Title 501 | Chapter 006 | Regulation 021REG
PROPOSED
This document is not yet current.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Administrative Regulation)
501 KAR 6:021.Repeal of 501 KAR 6:020.
Section 1.
501 KAR 6:020, Corrections policies and procedures, is hereby repealed.COOKIE CREWS, Commissioner
APPROVED BY AGENCY: March 4, 2024
FILED WITH LRC: May 15, 2024 at 10:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 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 July 31, 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 & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
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 repeals the current Department of Corrections policies and procedures administrative regulation.
(b) The necessity of this administrative regulation:
The repealed administrative regulation is being replaced by multiple administrative regulations to allow changing policies to be faster and simpler. KRS 196.035, 197.020, 439.470, 439.590, 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.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation repeals an administrative regulation that is no longer needed. This administrative regulation complies with the promulgation authority as stated in (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It repeals an administrative regulation that is no longer needed.
(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:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the Department of Corrections, approximately 3,900 employees, 23,995 inmates, visitors, volunteers and others who enter state correctional institutions, offenders on home incarceration, community offenders on probation and parole, jailers, and jail employees.
(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:
They will need to be aware that the policies are on different administrative regulations.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An increase in cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The repeal is needed to prevent duplication and conflict with other new administrative regulations.
(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:
Funding is not required.
(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:
The repeal of the administrative regulation does not establish any fees or directly or indirectly increase any fees
(9) TIERING: Is tiering applied?
No. Tiering is not appropriate in this administrative regulation because the administrative regulation is being repealed as to all.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 439.470, 439.590, 439.640, 532.260
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections, state correctional institutions, reentry service centers, probation and parole offices, jails
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The repealer is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Jails
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Reentry service centers, jails, and inmates
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The repealer does not have a fiscal impact, since other administrative regulations replace the one being repealed.
(b) Methodology and resources used to determine the fiscal impact:
The administrative regulation being repealed is being replaced by new administrative regulations.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The administrative regulation being repealed is being replaced by new administrative regulations.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Administrative Regulation)
501 KAR 6:021.Repeal of 501 KAR 6:020.
Section 1.
501 KAR 6:020, Corrections policies and procedures, is hereby repealed.COOKIE CREWS, Commissioner
APPROVED BY AGENCY: March 4, 2024
FILED WITH LRC: May 15, 2024 at 10:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 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 July 31, 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 & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
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 repeals the current Department of Corrections policies and procedures administrative regulation.
(b) The necessity of this administrative regulation:
The repealed administrative regulation is being replaced by multiple administrative regulations to allow changing policies to be faster and simpler. KRS 196.035, 197.020, 439.470, 439.590, 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.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation repeals an administrative regulation that is no longer needed. This administrative regulation complies with the promulgation authority as stated in (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It repeals an administrative regulation that is no longer needed.
(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:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the Department of Corrections, approximately 3,900 employees, 23,995 inmates, visitors, volunteers and others who enter state correctional institutions, offenders on home incarceration, community offenders on probation and parole, jailers, and jail employees.
(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:
They will need to be aware that the policies are on different administrative regulations.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An increase in cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The repeal is needed to prevent duplication and conflict with other new administrative regulations.
(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:
Funding is not required.
(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:
The repeal of the administrative regulation does not establish any fees or directly or indirectly increase any fees
(9) TIERING: Is tiering applied?
No. Tiering is not appropriate in this administrative regulation because the administrative regulation is being repealed as to all.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 439.470, 439.590, 439.640, 532.260
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections, state correctional institutions, reentry service centers, probation and parole offices, jails
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The repealer is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Jails
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Reentry service centers, jails, and inmates
(a) Estimate the following for the first year:
Expenditures:
The repealer is not expected to increase expenditures.
Revenues:
The repealer does not generate revenue.
Cost Savings:
Cost savings are not anticipated, since other administrative regulations replace the one being repealed.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years, since other administrative regulations replace the one being repealed.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The repealer does not have a fiscal impact, since other administrative regulations replace the one being repealed.
(b) Methodology and resources used to determine the fiscal impact:
The administrative regulation being repealed is being replaced by new administrative regulations.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The administrative regulation being repealed is being replaced by new administrative regulations.