Title 501 | Chapter 003 | Regulation 010REG
PROPOSED
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 3:010.Definitions for 501 KAR Chapter 3.
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)
A jail as defined by KRS 441.005(1)(b)
A regional jail as defined by KRS 441.005(7); or(c)
A correctional services division as created by KRS 67A.028.(14)
"Jail administrator" means:(a)
The official appointed by a regional jail authority and charged with the responsibility of administering the regional jail defined by KRS 441.005(7);(b)
The administrator or executive director of a department as defined by KRS 67B.020(1); or(c)
The administrator or director of a correctional services division as created by KRS 67A.028.(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)
(c)
(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.The Jail Standards Review Commission established pursuant to KRS 441.055(1)(b) has approved the standards in this administrative regulation at its meeting on January 8, 2024, prior to its filing with the Legislative Research Commission in compliance with KRS 13A.120(3), 13A.220(6)(a), and 441.055(2).
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: February 6, 2024
FILED WITH LRC: February 15, 2024 at 8:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation will be held on April 23, 2024, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Any person who wishes to be heard at this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If a notice of intent to attend the hearing is not received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2024, 2023. Send written notice of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, KY 40601, Justice.RegsContact@ky.gov, telephone number (502) 564-3279, facsimile number (502) 564-6686.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes definitions for 501 KAR Chapter 3, regulating full-service jail facilities.
(b) The necessity of this administrative regulation:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b). Definitions are needed to explain terms used in the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 196.035 gives authority 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 complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes definitions for the regulation of full-service jail facilities that house state prisoners.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds to the necessity language. The amendment revises the definition of jailer and jail administrator to match language in 501 KAR Chapters 7 and 13.
(b) The necessity of the amendment to this administrative regulation:
The administrative regulation provides definitions for use in the chapter.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It provides current and clear definitions for the regulation of full-service jails that house state prisoners.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 74 county and regional jails and their staff, approximately 50 Department of Corrections employees, including 12 Local Facilities staff, and approximately 19,683 prisoners in the jails, including 5,682 Class C and D felons.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Additional action is not anticipated.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will all have a better understanding of who is included in the definition of jailer and jail administrator.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State budgeted funds for the Department of Corrections and county budgeted funds for jail operating expenses.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all full-service jails.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Corrections and full-service county jails that house state inmates.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 441.055
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
Revenue is not generated by this administrative regulation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
Revenue is not generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
Costs are not associated with this administrative regulation establishing definitions.
(d) How much will it cost to administer this program for subsequent years?
Costs are not associated with this administrative regulation establishing definitions.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
(d) How much will it cost the regulated entities for subsequent years?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact is not anticipated.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 3:010.Definitions for 501 KAR Chapter 3.
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)
A jail as defined by KRS 441.005(1)(b)
A regional jail as defined by KRS 441.005(7); or(c)
A correctional services division as created by KRS 67A.028.(14)
"Jail administrator" means:(a)
The official appointed by a regional jail authority and charged with the responsibility of administering the regional jail defined by KRS 441.005(7);(b)
The administrator or executive director of a department as defined by KRS 67B.020(1); or(c)
The administrator or director of a correctional services division as created by KRS 67A.028.(15)
"Jail personnel" is defined by KRS 441.005(6).(16)
"Jailer" meansthe official duly elected or appointed pursuant to Section 99 or 152 of the Kentucky Constitution, charged with the responsibility of administering the jail.(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.The Jail Standards Review Commission established pursuant to KRS 441.055(1)(b) has approved the standards in this administrative regulation at its meeting on January 8, 2024, prior to its filing with the Legislative Research Commission in compliance with KRS 13A.120(3), 13A.220(6)(a), and 441.055(2).
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: February 6, 2024
FILED WITH LRC: February 15, 2024 at 8:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation will be held on April 23, 2024, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Any person who wishes to be heard at this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If a notice of intent to attend the hearing is not received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2024, 2023. Send written notice of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, KY 40601, Justice.RegsContact@ky.gov, telephone number (502) 564-3279, facsimile number (502) 564-6686.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes definitions for 501 KAR Chapter 3, regulating full-service jail facilities.
(b) The necessity of this administrative regulation:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b). Definitions are needed to explain terms used in the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 196.035 gives authority 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 complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes definitions for the regulation of full-service jail facilities that house state prisoners.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds to the necessity language. The amendment revises the definition of jailer and jail administrator to match language in 501 KAR Chapters 7 and 13.
(b) The necessity of the amendment to this administrative regulation:
The administrative regulation provides definitions for use in the chapter.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It provides current and clear definitions for the regulation of full-service jails that house state prisoners.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 74 county and regional jails and their staff, approximately 50 Department of Corrections employees, including 12 Local Facilities staff, and approximately 19,683 prisoners in the jails, including 5,682 Class C and D felons.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Additional action is not anticipated.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will all have a better understanding of who is included in the definition of jailer and jail administrator.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State budgeted funds for the Department of Corrections and county budgeted funds for jail operating expenses.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all full-service jails.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Corrections and full-service county jails that house state inmates.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 441.055
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
Revenue is not generated by this administrative regulation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
Revenue is not generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
Costs are not associated with this administrative regulation establishing definitions.
(d) How much will it cost to administer this program for subsequent years?
Costs are not associated with this administrative regulation establishing definitions.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not anticipated.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
(d) How much will it cost the regulated entities for subsequent years?
The regulation impacts how the jails operate, but does not increase costs from what is budgeted for the biennium.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact is not anticipated.