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

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				67.900,
				67A.028,
				67B.020(1),
				441.045,
				441.055,
				Ky. Const. Sec. 99, 152
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				441.055(1) requires the
				Department of Corrections to promulgate administrative regulations establishing
				minimum standards for jails that house state prisoners. This administrative
				regulation establishes definitions for 501 KAR Chapter 7, regulating restricted
				custody centers.
Section 1. Definitions.
(1) "Automatic fire extinguishing system" means an
			 approved system of devices and equipment that automatically detects a fire and
			 discharges an approved fire extinguishing agent onto or in the area of a fire in
			 accordance with
			 815 KAR
			 7:120.
(2)
			 "Department" is defined by
			 KRS
			 441.005(5).
(3) "Governing authority" means a county fiscal
			 court, urban-county government, charter county government, consolidated local
			 government, unified local government, or regional jail authority.
(4) "Jail administrator" means the official
			 appointed by a regional jail authority and charged with the responsibility of
			 administering the regional jail.
(5)
			 "Jailer" means:
(a) The official duly elected or
			 appointed pursuant to Section 99 or 152 of the Kentucky Constitution, charged with
			 the responsibility of administering the center;
(b) A department as defined by
			 KRS
			 67B.020(1);
(c) A correctional services division as created by
			 KRS
			 67A.028; or
(d) Jail administrator.
(6) "Jail personnel" is defined by
			 KRS
			 441.005(6).
(7) "Medical authority" means the person or
			 persons licensed to provide medical care to prisoners in the jail's
			 custody.
(8) "Pat" or "frisk" means a
			 manual search of a clothed person and includes a visual inspection of the open
			 mouth.
(9) "Prisoner" is defined by
			 KRS
			 441.005(3).
(10) "Prisoner living area" means a group of rooms
			 or cells which provide housing for the prisoner population.
(11) "Probing of body cavities" means a manual or
			 instrument search of a person's oral, anal, vaginal, or other body cavity, performed
			 by medical personnel.
(12) "Restricted
			 custody center" or "center" means a facility or area separate from the jail used for
			 the housing of:
(a) Sentenced prisoners who have
			 been approved for educational, work, or program participation release; and
(b) Pretrial prisoners who have been approved by
			 the court for educational, work, or program participation release.
(13) "Security area" means a defined
			 space whose physical boundaries have controlled ingress and egress.
(14) "Sexually abusive conduct" means:
(a) Sexual contact, sexual intercourse, and
			 deviate sexual intercourse, as defined by
			 KRS
			 510.010;
(b) Sexual abuse as defined by
			 28 C.F.R.
			 115.6; and
(c) Other types of similar sexually based
			 conduct.
(15) "Strip search"
			 means a body search during which a person is required to open or remove clothing,
			 and during which a person is subject to visual inspection of the torso, female
			 breast, genital area, and anal area, as well as other body cavities.
(16) "Telehealth" means the use of interactive
			 audio, video, or other electronic media to deliver health care. It includes the use
			 of electronic media for diagnosis, consultation, transfer of health or medical data,
			 and continuing education.