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.