Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:010 - Definitions for 501 KAR Chapter 3

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 67A.028, 67B.020(1), 441.005, 441.045, 441.055,
				Ky. Const. Sec. 99, 152,  42 U.S.C. 15601-15609
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 3,
				regulating full-service jail facilities.
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) "Ceiling" means the overhead area in any
			 area of the jail which is below the secure deck.
(3) "Cell" means an area for housing no more
			 than two (2) prisoners.
(4)
			 "Commissioner" is defined by KRS 196.010(2).
(5) "Dayroom" means a secure area with
			 controlled access from the prisoner living area, to which prisoners may be
			 admitted for daytime activities including dining, bathing, and selected
			 recreation or exercise.
(6) "Deck"
			 means the secure overhead area of the jail, which is part of the security
			 perimeter.
(7) "Department" is
			 defined by KRS 441.005(5).
(8)
			 "Detoxification area" means an area used to hold one (1) or more chemically
			 impaired persons temporarily during the detoxification process until they can
			 care for themselves.
(9) "Direct
			 supervision area" means an area used to house seventy (70) or fewer prisoners
			 in which jail personnel is always present and directly supervising the
			 prisoners.
(10) "Dormitory" means:
(a) An area equipped for housing not less
			 than three (3) nor more than thirty-six (36) persons; or
(b) If in a direct supervision area, an area
			 equipped for housing not more than seventy (70) persons.
(11) "Full-service jails" means jails that
			 may house state prisoners pursuant to KRS 441.055 and that meet the standards
			 established by 501 KAR Chapter 3.
(12) "Governing authority" means a county
			 fiscal court, urban-county government, charter county government, consolidated
			 local government, unified local government, or regional jail
			 authority.
(13) "Jail" means a jail
			 as defined by KRS 441.005(1) or a regional jail as defined by KRS 441.005(7).
(14) "Jail
			 administrator" means the official appointed by a regional jail authority and
			 charged with the responsibility of administering the regional jail.
(15) "Jail personnel" is defined by KRS 441.005(6).
(16) "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 jail;
(b) A department as defined by KRS 67B.020(1); or
(c) A correctional
			 services division as created by KRS 67A.028.
(17) "Medical authority" means the person or
			 persons licensed to provide medical care to prisoners in the jail's
			 custody.
(18) "Passive Holding
			 Area", "Diversion Holding Area", or "Temporary Holding Area" means an area used
			 to hold one (1) or more persons temporarily while awaiting processing, booking,
			 court appearance, or discharge, or until they can be moved to a general housing
			 area.
(19) "Pat" or "frisk" means a
			 manual search of a clothed person and includes a visual inspection of the open
			 mouth.
(20) "Penal type" means
			 furnishings, fixtures, and equipment approved by the department.
(21) "PREA" means the Prison Rape Elimination
			 Act,  42 U.S.C. 15601-15609.
(22)
			 "Prisoner" is defined by KRS 441.005(3).
(23) "Prisoner living area" means a group of
			 rooms or cells that provide housing for the prisoner population.
(24) "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.
(25) "Religion Reference Manual" means the
			 Kentucky Department of Corrections Religion Reference Manual incorporated by
			 reference in  501 KAR 6:080.
(26)
			 "Sally port" means a covered vehicular drive-through, located adjacent to the
			 jail intake area.
(27) "Security
			 area" means a defined space whose physical boundaries have controlled ingress
			 and egress.
(28) "Security
			 vestibule" means a defined space that promotes security by the use of two (2)
			 or more doors used to contain and observe those who pass.
(29) "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.
(30) "Sick call" means the evaluation and
			 treatment of an ambulatory patient in a clinical setting, either on or off site
			 of the jail, by the medical authority.
(31) "Special Needs Area" means an area used
			 to hold one (1) prisoner for observation when displaying violent, erratic, or
			 suicidal behavior or expressing suicidal ideations.
(32) "Strip search" means a body search
			 during which a person is required to open or remove clothing, during which a
			 person is subject to visual inspection of the torso, female breast, genital
			 area, anal area, and other body cavities.
(33) "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.