reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 1 - Kentucky Parole Board › Section 501 KAR 1:080 - Parole board policies and procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				439.310 - 439.440, 532.040 - 532.060,
				532.400.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				439.340(3)(b) requires the Parole
				Board to promulgate administrative regulations with respect to the conduct of parole
				and parole revocation hearings and other matters that come before the board, and
				conditions to be imposed upon parolees. This administrative regulation establishes
				the policies and procedures for the Parole Board.
Section
			 1. Incorporation by Reference.
(1)
			 "Kentucky Parole Board Policies and Procedures", October 13, 2015, are incorporated
			 by reference. Kentucky Parole Board Policies and Procedures include:
KYPB 10-00
Parole Board Hearing Process (Amended 10/13/2015)
KYPB 10-01
Parole Release Hearings (Amended 10/13/2015)
KYPB 11-00
Conditions of Parole (Amended 10/13/2015)
KYPB 12-00
Final Discharge of Parole and Payment of Restitution
							 (Amended 10/13/2015)
KYPB 13-00
Revocation of Parole: Issuance of Warrants (Amended
							 10/13/2015)
KYPB 13-01
Revocation of Parole: Preliminary Hearings (Amended
							 10/13/2015)
KYPB 13-02
Revocation of Parole: Final Hearings and Dispositions
							 (Amended 10/13/2015)
KYPB 13-03
Revocation: Youthful Offenders (Amended 2/14/2011)
KYPB 13-04
Revocation of Parole: Good Cause Hearings (Amended
							 12/6/2011)
KYPB 14-00
Public and Legislative Relations (Amended
							 2/14/2011)
KYPB 20-00
Mandatory Reentry Supervision Orders (Amended
							 10/13/2015)
KYPB 21-00
Conditions of Mandatory Reentry Supervision (Amended
							 10/13/2015)
KYPB 22-00
Final Discharge from Mandatory Reentry Supervision
							 (Amended 10/13/2015)
KYPB 23-00
Revocation of Mandatory Reentry Supervision: Issuance of
							 Warrants (Amended 10/13/2015)
KYPB 23-01
Revocation of Mandatory Reentry Supervision: Preliminary
							 Hearings (Amended 10/13/2015)
KYPB 23-02
Revocation of Mandatory Reentry Supervision: Final
							 Hearings (Amended 10/13/2015)
KYPB 30-00
Revocation of Postincarceration Supervision: Issuance of
							 Warrants (Amended 10/13/2015)
KYPB 30-01
Revocation of Postincarceration Supervision: Preliminary
							 Hearings (Amended 10/13/2015)
KYPB 30-02
Revocation of Postincarceration Supervision: Final
							 Hearings (Amended 10/13/2015)
(2) This
			 material may be inspected, copied, or obtained, subject to applicable copyright law,
			 at the Kentucky Parole Board, 275 Main Street, 2nd Floor, 40602, telephone (502)
			 564-3620, fax (502) 564-8995, Monday through Friday, 8 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 2 - Class D and Class C Felons › Section 501 KAR 2:030 - Administration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				532.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				523.100(4) requires the
				Department of Corrections to house qualifying Class D and Class C felons in county
				jails. This administrative regulation establishes the division responsible for the
				administration of the program.
Section 1.
			 This program shall be administered by the Division of Local Facilities.
STATUTORY AUTHORITY:
				  KRS
				  196.035,
				  197.020,
				  532.100
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 2 - Class D and Class C Felons › Section 501 KAR 2:040 - Waivers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				532.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				532.100(4) requires the
				Department of Corrections to grant a waiver to any county that chooses not to house
				Class D and Class C felons in its county jail. This administrative regulation
				establishes the process for a county to request a waiver from the department and the
				effect of the waiver on that county's Class D and Class C felons.
Section 1. Request for Waivers; Effect of Waivers.
(1) The waiver request shall be made in writing
			 and signed by the county judge executive and jailer.
(2) Once granted, the wavier shall remain in
			 effect until terminated. To request termination of the waiver, the county shall
			 provide the department a request in writing, and signed by the county judge
			 executive and jailer, to terminate the waiver. The department shall provide notice
			 to the county when the waiver is terminated.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 2 - Class D and Class C Felons › Section 501 KAR 2:050 - Transfer requests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(6) establishes
				the circumstances in which a jailer may request the Department of Corrections
				to transfer a Class D or Class C felon housed in the jail to a state
				correctional institution. This administrative regulation establishes the
				process for the jailer to request a transfer.
Section 1. Transfer Requests.
(1) To request a transfer of a Class D or
			 Class C felon housed in a jail to a state correctional institution pursuant to
			 KRS 532.100(6), the jailer shall:
(a) Request
			 the transfer on an "Inmate Priority Movement Form"; and
(b) Submit the form to the Classification
			 Branch, which shall review the form.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 2 - Class D and Class C Felons › Section 501 KAR 2:060 - Procedures for housing of Class C and D felons

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.035, 197.020, 197.045, 431.215, 441.045,
				441.075, 441.510, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(5) requires
				the Department of Corrections to house qualifying Class C and D felons in
				jails. 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. This administrative
				regulation establishes the procedures to implement the required housing
				program.
Section 1. Eligibility. Any
			 county housing qualified inmates pursuant to KRS 532.100(5) shall be eligible
			 to continue to do so unless the department, through its minimum jail standards
			 enforcement procedures established by KRS 441.075, orders a jail to cease
			 housing Class C and D felons.
Section
			 2. Submission of Documents for Class D Felons. In any jail housing
			 Class D felons, the jailer shall forward to the assessment and classification
			 center the following documents, within ten (10) working days of receipt of the
			 judgment, for each Class D felon for whom a transfer has not been requested:
(1) Picture, which shall be updated annually
			 in accordance with Section 12 of this administrative regulation;
(2) Any detainers;
(3) Any incident or disciplinary reports;
			 and
(4) Body identification
			 sheet.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 2 - Class D and Class C Felons › Section 501 KAR 2:070 - Work release

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 532.100, 533.010, 533.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 requires 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 532.100(9) authorizes the commissioner to approve work release
				for Class D state prisoners serving their sentences in jails. KRS 197.020
				requires the Department of Corrections to promulgate administrative regulations
				for the character of the labor and the length of time during which the
				prisoners shall be employed daily. KRS 533.010(14) requires the Department of
				Corrections to promulgate an administrative regulation to develop written
				criteria for work release privileges for offenders serving probation with an
				alternate sentence granted by the statute. This administrative regulation
				establishes work release procedures.
Section
			 1.
(1) The criteria to be used
			 in the determination of granting work release shall be the following:
(a) The defendant granted work privileges
			 shall have a suitable job placement, at a lawful wage, as approved by the
			 sentencing court.
(b) The
			 defendant's job placement shall be within the boundaries of the Commonwealth
			 and shall not require travel outside of the Commonwealth.
(c) The defendant shall provide or arrange
			 transportation to and from the employment site in a lawful manner.
(d) The defendant's employer shall be willing
			 to cooperate with all law enforcement agencies in the verification of the
			 conditions of the defendant's work release.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:020 - Administration; management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 69.210, 202A.091, 441.055
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 procedures for the administration and management of
				full-service jails.
Section 1. Policy
			 and Procedure-Organization.
(1) The jailer or
			 jail administrator for a jail that houses state prisoners 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 made available to employees. Employees shall
			 sign documentation attesting they have read and will comply with the jail's
			 policy and procedure manual within thirty (30) days of employment.
(3) The policy and procedures manual shall
			 include, at a minimum, the following aspects of the jail'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;
(l) Admission and
			 release; and
(m)
			 Training.
(4) The policy
			 and procedures manual shall be reviewed, updated, and any changes approved by
			 the governing authority at least annually. All revisions 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 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:030 - Fiscal management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 43.070, 68.020, 441.055, 441.135, 441.215,
				441.235
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
				full-service jails.
Section 1.
			 Budgeting. The jailer or jail administrator, county judge/executive and
			 treasurer shall prepare and present a line item budget request to the governing
			 authority in accordance with KRS 441.215.
Section 2. Accounting.
(1) The county treasurer shall maintain
			 fiscal records which clearly indicate the local cost for operating the jail in
			 accordance with KRS 68.020 and 441.235.
(2) Fiscal records shall have an itemized
			 breakdown of the total operating expenses including wages, salaries, food and
			 operating supplies.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:040 - Personnel

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055, 441.115
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 personnel procedures to be followed in full-service
				jails.
Section 1. Staffing.
(1) A category I, II, III, IV, and V jail
			 shall provide twenty-four (24) hour awake supervision for all prisoners by
			 providing a minimum of three (3) jail personnel, excluding jail personnel
			 designated for communication.
(2) A
			 staffing analysis may be requested by the jailer or governing
			 authority.
(3) If a female prisoner
			 is booked, detained, or otherwise lodged in the jail, the jail 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 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:050 - 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 full-service jails.
Section 1. Definitions.
(1) "Construction authority" is defined by
			 KRS 441.415.
(2) "Division" means
			 the Department of Corrections Division of Local Facilities.
(3) "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).
(4) "Local correctional facility" is defined
			 by KRS 441.415.
(5) "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 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:060 - Security; control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				441.045,
				441.055
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				441.055 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 full-service jails.
Section
			 1. Policy and Procedure.
(1) The
			 jailer or jail administrator shall develop a written policy and procedure governing
			 the security aspects of the jail's operation.
(2) If requested in writing, the department shall
			 provide technical assistance to the jailer or jail administrator 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) Surveillance checks;
(h) Emergency situations;
(i) Jail schedule; and
(j) Administering medication.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:060 - Security; control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 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 full-service
				jails.
Section 1. Policy and
			 Procedure.
(1) The jailer or jail
			 administrator shall develop a written policy and procedure governing the
			 security aspects of the jail's operation.
(2) If requested in writing, the department
			 shall provide technical assistance to the jailer or jail administrator 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) Surveillance checks;
(h) Emergency situations;
(i) Jail schedule; and
(j) Administering medication.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:070 - 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 full-service jails.
Section
			 1. Policy and Procedure.
(1) Each
			 jail 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 the 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 employees 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 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:100 - Food services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.035,
				197.020,
				217.280-217.390,
				441.055
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				441.055 requires the Department of Corrections to
				promulgate administrative regulations establishing minimum health standards for
				jails that house state prisoners. This administrative regulation establishes
				procedures for proper food services for full-service jails.
Section 1. Procedures.
(1) The jail shall comply with
			 KRS
			 217.280 through
			 217.390
			 and
			 902 KAR
			 45:005.
(2) The
			 jailer or jail administrator shall provide adult prisoners with a nutritionally
			 adequate diet containing at least 2,400 calories per day. Condiments shall not be
			 included in the daily caloric totals. If prisoners are housed in the diversion
			 holding area during normal meal times, they shall be fed. Meals may be either hot or
			 cold.
(3)
(a) Except as provided by paragraph (b) of this
			 subsection, prisoners shall receive three (3) meals per day, one (1) of which shall
			 be hot. More than fourteen (14) hours shall not elapse between any two (2)
			 meals.
(b) The jailer or jail
			 administrator may elect to provide only two (2) meals on Saturdays, Sundays, and
			 holidays, if both meals still meet the minimum 2,400 calories per day. Condiments
			 shall not be included in the daily caloric totals. If the jailer or jail
			 administrator elects to serve only two (2) meals, more than sixteen (16) hours shall
			 not elapse between any two (2) meals.
(4) The jailer or jail administrator shall provide
			 for religious diets in accordance with
			 501 KAR
			 3:130 after review and approval of religious
			 authority.
(5) The jailer or jail
			 administrator shall provide for medical diets if prescribed by a medical
			 authority.
(6) The jailer or jail
			 administrator shall maintain accurate records of all meals served.
(7) Food shall not be used for disciplinary
			 purposes.
(8) A nutritionist or
			 dietician shall approve the nutritional value of the jail menu on an annual
			 basis.
(9) Jail personnel shall directly
			 supervise all food prepared within the jail.
(10) All food shall be served under the direct
			 supervision of jail personnel.
(11) The
			 jail shall have sufficient cold and dry food storage facilities.
(12) The jailer, jail administrator, or jail
			 personnel shall inspect the food service area daily.
(13) Canteen food items purchased by prisoners may
			 be stored or prepared in amounts that do not pose a threat to the health or security
			 of the institution.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:100 - Food services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.035, 197.020, 217.280-217.390,
				441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the
				Department of Corrections to promulgate administrative regulations establishing
				minimum health standards for jails that house state prisoners. This
				administrative regulation establishes procedures for proper food services for
				full-service jails.
Section 1.
			 Procedures.
(1) The jail shall comply with KRS 217.280 through 217.390 and  902 KAR 45:005.
(2) The jailer or jail administrator shall
			 provide adult prisoners with a nutritionally adequate diet containing at least
			 2,400 calories per day. Condiments shall not be included in the daily caloric
			 totals. If prisoners are housed in the diversion holding area during normal
			 meal times, they shall be fed. Meals may be either hot or cold.
(3)
(a)
			 Except as provided by paragraph (b) of this subsection, prisoners shall receive
			 three (3) meals per day, one (1) of which shall be hot. More than fourteen (14)
			 hours shall not elapse between any two (2) meals.
(b) The jailer or jail administrator may
			 elect to provide only two (2) meals on Saturdays, Sundays, and holidays, if
			 both meals still meet the minimum 2,400 calories per day. Condiments shall not
			 be included in the daily caloric totals. If the jailer or jail administrator
			 elects to serve only two (2) meals, more than sixteen (16) hours shall not
			 elapse between any two (2) meals.
(4) The jailer or jail administrator shall
			 provide for religious diets in accordance with  501 KAR 3:130 after review and
			 approval of religious authority.
(5) The jailer or jail administrator shall
			 provide for medical diets if prescribed by a medical authority.
(6) The jailer or jail administrator shall
			 maintain accurate records of all meals served.
(7) Food shall not be used for disciplinary
			 purposes.
(8) A nutritionist or
			 dietician shall approve the nutritional value of the jail menu on an annual
			 basis.
(9) Jail personnel shall
			 directly supervise all food prepared within the jail.
(10) All food shall be served under the
			 direct supervision of jail personnel.
(11) The jail shall have sufficient cold and
			 dry food storage facilities.
(12)
			 The jailer, jail administrator, or jail personnel shall inspect the food
			 service area daily.
(13) Canteen
			 food items purchased by prisoners may be stored or prepared in amounts that do
			 not pose a threat to the health or security of the institution.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:110 - Classification

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 Corrections 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 procedures for the classification of prisoners in full-service
				jails.
Section 1. Procedure.
(1) Each jail shall develop a prisoner
			 classification system, which shall be included in the facility's written policy
			 and procedure manual.
(2) The
			 prisoner classification system shall provide for separation of the following
			 categories of prisoners:
(a) Male and female
			 prisoners, which shall be separated by a physical barrier, except in diversion
			 holding areas;
(b) Mental inquest
			 detainee and other prisoners;
(c)
			 Mentally ill or intellectually disabled prisoner and other prisoners;
(d) Chemically incapacitated prisoner and
			 other prisoners;
(e) A prisoner
			 with a tendency to harm others, be harmed by others, or requiring
			 administrative segregation and other prisoners; and
(f) A prisoner with a communicable disease
			 and other prisoners.
(3)
			 The criteria to be used in the classification of other prisoner categories
			 shall be as follows:
(a) Seriousness of
			 current offense;
(b) Institutional
			 behavioral history;
(c) Special
			 needs;
(d) Known criminal history;
			 and
(e) Trustees.
(4) Trustees. The jailer or his
			 designee shall base selection of prisoners for trustee status on the following
			 criteria:
(a) The nature of the prisoner's
			 offense and sentence;
(b) Previous
			 escape attempts; and
(c) The
			 generally positive nature of the prisoner's daily behavior.
(5) A prisoner's classification
			 shall be reevaluated if the prisoner's status changes based on factors to
			 include the following:
(a) Results of a court
			 appearance by the prisoner, such as being sentenced;
(b) Disciplinary hearing and action;
			 and
(c) Reevaluation of the
			 prisoner's physical, emotional, or mental condition.
(6) The prisoner classification system shall
			 prohibit discrimination or segregation based upon race, color, creed, or
			 national origin.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:120 - 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 full-service jails.
Section 1. Policy and Procedure. Each jail
			 shall develop written admission, orientation, and release procedures to be
			 included in the jail's policy and procedure manual.
Section 2. Admission.
(1) A person in need of emergency medical
			 attention shall not be admitted to the jail until a medical examination is
			 conducted. A Denial of Admission document shall be completed, listing the
			 reason for denial. The document shall be signed by jail personnel on
			 duty.
(2) Jail personnel shall
			 ensure that each prisoner is committed under proper legal authority by a duly
			 authorized officer.
(3) An intake
			 form shall be completed on every new admission and shall include the following:
(a) Time and date of commitment;
(b) Name, alias, and nickname;
(c) Official charge;
(d) Authority ordering commitment;
(e) Unit of government to be
			 billed;
(f) Signature and title of
			 arresting or committing officer;
(g) Date of birth;
(h) Race;
(i) Sex;
(j) Height and weight;
(k) Current or last known address;
(l) Telephone number;
(m) Marital status;
(n) Spouse or next of kin;
(o) Emergency contact including name,
			 relationship, address, and telephone number;
(p) Employer, place of employment, and
			 telephone number;
(q) Social
			 Security number;
(r) Health status
			 including current medications, known allergies, diet, or other special medical
			 needs;
(s) The name of any known
			 person in the jail who might be a threat to the prisoner; and
(t) Mental health history including past
			 hospitalizations, comprehensive care treatment, current treatment, and
			 medication.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:130 - Prison programs; services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 439.179, 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, including qualification for the receipt of federal
				funds and for cooperation with other state and federal agencies. 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 in those jails.
Section 1. Work 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) Sentenced
			 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
			 procedure shall provide that unsentenced prisoners shall not be required to
			 work except to do personal housekeeping.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:140 - Prisoner rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				441.045,
				441.047,
				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 ensure the protection of rights of prisoners in
				those full-service jails.
Section 1. Policy
			 and Procedure.
(1) Each jail shall have a written
			 statement of prisoner rights that 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) Mental health care, if available;
			 and
(k) Religion.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:140 - Prisoner rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 441.045, 441.047, 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 ensure the protection of
				rights of prisoners in those full-service jails.
Section 1. Policy and Procedure.
(1) Each jail shall have a written statement
			 of prisoner rights that 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) Mental health care, if available;
			 and
(k) Religion.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:150 - Hearings, procedures, disposition

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 441
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. The Commissioner of the Department of Corrections is authorized by
				KRS 441.075(4) to hear matters covered by the order of the department
				requesting jails, correctional or detention facilities to comply with the
				minimum standards for local jails pursuant to KRS 441.055 and to issue, modify
				or repeal the order at the conclusion of the hearing. This administrative
				regulations establishes procedures and definitions for administrative
				hearings.
Section 1. Definitions.
(1) "Day" means a calendar day.
(2) "Hearing officer" means a hearing officer
			 appointed by the commissioner pursuant to KRS 441.075.
(3) "Order" means the order of the
			 commissioner requiring the petitioner or petitioners to comply with the minimum
			 jail standards for local jails as specified in the order.
(4) "Petitioner" means the jailer or
			 county/judge executive who requests a hearing for review of the commissioner's
			 order.
(5) "Proceeding" means any
			 proceeding before the commissioner or before a hearing officer.
(6) "Standards" means the minimum jail
			 standards for local jails as established by the department in 501 KAR Chapters
			 3, 7, and 13.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:160 - 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 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 training requirements for jail personnel in full-service
				jails.
Section 1. Procedure.
(1) Training of Jailers, jail personnel, and
			 other employees shall be the responsibility of the governing authority. The
			 department shall provide training assistance and archiving of electronic
			 training records at no cost to the local body of government.
(2) The department shall schedule a Jail
			 Training Curriculum Advisory Committee meeting annually to advise concerning
			 needs and topics for jail training curriculum. The committee shall be comprised
			 of the Deputy Commissioner of Corrections for Local Facilities, the Director of
			 Local Facilities, and the Director of the Division of Corrections Training
			 (DCT). The committee shall also include those members of the Kentucky Jailers
			 Association (KJA) that are appointed by the KJA Executive Board.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 3 - Jail Standards for Full-service Facilities › Section 501 KAR 3:170 - Classifications

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 requires the Department of Corrections to promulgate
				administrative regulations establishing minimum standards for jails that house
				state prisoners. This administrative regulation establishes jail categories
				defined by the maximum bed capacity of full-service jails.
Section 1. Jail Categories.
(1) Category I - Jails with one (1) to 100
			 beds shall be classified as a Category I jail.
(2) Category II - Jails with 101 beds to 250
			 beds shall be classified as a Category II jail.
(3) Category III - Jails with 251 beds to 500
			 beds shall be classified as a Category III jail.
(4) Category IV - Jails with 501 beds to 999
			 beds shall be classified as a Category IV jail.
(5) Category V - Jails with 1,000 beds or
			 more shall be classified as a Category V jail.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:080 - Department of Corrections manuals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 196, 197, 439
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020,
				439.470, and 439.640 authorize the Justice and Public Safety Cabinet and
				Department of Corrections to promulgate administrative regulations necessary
				and suitable for the proper administration of the department or any of its
				divisions. This administrative regulation incorporates by reference the manuals
				that are referenced in policies and procedures for the Department of
				Corrections.
Section 1. Incorporation
			 by Reference.
(1) "Department of Corrections
			 Manuals," are incorporated by reference. Department of Corrections Manuals
			 includes:
(a) Classification Manual (Amended
			 2/12/21); and
(b) Kentucky
			 Department of Corrections Religion Reference Manual (Amended
			 12/13/22).
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:190 - Approval process for mental health professionals performing comprehensive sex offender presentence evaluations and treatment of sex offenders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.550-17.991
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.554(1) requires the
				Sex Offender Risk Assessment Advisory Board to approve providers to conduct
				court-ordered comprehensive sex offender presentence evaluations and treatment
				of sex offenders. KRS 17.564(1) authorizes the board to promulgate
				administrative regulations necessary to carry into effect the purposes of KRS 17.500 to 17.580 and 17.991. This administrative regulation establishes
				approval requirements for providers.
Section
			 1. Definitions.
(1) "Approved
			 provider" is defined by KRS 17.550(3).
(2) "Board" is defined by KRS 17.550(1).
(3) "Comprehensive sex
			 offender presentence evaluation" means a comprehensive mental health evaluation
			 by an approved provider that includes a focus on the clinical data necessary to
			 address the factors listed in KRS 17.554(2).
(4) "Corrective action plan" means a plan
			 submitted by the approved provider and accepted by the board or a plan imposed
			 by the board that requires an approved provider to take specific steps to be in
			 compliance with this administrative regulation.
(5) "Sex offender" is defined by KRS 17.550(2).
(6) "Victim" is defined
			 by KRS 17.550(4).
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:250 - Graduated sanctions for technical violations of probation and compliance incentives system

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 196.030, 439.250, 439.3105-439.3108, 439.551,
				439.553, 446.010
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 439.3106,
				439.3107, 439.3108, 439.470, and 439.551 authorize the Justice and Public
				Safety Cabinet and Department of Corrections to promulgate administrative
				regulations necessary and suitable for the proper administration of the
				department or any of its divisions and to establish a system of graduated
				sanctions for probation violations. This administrative regulation establishes
				graduated sanctions for responding to violations of probation.
Section 1. Definitions.
(1) "Conditions of supervision" or
			 "conditions of probation" means general and specific directives given to an
			 offender placed on probation by the sentencing judge or the Division of
			 Probation and Parole.
(2)
			 "Demonstrated pattern of failure to comply with conditions of supervision"
			 means that the offender has a major violation of the same or similar condition
			 of supervision more than three (3) times over the course of the offender's
			 supervision.
(3) "Division" means
			 the Kentucky Department of Corrections Division of Probation and
			 Parole.
(4) "Graduated sanctions"
			 is defined by KRS 446.010(20).
(5)
			 "High risk behavior" means an action or activity that places a person at risk
			 of violating a condition of supervision or committing a crime.
(6) "Offender" means a person placed under
			 the supervision of the division by a court with jurisdiction over the
			 sentence.
(7) "Officer" or
			 "probation and parole officer" means a person employed by the division who
			 supervises, counsels, and directs an offender on probation.
(8) "Releasing authority" means the court
			 with jurisdiction over the sentence that granted probation.
(9) "Revocation" means an offender having his
			 probation ended and being incarcerated as a result of a hearing for violations
			 of conditions of supervision.
(10)
			 "Risk and needs assessment" is defined by KRS 446.010(38).
(11) "Probation and parole violation matrix"
			 means the table in Section 6 of this administrative regulation that addresses
			 sanction decisions.
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:260 - Procedures for recommendation of early termination of probation and review of compliance of supervised individuals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 196, 439
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035,
				439.470,
				and
				439.552
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the department or any of its divisions and to establish procedures
				for recommending early termination of probation. This administrative regulation
				establishes the procedures for recommendations for early termination of probation
				for a supervised individual who meets the criteria stated in
				KRS
				439.552 and review of probation compliance of a
				supervised individual.
Section 1.
			 Definitions.
(1) "Case plan" is defined in
			 KRS
			 446.010(6).
(2) "Officer" or "probation and parole officer"
			 means a person employed by the Department of Corrections Division of Probation and
			 Parole who supervises, counsels, and directs an offender on probation or
			 parole.
(3) "Probationer" means a person
			 who has been sentenced to probation and ordered by a court with jurisdiction over
			 the sentence to be supervised by the Department of Corrections;
(4) "Risk and needs assessment" is defined in
			 KRS
			 446.010(35).
(5) "Violent offense" is defined in
			 KRS
			 439.3401(1).
Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 6 - Office of the Secretary › Section 501 KAR 6:280 - Risk and needs assessment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.035,
				197.020,
				439.265,
				439.3101,
				439.3104,
				439.3105,
				439.331,
				439.348,
				439.480,
				446.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				197.020(1)(d),
				439.3101(2)(a),
				439.3104(1)
				and (2), and
				439.331(1)
				require the Department of Corrections to promulgate an administrative regulation for
				the administration of a validated risk and needs assessment to assess the criminal
				risk factors and correctional needs of all inmates and offenders upon commitment to
				the department. This administrative regulation establishes the validated risk and
				needs assessment requirements for assessing the criminal risk factors and
				correctional needs of inmates and offenders.
Section
			 1. Incorporation by Reference.
(1)
			 "Department of Corrections policies and procedures for risk and needs assessment,"
			 January 13, 2020, are incorporated by reference. These policies and procedures
			 include:
29.1
Risk and Needs Assessment (Amended 1/13/20 )
29.2
Case Planning (Amended 1/13/20)
29.3
Risk and Needs Assessment and Reentry Programming Training
							 and Quality Assurance (Amended 1/13/20)
(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/
.