reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:420 - Youthful offenders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.065,
				15A.0652,
				15A.067,
				196.280,
				197.045,
				200.080-200.120,
				439.265,
				439.267, Chapters 600-645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.065(1),
				15A.0652,
				15A.067,
				15A.160,
				605.150, and
				640.120 authorize the Justice
				and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
				administrative regulations for the proper administration of the cabinet and its
				programs. This administrative regulation establishes the requirements for
				youthful offenders in the custody of the department.
Section 1. Sentence, Admission, Transfer.
(1) A youthful offender sentenced to
			 confinement by a circuit court shall serve the sentence in a DJJ operated
			 facility, or approved or contracted facility, until one (1) of the events
			 listed in KRS
			 640.030 occurs.
(2) A youthful offender convicted and
			 awaiting classification placement shall:
(a)
			 Be placed within sixty (60) days of sentencing;
(b) Have contact from a DJJ representative at
			 least once per week while in a non-DJJ detention facility; and
(c) Be subject to DNA
			 collection.
(3) A
			 youthful offender shall be advised verbally and in writing, and sign an
			 acknowledgement regarding the requirements of
			 KRS
			 640.070 upon admission. A program shall
			 provide foreign language interpretation of the materials for the youthful
			 offender if a language barrier exists.
(4) Placement of a youthful offender shall be
			 in accordance with the Classification and Placement Manual incorporated by
			 reference in
			 505 KAR 1:100.
(5) If a youthful offender is transferred to
			 another facility, a new copy of the
			 KRS
			 640.070 acknowledgement shall be signed by
			 the youthful offender.
(6) DJJ
			 shall not extend jurisdiction for a youthful offender beyond the age of
			 eighteen (18) years and five (5) months except in special circumstances as
			 described by KRS
			 640.075(1).
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:030 - Personnel

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall adopt
			 and enforce written policies and procedures which:
(a) Provide for lateral entry as well as
			 promotion from within the organization;
(b) Require that a criminal record check be
			 conducted on new employees;
(c)
			 Require that a copy of all personnel policies and administrative regulations is
			 made available to all employees. Each employee shall sign a statement
			 acknowledging receipt of the personnel policies and administrative regulations
			 and his or her responsibility for being aware of their contents;
(d) Require a current and accurate personnel
			 record and separate health record for each employee;
(e) Provide for provisional appointments to
			 ensure the availability of personnel for short-term, full-time or part-time
			 work in emergency situations;
(f)
			 Provide for a written annual performance evaluation of all employees, which is
			 based on defined criteria and is reviewed and discussed with the
			 employee;
(g) Provide that
			 employees are reimbursed for all approved expenses incurred in the performance
			 of their duties; and
(h) Ensure
			 that consultants, contract personnel and volunteers who work with juveniles
			 comply with the facility's policies on confidentiality of
			 information.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:070 - Food service

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) There shall be
			 documentation that the facility's system of dietary allowance is reviewed at
			 least annually by a dietician or physician to ensure compliance with nationally
			 recommended food allowances.
(2)
			 Menu evaluations shall be conducted at least quarterly by facility food service
			 supervisory staff to verify adherence to the nationally recommended basic daily
			 servings.
(3) The facility shall
			 adopt and enforce written policies and procedures which:
(a) Require that food service staff develop
			 advanced, planned menus and substantially follow the schedule, and that in the
			 planning and preparation of all meals, food flavor, texture, temperature,
			 appearance and palatability are taken into consideration;
(b) Provide for special diets as prescribed
			 by appropriate medical or dental personnel;
(c) Provide for special diets for juveniles
			 whose religious beliefs require the adherence to religious dietary
			 laws;
(d) Preclude the use of food
			 as a disciplinary measure;
(e)
			 Require that at least three (3) meals, of which two (2) are hot meals, are
			 provided at regular meal times during each twenty-four (24) hour period, with
			 no more than fourteen (14) hours between the evening meal and breakfast.
			 Provided basic nutritional goals are met, variations may be allowed based on
			 weekend and holiday food service demands;
(f) Require that accurate records are
			 maintained of all meals served;
(g)
			 Specify that the food services comply with the applicable sanitation and health
			 codes as promulgated by federal, state and local authorities;
(h) Provide for:
1. Weekly inspection of all food service
			 areas, including dining and food preparation areas and equipment;
2. Sanitary, temperature-controlled storage
			 facilities for all foods; and
3.
			 Daily checks of refrigerator and water temperatures by administrative, medical
			 or dietary personnel.
(i) Ensure that the special food needs of
			 juveniles shall be accounted for in the overall program of the facility;
			 and
(j) Provide that staff members
			 provide supervision of juveniles during meals.
(4) A staff member, experienced in food
			 service management, shall supervise food service operations.
(5) The designated food service supervisor
			 shall receive training in food service operations before assuming this
			 responsibility.
(6) The food
			 service plan shall provide for a single menu for staff and juveniles.
(7) There shall be provisions for adequate
			 storage and loading areas and garbage disposal facilities.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:080 - Sanitation and hygiene

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall comply
			 with applicable federal, state and local sanitation and health codes.
(2) The facility shall adopt and enforce
			 written policies and procedures which:
(a)
			 Require weekly sanitation inspections of all facility areas;
(b) Provide for the control of vermin and
			 pests;
(c) Provide for waste
			 disposal;
(d) Require that articles
			 necessary for maintaining proper personal hygiene shall be provided to all
			 juveniles;
(e) Provide for the
			 issue of special and, when appropriate, protective clothing and equipment to
			 juveniles assigned to food service, hospital, farm, garage, physical plant
			 maintenance shops, and other special work;
(f) Provide for the issue of suitable clean
			 bedding and linens, to include two (2) sheets, pillow and pillowcase, one (1)
			 mattress and sufficient blankets to provide comfort under existing temperature
			 controls. There is provision for linen exchange at least weekly or more often
			 when health reasons dictate;
(g)
			 Specify accountability for clothing and bedding issued to juveniles;
			 and
(h) Provide an approved shower
			 schedule that allows daily showers and showers after strenuous
			 exercise.
(3) There
			 shall be a written housekeeping plan for the facility's physical
			 plant.
(4) The institution's
			 potable water source and supply, whether owned and operated by the public water
			 department or the institution, shall be approved by an independent, outside
			 source to be in compliance with jurisdictional laws and regulations;
(5) Hair care services may be made available
			 to juveniles.
(6) Youth shall have
			 three (3) complete sets of clean clothing, towels and wash cloths per
			 week.
(7) The stored supply of
			 clothing, linens and bedding shall exceed that required for the facility's
			 maximum juvenile population.
(8)
			 The institution shall provide for the thorough cleaning and, when necessary,
			 disinfecting of juveniles' personal clothing before storage or before allowing
			 the juvenile to keep and wear personal clothing.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:090 - Juvenile rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall adopt
			 and enforce written policies and procedures which:
(a) Provide that juveniles shall not be
			 subject to discrimination based on race, national origin, color, creed, sex, or
			 physical handicap;
(b) Provide each
			 juvenile freedom from discrimination based on race, religion, national origin,
			 sex, handicap or political beliefs, and equal access to various programs and
			 work assignments;
(c) Provide that
			 supervision and control of juveniles shall be exercised by staff;
(d) Provide that juveniles may participate in
			 religious services and religious counseling on a voluntary basis, subject only
			 to the limitations necessary to maintain order and security;
(e) Grant juveniles access to recreational
			 opportunities and equipment, including, when the climate permits, outdoor
			 exercise in facilities listed in the physical plant regulations in this
			 chapter;
(f) Ensure the right of
			 juveniles to have access to the courts;
(g) Exist to assist juveniles in making
			 confidential contact with attorneys and their authorized representatives. Such
			 contact includes, but is not limited to, telephone communications, uncensored
			 correspondence and visits;
(h)
			 Provide that juveniles are not subjected to corporal or unusual punishment,
			 humiliation, mental abuse or punitive interference with the daily functions of
			 living, such as eating or sleeping;
(i) Grant juveniles the right to receive
			 visits, subject only to the limitations necessary to maintain order and
			 security;
(j) Grant juveniles the
			 right to communicate or correspond with persons or organizations, subject only
			 to the limitations necessary to maintain facility order and security;
(k) Provide juveniles reasonable access to
			 the general public through the communications media, subject only to the
			 limitations necessary to maintain order and security and protect the juveniles'
			 rights. Media requests for interviews and any juvenile consent shall be in
			 writing;
(l) Authorize juveniles to
			 keep facial hair, if desired, except in individual cases where such
			 restrictions are necessary for reasons of health and safety; and
(m) Govern the possession of items of jewelry
			 that could be used to inflict bodily harm.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:100 - Training and staff development

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1. For the purposes of this administrative regulation:
(1) "Administrative-management personnel"
			 includes superintendents, deputy or assistant superintendents, business
			 managers, personnel directors, youth care supervisors and shift
			 supervisors;
(2) "Clerical support
			 employee" is defined as an employee who has minimum contact with juveniles
			 including, but not limited to, secretaries, clerks, typists, computer and
			 warehouse personnel, accountants and personnel staff;
(3) "Professional specialist" includes, but
			 is not limited to case managers, counselors, social workers, psychologists,
			 teachers, librarians, medical personnel, chaplains, and recreation
			 specialists;
(4) "Support employee"
			 is defined as an employee who has regular or daily contact with juveniles
			 including, but not limited to food, service, industry work supervisors, farm
			 work supervisors, maintenance work supervisors;
(5) "Training" is defined as an organized,
			 planned and evaluated activity designed to achieve specific learning
			 objectives;
(6) "Youth care and
			 supervision staff" is defined as all staff assigned to full-time youth care or
			 supervision duties.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:130 - Intake

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1. Only juveniles meeting the criteria provided in this regulation
			 shall be admitted to a detention facility.
(1)
(a) The
			 agency or individual seeking to place a juvenile in the facility shall present
			 one (1) of the following at the time of admission or the juvenile shall not be
			 accepted for admission:
1. A bench warrant
			 which includes the reason for the issuance of the warrant;
2. A commissioner's warrant; or
3. A court order.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:140 - Admission procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall adopt
			 and enforce written policies and procedures which:
(a) Govern the reception and orientation of
			 newly admitted juveniles;
(b)
			 Provide that juveniles receive orientation in their own language; completion of
			 orientation shall be documented by a statement that shall be signed and dated
			 by the juvenile; and
(c) Require
			 that a written, itemized list is made of all personal property in the
			 possession of a newly admitted juvenile; a copy of this list, which notes all
			 property that will be held until release, shall be given to the
			 juvenile.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:150 - Programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 requires the Department of Juvenile
				Justice to promulgate administrative regulations governing the operation of
				juvenile detention centers and juvenile holding facilities, including programs
				and services. This administrative regulation governs programs and services at
				juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The facility shall provide or make
			 available the following minimum services and programs consistent with federal
			 law to adjudicated and preadjudicated juveniles:
(a) An education program;
(b) Visitation with parents, guardians or
			 persons exercising similar custodial control or supervision;
(c) Private communication with visitors and
			 staff;
(d) Counseling;
(e) Continuous supervision of living
			 units;
(f) Medical
			 services;
(g) Food
			 services;
(h) Recreation and
			 exercise; and
(i) Reading
			 materials.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:160 - Communication: mail, visiting and telephone

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The volume of mail sent
			 or received by a juvenile shall not be limited unless it would be detrimental
			 to the juvenile's wellbeing or if there is evidence of criminal conduct
			 relating to the communications. If a facility provides postage to residents, it
			 may place a limit on the number of stamps provided to each resident. Resident
			 mail from incarcerated individuals at other facilities or correctional
			 institutions may be delivered, returned, or placed in the youth's
			 possessions.
(2) The facility shall
			 adopt and enforce written policies and procedures which:
(a) Provide that juvenile letters, both
			 incoming and outgoing, shall not be read, unless the letter could be
			 detrimental to the juvenile's wellbeing or there is evidence of criminal
			 conduct relating to the letters. If correspondence is read, the youth shall be
			 informed in advance and shall be present when the letter is opened, and the
			 action shall be documented;
(b)
			 Govern inspection of juvenile letters or packages for money or
			 contraband;
(c) Require that all
			 cash received through the mail is held for the juvenile in accordance with the
			 procedures approved by the governing authority;
(d) Require that incoming and outgoing mail
			 shall be held for no more than twenty-four (24) hours, and packages for no more
			 than forty-eight (48) hours, excluding weekends and holidays;
(e) Specify that juveniles are permitted to
			 send sealed letters to a specified class of persons and organizations,
			 including, but not limited to: courts, counsel, officials of the confining
			 authority, administrators of grievance systems and members of the releasing
			 authority;
(f) Allow the facility
			 to provide postage for the mailing of two (2) letters per week for each
			 juvenile, if requested, excluding legal correspondence;
(g) Govern visiting and are reviewed annually
			 and updated if needed;
(h) Provide
			 that juvenile visitation facilities permit informal communication, including
			 opportunity for physical contact, if possible;
(i) Specify that visitors register upon entry
			 into the facility and the circumstances under which visitors are
			 searched;
(j) Govern special
			 visits;
(k) Provide for juvenile
			 access to the telephone to make and receive personal calls, within the limits
			 of the orderly operation of the facility;
(l) Provide for the forwarding of first-class
			 letters and packages after transfer or release; and
(m) Govern juvenile access to
			 publications.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:170 - Release preparation and transfer programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1. The facility shall adopt and enforce written procedures for
			 releasing juveniles which shall include the following:
(1) Verification of identity;
(2) Verification of release papers;
(3) Completion of release arrangements,
			 including the person or agency to whom the juvenile is to be
			 released;
(4) Return of personal
			 effects;
(5) Completion of
			 grievances, claims for damages or lost possessions, or other pending
			 actions;
(6) Medical screening and
			 arrangements for community follow-up when needed;
(7) Transportation arrangements;
			 and
(8) Instructions on forwarding
			 of mail.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:180 - Citizen and volunteer involvement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall
			 establish and enforce written policies and procedures which:
(a) Provide for securing citizen involvement
			 in programs, including roles as advisors and interpreters between the program
			 and the public, direct services and cooperative endeavors with juveniles under
			 supervision;
(b) Specify the lines
			 of authority, responsibility and accountability for the volunteer services
			 program;
(c) Provide for the
			 screening and selection of volunteers, allowing for recruitment from all
			 cultural and socioeconomic segments of the community;
(d) Provide a system for identification of
			 volunteers while they are in the facility; and
(e) Provide that the administrator curtails,
			 postpones or discontinues the services of a volunteer or volunteer organization
			 when there are substantial reasons for doing so.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:190 - Waiver of compliance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 requires the Department of Juvenile
				Justice to promulgate administrative regulations governing the operation of
				juvenile detention centers and juvenile holding facilities. This administrative
				regulation establishes a waiver process for compliance with rated capacity
				limits at juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The Department of Juvenile Justice may
			 grant a waiver of the rated capacity for an existing facility if it determines:
(a) That strict compliance may cause
			 unreasonable difficulties in securing housing for juvenile offenders;
			 and
(b) That a waiver does not
			 seriously affect the security, supervision of juveniles, programs, or the safe,
			 healthful, or efficient operation of the facility.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:210 - Application for construction, expansion or renovation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1. Purpose. The purpose of this administrative regulation is to
			 provide minimum standards for the construction, expansion or renovation of
			 juvenile detention facilities and for measuring compliance of existing juvenile
			 detention facilities in accordance with
			 505 KAR 2:010 through
			 505 KAR
			 2:200.
Section
			 2. Consultation. The Department of Juvenile Justice may upon
			 request provide for any county government which wishes to remodel an existing
			 juvenile detention facility or construct a new juvenile detention facility, a
			 consultant knowledgeable in the design, utilization, and operation of juvenile
			 detention facilities. The consultant shall meet with the appropriate officials
			 of that county and advise them in matters including the following:
(1) Site selection;
(2) Probable need as it relates to capacity
			 and types of juveniles to be housed;
(3) Sources of financing for
			 construction;
(4) Laws and
			 administrative regulations relating to facilities for juveniles;
(5) Sources of revenue for operations of the
			 juvenile detention facility;
(6)
			 Probable cost for operation of the juvenile detention facility; and
(7) Potential for shared facilities with
			 adjoining counties.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:220 - Registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1. The following information, as defined, shall be included in the
			 registration:
(1) "Agency administrator"
			 means the person responsible for the day-to-day operation of the
			 facility.
(2) "Agency director"
			 means the person who oversees the operation of the facility and reports to the
			 governing authority.
(3) "Bed
			 capacity" means the total number of beds and their allotment as requested in
			 505
			 KAR 2:210, Section 4.
(4) "Client information" means the type of
			 youth served and average length of detention for each type. Types include, but
			 are not limited to, the following:
(a) Public
			 offenders;
(b) Status
			 offenders;
(c) Nonoffenders
			 (dependent, neglected, abused);
(d)
			 Preadjudicative; and
(e)
			 Postadjudicative.
(5)
			 "Contact person" means the agency administrator or the person designated by the
			 agency administrator as liaison with the Department of Juvenile
			 Justice.
(6) "Facility identifier"
			 means the name of the juvenile detention facility.
(7) "Fiscal" means those agencies and
			 organization that allot funds for operation of the facility.
(8) "Governing authority" means the
			 organization ultimately responsible for ownership of the facility. This may be
			 the county fiscal court, the city council or board of directors or
			 trustees.
(9) "Physical plant"
			 means the floor plans or a copy of the floor plans if any changes have been
			 made after prior filing with the Department of Juvenile Justice.
(10) "Programming" means the listing of all
			 services and programming of the facility such as medical or
			 education.
Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:230 - Additional standards for juvenile holding facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The facility shall
			 maintain separation between juveniles and adults so that there is no sustained
			 sight or sound contact between juveniles and incarcerated adults in the
			 facility. Separation shall be achieved architecturally in residential areas,
			 and may be achieved through time-phasing in indoor recreation, outdoor
			 recreation, education and dining areas, and other nonresidential
			 areas.
(2) Adult inmates shall not
			 be permitted in any juvenile residential areas under any
			 circumstances.
(3) Adult inmates
			 shall not, under any circumstances, be permitted in any common use
			 non-residential areas when juveniles are present in such areas.
(4) If juveniles share programming space with
			 adult inmates, or must travel through the adult area of the facility to access
			 any juvenile area, the facility shall have a written policy and corresponding
			 procedures outlining the process that shall be used to ensure that juveniles
			 remain sight and sound separated from adults when moving to and from activities
			 in common areas or facilities shared with the adult inmates, and while
			 participating in activities in these areas.
(5) The facility shall have completely
			 separate juvenile and adult programs. The facility shall adopt written policies
			 and procedures that are completely separate from those developed for the adult
			 portion of the facility.
(6) The
			 jailer shall appoint an individual to serve as the supervisor of the juvenile
			 holding facility. Except for the jailer, who is responsible for the entire jail
			 operation, all management, security, and direct care staff for the juvenile
			 holding facility shall be completely separate from that for the adult facility.
			 Staff providing medical care, food service, laundry, maintenance, engineering,
			 and other specialized services, may serve both the adult and juvenile
			 populations.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 3 - Property Acquisition and Uniform Relocation › Section 600 KAR 3:020 - Grave relocation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 176, 177, 381, 183.120
NECESSITY, FUNCTION, AND CONFORMITY: In the course of
				constructing or reconstructing transportation facilities, cemeteries or graves
				on occasion need to be relocated. This administrative regulation sets forth the
				provisions for relocation of cemeteries or graves from state-owned
				property.
Section 1. Notification of
			 Next-of-kin.
(1) The Transportation Cabinet
			 shall make every effort to locate the next-of-kin of those interred in the
			 cemetery to be relocated.
(2) If
			 there are unidentified remains or if a next-of-kin cannot be located, the
			 Transportation Cabinet shall publish its intention to relocate graves in the
			 local newspapers. This public notice shall:
(a) Include the name and location of the
			 cemetery to be relocated;
(b)
			 Request assistance from anyone having knowledge of persons buried in the
			 cemetery of their next-of-kin; and
(c) Be published once each week for a period
			 of sixty (60) days in all local newspapers that are published at least
			 weekly.
(3) If the
			 next-of-kin cannot be located after these efforts, the Transportation Cabinet
			 shall request authorization from the court of competent jurisdiction to
			 relocate the grave.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 3 - Property Acquisition and Uniform Relocation › Section 600 KAR 3:030 - Relocation or reconstruction of utility and rail facilities; recordkeeping and audit requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 177.035, 177.170, 177.430(5), 179.265,  23 C.F.R. 140, 645, 646, 48 C.F.R. 31
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.430(5) authorizes
				the cabinet to promulgate administrative regulations relating to utilities on a
				turnpike project. This administrative regulation establishes the audit
				methodology to be used by a cabinet auditor for auditing reimbursable expenses
				incurred by a railroad or utility under an agreement with the Transportation
				Cabinet; establishes the requirements for keeping financial records; and
				requires all utilities and railroads contracting with the cabinet to comply
				with the federal regulations.
Section
			 1. Utility's Eligible Costs.
(1)
			 The eligible costs a utility incurs in participating in a highway construction
			 project by providing relocation or reconstruction of its facility shall be
			 governed by  23 C.F.R. 645.
(2) A
			 cost not in compliance with  23 C.F.R. 645  shall be disallowed.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:020 - Transportation Cabinet employee responsibilities in the implementation of KRS 45A.800 to 45A.835

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 11A, 45A.800-45A.835
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets forth the responsibility of the Transportation Cabinet
				employees when establishing the need for, negotiation of, or contracting for
				professional engineering or related services or implementing the provisions of
				KRS 45A.800 to 45A.835.
Section 1.
			 Transportation Cabinet Employee Responsibilities. All cabinet personnel engaged
			 in the procurement of engineering or related services or the implementation of
			 the provisions of KRS 45A.800 to 45A.835 shall comply with the following:
(1) Consider the interests of the
			 Commonwealth of Kentucky and the cabinet first when contracting for
			 professional services;
(2) Request
			 and accept assistance from other cabinet and state personnel as required
			 without allowing it to impair the dignity and responsibility of the employee's
			 position;
(3) Seek to obtain the
			 maximum value for each dollar spent for professional services;
(4) Strive for honesty and truth in
			 contracting;
(5) Denounce all forms
			 of bribery or favors;
(6) Invite
			 all firms to submit their qualifications for consideration by the
			 cabinet;
(7) Assist other cabinet
			 personnel in the contracting for professional services as necessary;
			 and
(8) Comply with both the letter
			 and the spirit of KRS 45A.340 and to the Cabinet's Official Order Number 94902
			 regarding conflict of interest. This official order is incorporated by
			 reference in  600 KAR 6:060.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:030 - Federal requirements for contracts for engineering or engineering-related services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.800-45A.835,  23 C.F.R. 172, 49 C.F.R. 18
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
				the Transportation Cabinet to promulgate administrative regulations to
				implement the procurement of engineering services pursuant to KRS 45A.800 to
				45A.835. This administrative regulation establishes the federal requirements to
				be followed by the Transportation Cabinet relating to contracts for engineering
				or engineering-related services.
Section
			 1. Federal Regulatory Requirements.
(1) If a highway project is funded in part by
			 federal-aid funds, the cabinet shall be regulated by Title 23 of the United
			 States Code and by  23 C.F.R. 172 and  49 C.F.R. 18  in regard to the selection of
			 a consultant.
(2) The cabinet shall
			 submit justification and receive approval from the FHWA before using the
			 noncompetitive negotiated method of contracting if federal-aid highway funds
			 are used in the contract. A contract in which federal-aid highway funds may be
			 awarded by noncompetitive negotiation shall be limited to contracts for which
			 FHWA approval has been received if:
(a) The
			 service is available only from a single source;
(b) There is an emergency which will not
			 permit the time necessary to conduct competitive negotiations; or
(c) After solicitation of a number of
			 sources, competition is determined to be inadequate.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:040 - Prequalification of firms for engineering or engineering-related services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 11A, 45A.800-45A.838, 121.056(2),  23 C.F.R. 172, 49 C.F.R. 18, 23 U.S.C. 112(b)(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
				the Transportation Cabinet to promulgate administrative regulations to
				implement its procurement of engineering or engineering-related services
				pursuant to KRS 45A.800 to 45A.838. KRS 45A.838 requires the cabinet to
				promulgate administrative regulations designating the type of project and a
				prequalified pool of firms established for each particular project. This
				administrative regulation establishes the procedure and standards for the
				prequalification of firms for engineering or engineering-related services while
				implementing the provisions of KRS 45A.800 to 45A.838.
Section 1. Application for Prequalification
			 of Engineering or Engineering-Related Services.
(1) A firm applying for prequalification
			 shall complete one (1) or more of the following forms as applicable to the
			 categories for which prequalification is desired:
(a) Consulting Engineer and Related Services
			 Prequalification Application, TC Form 40-1;
(b) Prequalification Requirements for
			 Geotechnical Drilling Services, TC Form 66-209;
(c) Prequalification Requirements for
			 Geotechnical Engineering Services, TC Form 66-210; or
(d) Prequalification Requirements for
			 Geotechnical Laboratory Testing Services, TC Form 66-211.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:065 - Pooling of engineering or engineering-related services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.800-45A.835, 45A.838,  23 C.F.R. 172, 23 U.S.C. 112, 121, 304, 315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.838 requires the
				Transportation Cabinet to promulgate administrative regulations relating to the
				establishment and operation of a pool of firms to provide professional contract
				services. This administrative regulation establishes the procedure to be used
				by the Transportation Cabinet if pooling firms as it relates to engineering or
				engineering-related services.
Section
			 1. Project Types Utilizing Pooling of Engineering or
			 Engineering-related Services.
(1) The
			 following project types shall utilize a pool of firms to provide the
			 engineering or engineering-related services:
(a) Transportation planning;
(b) Structure design;
(c) Aeronautics;
(d) Traffic engineering;
(e) Environmental services;
(f) Geotechnical services;
(g) Bridge maintenance services;
(h) Construction engineering
			 services;
(i) Multimodal;
(j) Road design; and
(k) Similar highway related
			 services.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:070 - Contracting for engineering or engineering-related services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.800-45A.835, 45A.838,  23 C.F.R. 172, 23 U.S.C. 112, 121, 304, 315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
				the Transportation Cabinet to promulgate administrative regulations to
				implement its procurement of engineering or engineering-related services
				pursuant to KRS 45A.800 to 45A.835. KRS 45A.838 requires the cabinet to
				promulgate administrative regulations to establish requirements for
				establishing and operating a pool of firms to provide professional contract
				services. This administrative regulation sets forth the procedure to be used by
				the Transportation Cabinet to select engineering or engineering-related
				services while implementing the provisions of KRS 45A.800 to 45A.835.
Section 1. Methods of Contracting with
			 Consultants.
(1) The following methods of
			 contracting with a consultant shall be used:
(a) Lump sum;
(b) Cost plus a fixed fee;
(c) Specific rate of compensation;
(d) Cost per unit of work; or
(e) Other contract method approved by
			 FHWA.
Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:080 - Financial records and audits or other engagement of firms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.800-45A.835,  23 C.F.R. 172, 48 C.F.R. 30, 31, Chapter 99, 23 U.S.C. 112(b)(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
				the Transportation Cabinet to promulgate administrative regulations to
				implement its procurement of engineering or engineering-related services
				pursuant to KRS 45A.800 to 45A.835. The U.S. Department of Transportation
				requires all engineering or engineering-related projects that it funds to be
				subject to the cost principles or accounting standards established in  48 C.F.R. 30, 31, and Chapter 99. This administrative regulation establishes the
				methodology to be used by a cabinet auditor for an engineering or
				engineering-related service agreement entered into by the cabinet pursuant to
				KRS 45A.800 to 45A.835; establishes the requirements for keeping financial
				records; and requires all firms contracting with or prequalified by the cabinet
				to comply with the federal regulations.
Section
			 1. Definitions.
(1) "Common
			 control" means a situation in which a related party has direct or indirect
			 control over the management, operating, or financial policies of the related
			 entity, and may exist by ownership, contract, or other methods even if a
			 related party owns less than fifty (50) percent of the related
			 entity.
(2) "Other engagement"
			 means an examination, review, or agreed-upon procedures engagement or a
			 compilation conducted in accordance with Government Auditing Standards
			 available at the Government Accountability Office,
www.gao.gov
., or the standards issued by the American
			 Institute of Certified Public Accountants,
www.aicpa.org
., including:
(a) Statements on Auditing
			 Standards;
(b) Statements on
			 Standards for Attestation Engagements; or
(c) Statements on Standards for Accounting
			 and Review Services.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:005 - Safety administrative regulation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				138.665,
				174.400 -
				174.425, 281.600, 281.730, 281.750, 281.880, Chapter 281A, 49 C.F.R. Parts 40,
				107, 130, 171 - 173, 175, 177, 178, 180, 350, 381 - 385, 390-397, 1572
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				174.410(2) requires the
				Secretary of the Transportation Cabinet, in consultation with the Secretary of
				the Energy and Environment Cabinet and the Secretary of the Cabinet for Health
				and Family Services, to adopt the Federal Hazardous Materials Transportation
				Regulations, 49 C.F.R. (1978), in order to effectively carry out the intent of
				KRS 174.400
				through
				174.425
				relating to the transportation of hazardous materials by air or highway.
				KRS
				174.410(3) requires the
				Transportation Cabinet and the Justice and Public Safety Cabinet to cooperate
				with and assist the Energy and Environment Cabinet in the implementation and
				enforcement of the transportation provisions of any state hazardous waste
				regulations promulgated pursuant to KRS Chapter 224.
				KRS
				281.600 authorizes the Transportation Cabinet
				to promulgate administrative regulations relating to safety requirements for
				motor vehicles and the method of operation, including adoption of any federal
				motor carrier safety regulations. This administrative regulation establishes
				requirements for motor carriers operating in Kentucky. This administrative
				regulation establishes requirements related to exemptions from medical
				examination for private motor carriers of passengers that are more stringent
				than the requirements in
				49 C.F.R.
				391.68(c), which allows
				these carriers to avoid medical examination. Kentucky does not allow these
				medical waivers.
Section 1.
			 Definitions.
(1) "Daylight hours" means that
			 period of time one-half (1/2) hour before sunrise through one-half (1/2) hour
			 after sunset.
(2) "Farm-to-market
			 agricultural transportation" means the operation of a motor vehicle that is
			 controlled and operated by a farmer who, as a private motor carrier, is using a
			 vehicle:
(a)
1. To transport agricultural products from
			 his or her farm;
2. To transport
			 farm machinery or farm supplies to his or her farm; or
3. Generally thought of as farm machinery;
			 and
(b) That is not
			 transporting hazardous materials of a type or quantity that requires the
			 vehicle to be marked or placarded in accordance with this administrative
			 regulation.
(3)
			 "Hazardous material" is defined in
			 49
			 C.F.R. 390.5.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:020 - Permit for hauling industrial materials; fee; bond

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.221,
				189.222,
				189.271
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.271 empowers the Transportation Cabinet
				to promulgate administrative regulations to implement the provisions as set
				forth therein for the issuance of a special permit to the owner, operator, or
				lessee of a motor vehicle for the purpose of hauling industrial materials whose
				gross weight, or dimensions, including vehicle and load, exceeds the limits set
				forth in or fails to comply with the requirements of KRS Chapter 189.
Section 1. Application.
(1) All applications for an industrial haul
			 permit authorized by
			 KRS
			 189.271 shall be on forms prescribed and
			 furnished by the Transportation Cabinet. Such forms shall be available at any
			 highway district office.
(2) An
			 application for an industrial haul permit shall be submitted to the highway
			 district office having jurisdiction over the major portion of the proposed haul
			 routes and shall be accompanied by a transportation plan.
(3) The transportation plan shall be prepared
			 and submitted by the applicant and shall indicate and identify by route number
			 the highways on the state maintained road system over which the applicant will
			 transport industrial materials.