Title 501 | Chapter 003 | Regulation 140
PREVIOUS VERSION
The previous document that this document is based upon is available.
501 KAR 3:140.Prisoner rights.
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.(2)
The statement of prisoner rights shall be made available to all inmates being assigned to general housing units. The prisoner rights may be posted in a conspicuous place, provided in hardcopy format, or provided through closed circuit television.(3)
The jailer, jail administrator, or jail personnel shall not prohibit a prisoner's right of access to the judicial process.(4)
The jailer, jail administrator, or jail personnel shall ensure the right of a prisoner to have confidential access to his attorney or authorized representative. Confidential prisoner access to the prisoner's attorney through unmonitored phone lines in non-contact visitation areas shall be permitted.(a)
To the extent available in the jail and reasonable for use by an attorney, "confidential access" shall include a meeting with counsel in a private room in the jail. The room may be used for purposes other than attorney-client visits, but shall meet the conditions established in this paragraph:1.
Jail employees and other prisoners shall not enter the room during the attorney-client meeting, unless an emergency or the security of the jail requires.2.
The room should be located so that conversations in ordinary tones with the door closed cannot be overheard by others outside the room.3.
If the room is located so that jail personnel could not hear a call for aid from the room with the door closed, then the room shall contain some other means to summon aid.4.
The room shall contain a desk or table and seating for an attorney, an assistant, and a prisoner.5.
The room shall have a means to access electricity suitable for plugging in a laptop or portable television, if the jail allows these items to be brought into the jail by an attorney, for the purpose of viewing discovery or other litigation materials. The jail may provide a laptop, portable television, or other means for viewing discovery.6.
The attorney shall be permitted access to a telephone, unless an emergency or the security of the jail requires otherwise. The jail may provide a phone in the meeting room or in another location within the jail.(b)
Prisoners shall not be given access to cellular phones under any circumstances.(c)
Prisoners shall not be given access to a laptop, except to the extent required to review litigation materials in the immediate presence of an attorney or authorized representative, if the jail allows a laptop to be brought in for this purpose.(d)
The jail shall address in its policy and procedures manual the handling of legal mail sent or received by a prisoner. The policy shall include provisions concerning the constitutional limits on reading prisoner legal mail and opening and inspecting legal mail in the presence of the inmate.(e)
The jail shall address in its policy and procedures manual reasonable access for a prisoner to a telephone to make collect calls to counsel. The policy shall include provisions for any required actions by the prisoner or attorney to allow the telephone system to prevent recording of the attorney-client call.(5)
The jailer or jail administrator shall have a written policy and procedure that defines the jail's visitation rules, which shall include the requirements established in this subsection.(a)
There shall be a schedule identifying no fewer than two (2) visiting days each week, one (1) of which shall be during the weekend.(b)
At least one (1) visit per week per prisoner shall be allowed except if a prisoner is assessed a disciplinary penalty for an infraction of rules governing visitation or the prisoner's current institutional behavior presents an imminent danger or threat of danger to staff or other prisoners.(c)
A visit shall not be less than fifteen (15) minutes.(d)
Two (2) or more persons permitted to visit at the same time shall count as a single visit.(e)
Children, if accompanied by an adult, shall be permitted to visit a prisoner.(6)
Attorneys, clergy, and health care staff shall be permitted to visit a prisoner at reasonable hours, other than during regularly scheduled visiting hours and shall not count as an allotted visit.(7)
Each visitor shall register before admission and shall be denied admission for refusal to register, refusal to consent to search, or for a violation of the visitation rules established pursuant to subsection (5) of this section or established in subsection (6) of this section.(8)
A prisoner shall not be restricted in regard to whom he may have as a visitor unless the jailer or jail administrator determines to exclude the visitor on the basis of one (1) or more of the following conditions:(a)
The visitor:1.
Represents a clear and present danger to security;2.
Has a past history of disruptive conduct at the jail;3.
Is under the influence of alcohol or drugs;4.
Refuses to submit to a search; or5.
Refuses to show proper identification; or(b)
The prisoner refuses the visit.(9)
Except for visitors pursuant to subsection (6) of this section, the jail personnel may monitor and record visitor and prisoner conversation for security reasons. Notification shall be posted in a conspicuous location in the visiting areas.Section 2.
Mail.(1)
The jailer or jail administrator shall have written policy and procedure for receiving and sending mail that:(a)
Protects prisoners' personal rights; and(b)
Provides for security practices consistent with the operation of the jail.(2)
A prisoner shall be allowed to correspond with anyone if the correspondence does not violate state or federal law. Caution shall be taken to protect prisoner rights in accordance with court decisions regarding correspondence. A jailer or jail administrator may enact a policy prohibiting the sending or receipt of prisoner-to-prisoner mail. The policy shall permit the jailer or jail administrator discretion to grant the privilege.(3)
Incoming mail may be opened and inspected for contraband prior to delivery. Mail received from the court, an attorney of record, or a public official may be opened and inspected only in the presence of the prisoner. After being opened and inspected in the presence of the prisoner, mail received from the court, an attorney of record, or a public official may be provided to the prisoner via an electronic copy through a secure, personal account.(4)
Measures to prevent receipt of prisoner mail containing intoxicants, including fabricated legal mail shall be permitted.Section 3.
Telephone.(1)
A newly admitted prisoner shall be permitted a reasonable number of local or collect long distance telephone calls to an attorney of the prisoner's choice, or to a family member, as soon as practical, generally within one (1) hour after arrival, until one (1) call has been completed.(2)
The jailer, jail administrator, or jail personnel shall maintain a log of telephone calls made by a prisoner during the admission procedure unless those calls are made on a telephone in the housing area. The log shall document the date, time, and party contacted.(3)
Any prisoner admitted to a facility for a temporary stay of forty-eight (48) hours or less before proceeding or returning to another destination shall be considered in transit and therefore not entitled to a phone call.(4)
Written policy and procedure shall permit each prisoner to complete at least one (1) telephone call each week. The expense incurred for a call shall be borne by the prisoner or the party called.(5)
A minimum of five (5) minutes shall be allotted for each phone call.(6)
If calls are monitored, the prisoner shall be notified.(7)
Telephone privileges may be suspended for a designated period of time if telephone rules are violated.Section 4.
Religion.(1)
A prisoner shall be granted the right to practice his religion within limits necessary to maintain institution order and security.(2)
Each prisoner shall be afforded an opportunity to participate in religious services and receive religious counseling within the jail.(3)
A prisoner shall not be required to attend or participate in religious services or discussions.Section 5.
Access to Programs. The jailer, jail administrator, or jail personnel shall ensure each prisoner equal access to programs and services, if the security and order of the jail will not be jeopardized.Section 6.
Grievance Procedure. The jailer or jail administrator shall have a written prisoner grievance procedure. The procedures shall include provisions for:(1)
A response to each written grievance within ten (10) days;(2)
Equal access for each prisoner;(3)
A guarantee against reprisal; and(4)
Resolution of legitimate complaints.Section 7.
Disciplinary Rights. Each jail shall have a written policy and procedure for maintaining discipline, consistent with constitutional requirements for due process.Section 8.
Medical. Each prisoner shall be afforded access to necessary medical care.HISTORY: (9 Ky.R. 648; Am. 929; eff. 3-2-1983; 13 Ky.R. 694; eff. 11-11-1986; 22 Ky.R. 1355; 1598; eff. 3-7-1996; 26 Ky.R. 166; 27 Ky.R. 86; eff. 7-17-2000; 29 Ky.R. 2762; 30 Ky.R. 282; eff. 8-13-2003; 31 Ky.R. 1564; 1798; eff. 5-26-2005; 34 Ky.R. 1190; 1967; eff. 3-7-2008; 34 Ky.R. 2476; 35 Ky.R. 279; eff. 9-5-2008; 37 Ky.R. 2942; 38 Ky.R. 571; 749; eff. 11-4-2011; 42 Ky.R. 1953; 2345; eff. 3-4-2016; 50 Ky.R. 1960; eff. 9-3-32024.)
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 shall be held on April 23, 2024, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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. Send written notification 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 and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 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 minimum standards to protect prisoner rights in full-service jails.
(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).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
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 minimum standards to be followed for prisoner rights in full-service jails.
(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 enlarges the necessity language and removes unnecessary words. It adds permission for prisoners to have confidential, unmonitored phone access to the prisoner’s attorney in non-contact visitation areas, provides standards for prisoners to have access to electronic copies of legal mail, and permits measures to prevent receipt of prisoner mail containing intoxicants and fabricated legal mail as required by statute.
(b) The necessity of the amendment to this administrative regulation:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
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 up-dates the minimum prisoner rights standards as required by KRS 441.055.
(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:
The jailer, jail administrator, or jail personnel will have to permit prisoners to have confidential access to the prisoner’s attorney through an unmonitored phone line in a non-contact visitation area. Employees will have to open legal mail and inspect it in the presence of the prisoner and may provide it to the prisoner by electronic means. Jail personnel may use measures to prevent receipt of intoxicants or fabricated legal mail via prisoner mail.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulation is clearer.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An additional cost is not anticipated.
(b) On a continuing basis:
An additional 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?
For fiscal year 2023, the department paid the local jails approximately $139,275,752.09 for the housing, transportation, medical care and programming incentives for state inmates. Full-service jails receive the largest portion of this funding. In addition, the department incurred approximately $1,669,365.54 in staff salaries and administrative costs. The jails will have some staff and administrative costs, but this program is a source of revenue for them.
(d) How much will it cost to administer this program for subsequent years?
Approximately the same as in (c).
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.
501 KAR 3:140.Prisoner rights.
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.(2)
The statement of prisoner rights shall be made available to all inmates being assigned to general housing units. The prisoner rights may be posted in a conspicuous place, provided in hardcopy(3)
The jailer, jail administrator, or jail personnel shall not prohibit a prisoner's right of access to the judicial process.(4)
The jailer, jail administrator, or jail personnel shall ensure the right of a prisoner to have confidential access to his attorney or authorized representative. Confidential prisoner access to the prisoner's attorney through unmonitored phone lines in non-contact visitation areas shall be permitted.(a)
To the extent available in the jail and reasonable for use by an attorney, "confidential access" shall include a meeting with counsel in a private room in the jail. The room may be used for purposes other than attorney-client visits, but shall meet the conditions established in this paragraph:1.
Jail employees and other prisoners shall not enter the room during the attorney-client meeting, unless an emergency or the security of the jail requires.2.
The room should be located so that conversations in ordinary tones with the door closed cannot be overheard by others outside the room.3.
If the room is located so that jail personnel could not hear a call for aid from the room with the door closed, then the room shall contain some other means to summon aid.4.
The room shall contain a desk or table and seating for an attorney, an assistant, and a prisoner.5.
The room shall have a means to access electricity suitable for plugging in a laptop or portable television, if the jail allows these items to be brought into the jail by an attorney, for the purpose of viewing discovery or other litigation materials. The jail may provide a laptop, portable television, or other means for viewing discovery.6.
The attorney shall be permitted access to a telephone, unless an emergency or the security of the jail requires otherwise. The jail may provide a phone in the meeting room or in another location within the jail.(b)
Prisoners shall not be given access to cellular phones under any circumstances.(c)
Prisoners shall not be given access to a laptop, except to the extent required to review litigation materials in the immediate presence of an attorney or authorized representative, if the jail allows a laptop to be brought in for this purpose.(d)
The jail shall address in its policy and procedures manual the handling of legal mail sent or received by a prisoner. The policy shall include provisions concerning the constitutional limits on reading prisoner legal mail and opening and inspecting legal mail in the presence of the inmate.(e)
The jail shall address in its policy and procedures manual reasonable access for a prisoner to a telephone to make collect calls to counsel. The policy shall include provisions for any required actions by the prisoner or attorney to allow the telephone system to prevent recording of the attorney-client call.(5)
The jailer or jail administrator shall have a written policy and procedure that defines the jail's visitation rules, which shall include the requirements established in this subsection.(a)
There shall be a schedule identifying no fewer than two (2) visiting days each week, one (1) of which shall be during the weekend.(b)
At least one (1) visit per week per prisoner shall be allowed except if a prisoner is assessed a disciplinary penalty for an infraction of rules governing visitation or the prisoner's current institutional behavior presents an imminent danger or threat of danger to staff or other prisoners.(c)
A visit shall not be less than fifteen (15) minutes.(d)
Two (2) or more persons permitted to visit at the same time shall count as a single visit.(e)
Children, if accompanied by an adult, shall be permitted to visit a prisoner.(6)
Attorneys, clergy, and health care staff shall be permitted to visit a prisoner at reasonable hours, other than during regularly scheduled visiting hours and shall not count as an allotted visit.(7)
Each visitor shall register before admission and shall be denied admission for refusal to register, refusal to consent to search, or for a violation of the visitation rules established pursuant to subsection (5) of this section or established in subsection (6) of this section.(8)
A prisoner shall not be restricted in regard to whom he may have as a visitor unless the jailer or jail administrator determines to exclude the visitor on the basis of one (1) or more of the following conditions:(a)
The visitor:1.
Represents a clear and present danger to security;2.
Has a past history of disruptive conduct at the jail;3.
Is under the influence of alcohol or drugs;4.
Refuses to submit to a search; or5.
Refuses to show proper identification; or(b)
The prisoner refuses the visit.(9)
Except for visitors pursuant to subsection (6) of this section, the jail personnel may monitor and record visitor and prisoner conversation for security reasons. Notification shall be posted in a conspicuous location in the visiting areas.Section 2.
Mail.(1)
The jailer or jail administrator shall have written policy and procedure for receiving and sending mail that:(a)
Protects prisoners' personal rights; and(b)
Provides for security practices consistent with the operation of the jail.(2)
A prisoner shall be allowed to correspond with anyone if the correspondence does not violate state or federal law. Caution shall be taken to protect prisoner rights in accordance with court decisions regarding correspondence. A jailer or jail administrator may enact a policy prohibiting the sending or receipt of prisoner-to-prisoner mail. The policy shall permit the jailer or jail administrator discretion to grant the privilege.(3)
Incoming mail may be opened and inspected for contraband prior to delivery. Mail received from the court, an attorney of record, or a public official may be opened and inspected only in the presence of the prisoner. After being opened and inspected in the presence of the prisoner, mail received from the court, an attorney of record, or a public official may be provided to the prisoner via an electronic copy through a secure, personal account.(4)
Measures to prevent receipt of prisoner mail containing intoxicants, including fabricated legal mail shall be permitted.Section 3.
Telephone.(1)
A newly admitted prisoner shall be permitted a reasonable number of local or collect long distance telephone calls to an attorney of the prisoner's choice, or to a family member, as soon as practical, generally within one (1) hour after arrival, until one (1) call has been completed.(2)
The jailer, jail administrator, or jail personnel shall maintain a log of telephone calls made by a prisoner during the admission procedure unless those calls are made on a telephone in the housing area. The log shall document the date, time, and party contacted.(3)
Any prisoner admitted to a facility for a temporary stay of forty-eight (48) hours or less before proceeding or returning to another destination shall be considered in transit and therefore not entitled to a phone call.(4)
Written policy and procedure shall permit each prisoner to complete at least one (1) telephone call each week. The expense incurred for a call shall be borne by the prisoner or the party called.(5)
A minimum of five (5) minutes shall be allotted for each phone call.(6)
If calls are monitored, the prisoner shall be notified.(7)
Telephone privileges may be suspended for a designated period of time if telephone rules are violated.Section 4.
Religion.(1)
A prisoner shall be granted the right to practice his religion within limits necessary to maintain institution order and security.(2)
Each prisoner shall be afforded an opportunity to participate in religious services and receive religious counseling within the jail.(3)
A prisoner shall not be required to attend or participate in religious services or discussions.Section 5.
Access to Programs. The jailer, jail administrator, or jail personnel shall ensure each prisoner equal access to programs and services, if the security and order of the jail will not be jeopardized.Section 6.
Grievance Procedure. The jailer or jail administrator shall have a written prisoner grievance procedure. The procedures shall include provisions for:(1)
A response to each written grievance within ten (10) days;(2)
Equal access for each prisoner;(3)
A guarantee against reprisal; and(4)
Resolution of legitimate complaints.Section 7.
Disciplinary Rights. Each jail shall have a written policy and procedure for maintaining discipline, consistent with constitutional requirements for due process.Section 8.
Medical. Each prisoner shall be afforded access to necessary medical care.HISTORY: (9 Ky.R. 648; Am. 929; eff. 3-2-1983; 13 Ky.R. 694; eff. 11-11-1986; 22 Ky.R. 1355; 1598; eff. 3-7-1996; 26 Ky.R. 166; 27 Ky.R. 86; eff. 7-17-2000; 29 Ky.R. 2762; 30 Ky.R. 282; eff. 8-13-2003; 31 Ky.R. 1564; 1798; eff. 5-26-2005; 34 Ky.R. 1190; 1967; eff. 3-7-2008; 34 Ky.R. 2476; 35 Ky.R. 279; eff. 9-5-2008; 37 Ky.R. 2942; 38 Ky.R. 571; 749; eff. 11-4-2011; 42 Ky.R. 1953; 2345; eff. 3-4-2016; 50 Ky.R. 1960; eff. 9-3-32024.)
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 shall be held on April 23, 2024, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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. Send written notification 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 and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 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 minimum standards to protect prisoner rights in full-service jails.
(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).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
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 minimum standards to be followed for prisoner rights in full-service jails.
(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 enlarges the necessity language and removes unnecessary words. It adds permission for prisoners to have confidential, unmonitored phone access to the prisoner’s attorney in non-contact visitation areas, provides standards for prisoners to have access to electronic copies of legal mail, and permits measures to prevent receipt of prisoner mail containing intoxicants and fabricated legal mail as required by statute.
(b) The necessity of the amendment to this administrative regulation:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
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 up-dates the minimum prisoner rights standards as required by KRS 441.055.
(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:
The jailer, jail administrator, or jail personnel will have to permit prisoners to have confidential access to the prisoner’s attorney through an unmonitored phone line in a non-contact visitation area. Employees will have to open legal mail and inspect it in the presence of the prisoner and may provide it to the prisoner by electronic means. Jail personnel may use measures to prevent receipt of intoxicants or fabricated legal mail via prisoner mail.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulation is clearer.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An additional cost is not anticipated.
(b) On a continuing basis:
An additional 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?
For fiscal year 2023, the department paid the local jails approximately $139,275,752.09 for the housing, transportation, medical care and programming incentives for state inmates. Full-service jails receive the largest portion of this funding. In addition, the department incurred approximately $1,669,365.54 in staff salaries and administrative costs. The jails will have some staff and administrative costs, but this program is a source of revenue for them.
(d) How much will it cost to administer this program for subsequent years?
Approximately the same as in (c).
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.