco-free facility; and
(f) An
			 evacuation plan coordinated with local fire officials and approved by the
			 department.
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 7:080 - Sanitation; hygiene

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				441.045,
				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 for proper sanitation and hygiene in restricted
				custody centers.
Section 1. Procedures.
(1) The jailer shall provide for:
(a) The control of vermin and pests; and
(b) Both solid and liquid waste
			 disposal.
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 7:080 - Sanitation; hygiene

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 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 for proper sanitation and
				hygiene in restricted custody centers.
Section
			 1. Procedures.
(1) The jailer
			 shall provide for:
(a) The control of vermin
			 and pests; and
(b) Both solid and
			 liquid waste disposal.
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 7:100 - Food services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. KRS 441.055 requires the Department of Corrections to promulgate
				administrative regulations establishing minimum standards for jails that house
				state prisoners. This administrative regulation establishes procedures for the
				delivery of proper food services in restricted custody centers.
Section 1. Procedures.
(1) The center shall comply with KRS 217.280
			 through 217.390 and  902 KAR 45:005.
(2) The jailer shall provide adult prisoners
			 with a nutritionally adequate diet containing at least 2,400 calories per
			 day.
(3) The jailer shall provide
			 for religious diets in accordance with  501 KAR 3:130 after review and approval
			 of a religious authority.
(4) The
			 jailer shall provide for medical diets if prescribed by a medical authority.
			 This shall include any special dietary requirements to ensure adequate
			 nutrition is provided for pregnant prisoners.
(5) The center shall maintain accurate
			 records of all meals served.
(6)
			 Food shall not be used for disciplinary purposes.
(7) A nutritionist or dietician shall approve
			 the nutritional value of the center menu on an annual basis.
(8) Jail personnel shall directly supervise
			 all food prepared within the center.
(9) All food shall be served under the direct
			 supervision of jail personnel.
(10)
			 The center shall have sufficient cold and dry food storage facilities if food
			 is prepared in the center.
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 7:110 - Classification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. KRS 197.020 requires the Department of Correction to promulgate
				administrative regulations that include a requirement of a physical barrier
				between male and female prisoners. KRS 441.055 requires the Department of
				Corrections to promulgate administrative regulations establishing minimum
				standards for jails that house state prisoners. This administrative regulation
				establishes the procedure for the classification of prisoners in restricted
				custody centers.
Section 1. Procedures.
(1) Each center shall develop an appropriate
			 prisoner classification system, which shall be included in the center's written
			 policy and procedure manual.
(2)
			 The classification system shall:
(a) Establish
			 guidelines for admission to the center and for transfer to the jail from the
			 center;
(b) Provide for the
			 separation of male and female prisoners by a physical barrier;
(c) Provide for a program evaluation of each
			 prisoner by jail personnel whenever there is a change in the prisoner's status;
			 and
(d) Prohibit discrimination or
			 segregation based on race, color, or national origin.
(3) Each center shall establish a procedure
			 for an appeal by the prisoner of his classification.
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 7:120 - Admission; searches and release

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. 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
				admission, search, and release procedures for restricted custody
				centers.
Section 1. Policy and
			 Procedure. Each center shall develop written admission, orientation, and
			 release procedures to be included in the center's policy and procedure
			 manual.
Section 2. Admission.
(1) Jail personnel shall ensure that each
			 prisoner is transferred under proper legal authority by a duly authorized
			 officer.
(2) Prisoner records shall
			 be delivered to the center when the prisoner is admitted. The admitting jail
			 personnel shall make certain that all required forms are complete and that
			 information is current.
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 7:130 - Prisoner programs; services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.055, 441.125, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations he or she deems necessary or
				suitable for the proper administration of the functions of the cabinet or any
				division in the cabinet, KRS 532.100(5)(d) requires the Department of
				Corrections to promulgate administrative regulations establishing required
				programs for a jail that houses state inmates under KRS 532.100(5). KRS 441.055
				requires the Department of Corrections to promulgate administrative regulations
				establishing minimum standards for jails that house state prisoners. This
				administrative regulation establishes procedures for prisoner programs and
				services.
Section 1. Programs.
(1) Written policy and procedure shall
			 provide that prisoner programs and services shall be available and include
			 social services, religious services, recreation and leisure time activities,
			 and library services.
(2) Prisoners
			 who perform work as authorized by KRS 441.125 may receive rewards in the form
			 of sentence reductions or other privileges, if granted by the proper
			 authority.
(3) Written policy and
			 procedures shall establish rules for prisoners as to acceptable means of
			 transportation to and from work, school, and programs.
(4) There shall be written procedures for the
			 verification and monitoring of the prisoner's employment status. A written
			 schedule shall be maintained for program release to include time of departure,
			 destination, telephone number and address of program location, and time of
			 return. Periodic monitoring of a prisoner's adherence to the approved schedule
			 shall occur.
(5) Written procedures
			 shall specify the monetary amount of reimbursement for room and board at the
			 center by the prisoner and the process by which these fees shall be collected
			 and used. Accurate records of receipts shall be maintained.
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 7:140 - Prisoner rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. 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.
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 7:150 - Training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055, 441.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
				secretary to promulgate administrative regulations necessary or suitable for
				the proper administration of the functions of the cabinet or any division in
				the cabinet. KRS 441.055(1) requires the Department of Corrections to
				promulgate administrative regulations establishing minimum standards for jails
				that house state prisoners and KRS 441.115 sets requirements to obtain training
				allowances. This administrative regulation establishes minimum training
				requirements for jail personnel.
Section
			 1. Information System. A jail shall maintain cumulative records on
			 the types and hours of training completed annually by jail personnel. The
			 records shall be maintained in a manner so that all of the records for a
			 specific jail employee may be readily retrieved and shall be entered into the
			 department training records management system.
(1) If the training is conducted by the
			 department, the department shall enter and maintain records of the training for
			 the jail personnel in the department's training records management
			 system.
(2) If the training is
			 conducted by someone other than the department, jail personnel who have been
			 trained to enter information into the department training records management
			 system shall enter the training information. Training information shall be
			 entered within ten (10) days of the training being completed. A jail employee
			 shall have access to his individual record.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 13 - Jail Standards for Life Safety Facilities › Section 501 KAR 13:010 - Life safety issues

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				67.900, 198B.650-198B.689, 217.280-217.390,
				441.005,
				441.045,
				441.055,
				441.560,
				532.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				441.055 requires the Department of Corrections to
				promulgate administrative regulations establishing minimum health and life safety
				standards for jails that do not house state prisoners. This administrative
				regulation sets forth procedures to provide protection for basic health and life
				safety in jails that do not house state prisoners.
Section 1. Definitions.
(1) "Department" is defined by
			 KRS
			 441.005(5).
(2) "Governing authority" means a county fiscal
			 court, urban-county government, charter county government, consolidated local
			 government, unified local government, or regional jail authority.
(3) "Jail" or "Life Safety Jail" means any county
			 jail and correctional or detention facility, including correctional facilities
			 defined by
			 KRS 67B.020, operated by
			 and under the supervision of a governing authority that does not house state
			 prisoners pursuant to
			 KRS
			 532.100.
(4) "Jail personnel" is defined by
			 KRS
			 441.005(6).
(5) "Medical authority" means the person or
			 persons licensed to provide medical care to prisoners in the jail's
			 custody.
(6) "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.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 13 - Jail Standards for Life Safety Facilities › Section 501 KAR 13:010 - Life safety issues

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 67.900, 198B.650-198B.689, 217.280-217.390,
				441.005, 441.045, 441.055, 441.560, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the
				Department of Corrections to promulgate administrative regulations establishing
				minimum health and life safety standards for jails that do not house state
				prisoners. This administrative regulation sets forth procedures to provide
				protection for basic health and life safety in jails that do not house state
				prisoners.
Section 1. Definitions.
(1) "Department" is defined by KRS 441.005(5).
(2) "Governing
			 authority" means a county fiscal court, urban-county government, charter county
			 government, consolidated local government, unified local government, or
			 regional jail authority.
(3) "Jail"
			 or "Life Safety Jail" means any county jail and correctional or detention
			 facility, including correctional facilities defined by KRS 67B.020, operated by
			 and under the supervision of a governing authority that does not house state
			 prisoners pursuant to KRS 532.100.
(4) "Jail personnel" is defined by KRS 441.005(6).
(5) "Medical authority"
			 means the person or persons licensed to provide medical care to prisoners in
			 the jail's custody.
(6)
			 "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.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 14 - Psychiatric or Forensic Psychiatric Facility Victim Notification System › Section 501 KAR 14:010 - Psychiatric or Forensic Psychiatric Facility Victim Notification System

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 202A.410, 439.3401
NECESSITY, FUNCTION, AND CONFORMITY: KRS 202A.410 requires the
				Department of Corrections to promulgate an administrative regulation for the
				notification of crime victims, judges, and witnesses who request notice of when
				an involuntarily committed person, who is charged with or convicted of a
				violent crime, is discharged or escapes from a psychiatric or forensic
				psychiatric facility.
Section 1.
			 Definitions.
(1) "Notification" means the
			 communication by telephone or email to the individual regarding the release or
			 escape of an involuntarily committed person.
(2) "Register" means the individual seeking
			 notice providing a telephone number or email through the VINE system to be
			 contacted when the involuntarily committed person is released or
			 escapes.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 15 - Death Benefit Claims › Section 501 KAR 15:010 - Definitions for 501 KAR Chapter 15

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.315(5) requires the Department
				of Corrections to promulgate administrative regulations to establish the criteria
				and procedures applicable to the administration of benefits paid on death of
				eligible corrections employees who have died in the line of duty. This
				administrative regulation provides the definition of terms used in 501 KAR Chapter
				15.
Section 1. Definitions.
(1) "Act in the line of duty" means, with respect
			 to an eligible corrections employee:
(a) An act or
			 omission to act; or
(b) A work-related
			 event involving the employee; or
(c) An
			 external force upon the employee while the employee is engaged in an action or duty
			 for which the employee is obligated or authorized by rule, administrative
			 regulation, condition of employment or service, or law to perform for corrections.
			 An employee's act shall not be in the line of duty if his or her the death is caused
			 by:
1. A nonwork-related disease or condition or a
			 routine work-related disease or condition common to the eligible employee's
			 occupation;
2. Intentional misconduct of
			 the eligible employee;
3. The eligible
			 employee's intention to bring about his death;
4. The eligible employee's willfulness or wanton
			 disregard that brings about his or her death;
5. The eligible employee's voluntary intoxication
			 if intoxication is a contributing factor in his or her death; or
6. If an action or omission of a beneficiary is a
			 substantial factor in the death of an eligible employee, recovery shall be precluded
			 as to that beneficiary only.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 15 - Death Benefit Claims › Section 501 KAR 15:020 - Filing and processing of death benefit claims

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.315(5) requires the Department
				of Corrections to promulgate administrative regulations providing criteria and
				procedures applicable to filing and processing of death benefit claims, to ensure
				the proper administration of benefits legally required to be paid to the proper
				party or parties on the death of eligible corrections employees who have died in the
				line of duty.
Section 1. Submission of Claim
			 by Proper Party. A death benefit claim shall be filed with the Office of the
			 Commissioner at the Department of Corrections, PO Box 2400, Frankfort, Kentucky
			 40602-2400. The commissioner's office shall determine the proper party to submit a
			 claim for death benefits in accordance with the following requirements:
(1) The claim shall be submitted and executed by
			 the claimant or the claimant's legally designated representative upon submission of
			 written proof of that designation.
(2)
			 If the claimant is under a disability in terms of mental or physical incapacity or
			 as a result of being a minor, then the claim shall be submitted and executed by the
			 claimant's legally-appointed guardian, committee, trustee or other legal
			 representative upon submission of written proof of the disability and proof of the
			 legal authority of representation by means of an affidavit, certified court record,
			 or other legal document.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:290 - Preliminary and post execution procedures concerning condemned person

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				72.025(5),
				196.030,
				196.070,
				196.180,
				431.213
				- 431.270, 532.130 - 532.140
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035 and
				197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the cabinet or any of its divisions.
				KRS
				431.220 establishes requirements for the execution
				of the death penalty. This administrative regulation establishes preliminary and
				post execution procedures concerning the condemned person.
Section 1. Initial Steps After Receipt of
			 Execution Order.
(1) After the warden receives the
			 execution order, the warden shall:
(a) Read the
			 execution order to the condemned person; and
(b) If the condemned person received his death
			 sentence prior to March 31, 1998, ask the condemned person to designate in writing
			 his choice of the method of execution pursuant to
			 KRS
			 431.220(1).
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:300 - Execution procedures concerning attorneys representing the condemned, witnesses, visitors, and demonstrators

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.030,
				196.070,
				196.180,
				431.213-431.270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035 and
				197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the cabinet or any of its divisions.
				KRS
				431.220 establishes requirements for the execution
				of the death penalty.
				KRS
				431.250 establishes persons who may attend the
				execution. This administrative regulation establishes preliminary and post execution
				procedures concerning witnesses, visitors, and demonstrators.
Section 1. Designation of Victim's Family to
			 Witness Execution.
(1) The commissioner shall mail
			 a letter to any of the victim's family described in
			 KRS
			 431.250 for whom the commissioner has received an
			 address.
(2) The letter sent to the
			 victim's family shall:
(a) State the scheduled
			 execution date; and
(b) Request the
			 victim's family member contact the commissioner to notify him in writing if he wants
			 to be considered for designation as a witness to the execution.
(3) The commissioner may seek an address for the
			 victim's family by:
(a) Review of the condemned
			 person's file; or
(b) Request made to
			 the Commonwealth's Attorney who maintains information concerning the victims of the
			 crime committed by the condemned person.
(4) The commissioner shall designate pursuant to
			 KRS
			 431.250 the three (3) members of the victim's
			 family who may witness the execution. If the commissioner receives more than three
			 (3) requests from members of the victim's family to witness the execution, the
			 commissioner shall:
(a) Give first preference to a
			 victim's spouse;
(b) Give second
			 preference to a victim's adult child; and
(c) Hold a drawing to select a witness if the
			 requests exceed three (3) after consideration of the preferences or if the requests
			 within a preference exceed three (3).
(5) A letter stating the commissioner's
			 designation shall be mailed to each member of the victim's family who is designated
			 to witness the execution.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:310 - Pre-execution medical actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270,
				532.135, 532.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections
				to promulgate administrative regulations necessary and suitable for the proper
				administration of the cabinet or any of its divisions. KRS 431.220 establishes
				requirements for the execution of the death penalty. This administrative
				regulation establishes medical actions to be performed after receipt of the
				execution order and prior to the execution.
Section
			 1. Pre-execution Medical Actions after Receipt of Execution Order.
(1) For the fourteen (14) days prior to an
			 execution, or for the remaining days if an execution order is received less
			 than fourteen (14) days prior to an execution:
(a) All medical documentation shall be made
			 in special notes in the condemned person's medical record.
(b) The department shall arrange for nurse
			 visits for the condemned person during each shift daily. The contacts and
			 observations from these nurse visits shall be recorded in the special notes of
			 the medical record referenced in paragraph (a) of this subsection. The nurse
			 notes shall state the presence or absence of signs of physical or emotional
			 distress observed.
(c) A licensed
			 psychologist shall:
1. Personally observe and
			 evaluate the condemned person five (5) days per week on Monday through
			 Friday;
2. Document his or her
			 observations and evaluations in the condemned person's medical record
			 immediately after personal contact with the condemned person;
3. Review the department medical records for
			 the condemned person for:
a. A diagnosis of an
			 intellectual disability as:
(i) Indicated by
			 the criteria in the Diagnostic and Statistical Manual (DSM);
(ii) Defined by the American Association on
			 Intellectual and Developmental Disabilities (AAIDD); or
(iii) Indicated by other similar prevailing
			 medical standards and clinical guidelines; or
b. An IQ test score of seventy-five (75) or
			 lower after adjustment for the applicable standard error of measurement;
			 and
4. Notify the warden
			 if any record is located that meets the criteria in subparagraph 3 of this
			 paragraph.
(d) The
			 designated medical professional shall review and sign the nursing documentation
			 referenced in paragraph (b) of this subsection daily.
(e) A psychiatrist shall review the nursing
			 documentation referenced in paragraph (b) of this subsection and any other
			 mental health or medical documentation weekly.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:320 - Execution team qualifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.030,
				196.070,
				196.180,
				431.213-431.270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035 and
				197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the Cabinet or any of its divisions.
				KRS
				431.220 establishes requirements for the execution
				of the death penalty. This administrative regulation establishes the qualifications
				for the execution team.
Section 1.
			 Selection of Execution Team.
(1) The warden of the
			 Kentucky State Penitentiary shall be a member of the execution team by virtue of his
			 official position.
(2) The warden shall
			 designate a deputy Warden to be a member of the execution team.
(3) All other members of the execution team shall
			 not be required to serve as members of the execution team without their
			 consent.
(4) An execution team member
			 shall read and understand the execution procedures. A review of the execution
			 procedures shall be conducted by the warden annually.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:330 - Lethal injection protocols

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.030,
				196.070,
				196.180,
				431.213
				- 431.270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035 and
				197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the Cabinet or any of its divisions.
				KRS
				431.220 establishes requirements for the execution
				of the death penalty. This administrative regulation establishes the protocols for
				execution by lethal injection.
Section 1.
			 Procurement, Storage, and Accountability of Execution Substances.
(1) Upon receipt of an execution order, the warden
			 shall check the supply of substances and their expiration dates. If a substance is
			 needed, the warden shall place an order to obtain the necessary substance for the
			 lethal injection protocol listed in Section 3 of this administrative
			 regulation.
(2) The substance shall be
			 stored according to any manufacturer's instructions and placed in a secured area of
			 the penitentiary in a locked container. The warden shall maintain control of the
			 keys to the secured areas and container.
(3) A log shall be maintained in the storage
			 container which shall record:
(a) New supply of a
			 substance received and added to inventory;
(b) Substance removed for use;
(c) Disposal of substance due to expiration;
			 and
(d) Any other reason that a
			 substance is removed or deducted from inventory.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 5 - Personnel; General › Section 502 KAR 5:020 - Code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 11A.015, 16.080(1), 16.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.080(1) requires the
				Commissioner of the Department of State Police to promulgate an administrative
				regulation for the conduct of officers of the department. This administrative
				regulation establishes the Kentucky State Police Code of Ethics.
Section 1. Definitions.
(1) "Conflict of interest" means that an
			 officer's private interests conflict with the officer's impartial conduct of
			 official duties and responsibilities in accordance with Section 3 of this
			 administrative regulation.
(2)
			 "Department" is defined by KRS 16.010(7).
(3) "Officer" is defined by KRS 16.010(4).
(4) "Related party"
			 means the spouse, parent, parent-in-law, sibling, sibling-in-law, child, or
			 cohabitant of an officer.
(5)
			 "Retailer" means the owners of an interest or beneficial interest in a retailer
			 or applicant to be a retailer, and their immediate family, partners, officers,
			 directors, employees, agents, and affiliates.
(6) "Vendor" means a person or entity the
			 employee has reason to believe may supply or seek to supply goods or services
			 to the department or other law enforcement agencies.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 10 - Driver Training › Section 502 KAR 10:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 332.015
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 332.216
				provide that the the Commissioner of the Department of Kentucky State Police
				may adopt such administrative regulations necessary to carry out the provisions
				of KRS Chapter 332. This administrative regulation establishes the definitions
				to be utilized in the driver training schools and instructors administrative
				regulations.
Section 1. Definitions.
(1) "Commissioner" is defined by KRS 332.015(2).
(2) "Driver training"
			 is defined by KRS 332.015(3).
(3)
			 "Driver training instructor" means any person who gives driver training or
			 offers a course of driver training for which a fee or tuition is
			 charged.
(4) "Place of business"
			 means a designated location at which the business of the driver training school
			 is conducted.
(5) "Branch office"
			 means an approved location where the business of the driver's school is
			 conducted, other than the principal place of business.
(6) "High school education or the equivalent
			 in experience" means any high school diploma or the ability to pass a General
			 Educational Development Test.