Title 501 | Chapter 006 | Regulation 350REG
PROPOSED
This document is not yet current.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Administrative Regulation)
501 KAR 6:350.Inmate or offender on supervision record request.
Section 1.
Definitions.(1)
"Custodian" is defined by KRS 61.870(6).(2)
"Fee" means the copy cost of ten cents per page or the cost of the media used for disclosure of information and the cost to mail the records if applicable.(3)
"Information" means sharing knowledge or facts regarding a specific document, event, situation or condition.(4)
"Media" is defined by KRS 61.870(7).(5)
"Official custodian" is defined by KRS 61.870(5).(6)
"Open records coordinator" means the individual designated by the warden at each institution, the district supervisor at each probation and parole district office, and the individual designated by the commissioner in the Department of Corrections central office to receive, date, and process open records requests.(7)
"Public agency" is defined by KRS 61.870(1).(8)
"Public record" is defined by KRS 61.870(2).(9)
"Request" means a written document that requests the opportunity to inspect or copy a public record.(10)
"Resident of the Commonwealth" is defined by KRS 61.870(10).Section 2.
Fees. The fee for each page of a copy of a record shall be ten (10) cents unless the cost to produce the page is more than ten (10) cents not including staff time. The fee and any required postage shall be paid to the custodian or designee prior to the release of a copy of the public record, unless the fee or postage is waived. If the record is requested in a non-standard form, the custodian may require the costs of staff preparation to be paid in advance.Section 3.
Requests from an Inmate to an Institution in which the Inmate is Incarcerated.(1)
An inmate housed in a jail or state or private prison may obtain a copy of a public record that contains a specific reference to him to the extent allowed by law. The inspection of a public record by an inmate incarcerated in a jail or state or private prison that contains a specific reference to him:(a)
Shall be limited to the jail or state or private prison in which the inmate is incarcerated; and(b)
Shall not include special housing areas that preclude the inmate from moving about the jail or state or private prison, including special management, restrictive housing, medical department, or infirmary.(2)
An inmate shall make a request to the open records coordinator at the institution for a public record maintained in the electronic offender management system or the electronic health record to the institution in which the inmate is incarcerated.(3)
An inmate may use the form promulgated by the Office of the Attorney General to request a record. If the form is used, the written request shall include the inmate's cell, room, or housing assignment for the address and to prevent a delay in processing the inmate's name shall include the inmate's number. If the form is not used, the request shall contain the following information:(a)
The inmate's name and inmate number;(b)
Cell, room or housing assignment;(c)
A description of the record being requested; and(d)
Signature of person making the request.(4)
The request shall be made either:(a)
By institutional mail to the open records coordinator; or(b)
By first class U.S. mail to the open records coordinator or custodian of the record.(5)
An open records request shall be mailed and shall not be hand delivered given the security requirements of a correctional institution.(6)
If a copy of a public record is requested, the inmate shall provide with his request a money authorization allowing the cost to be deducted from his inmate account on the form required by his institution to allow for payment of the cost of the copy.(a)
If the inmate does not have sufficient funds for payment of the fee, he may request the opportunity to inspect the record if it is located at his institution and he is not prohibited from inspection because of access restrictions; or(b)
The inmate may send the request again upon receipt of sufficient funds to cover payment of the fee.Section 4.
Requests from an Inmate or Offender on Active Supervision to the Department of Corrections Central Office, a Probation and Parole District Office, or an Institution in which the Inmate is Not Incarcerated.(1)
An inmate shall:(a)
Follow the requirements for a request stated in Section 3 of this administrative regulation except for the money authorization and sending the request to the open records coordinator for the office or institution as appropriate; and(b)
Provide a check from his inmate account after being informed of the cost to obtain a copy of the record.(2)
An offender on active supervision shall provide a written request containing the following information:(a)
Name and address;(b)
A description of the public record being requested; and(c)
Signature of the person making the request.(3)
Prepayments shall not be sent unless the amount is the exact cost for the copies of the records and any necessary postage. A check or money order for the exact amount shall be sent after being informed of the cost to obtain a copy of the record.COOKIE CREWS, Commissioner
APPROVED BY AGENCY: April 11, 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 and 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 establishes policies and procedures concerning records for the Department of Corrections.
(b) The necessity of this administrative regulation:
KRS 196.035 authorizes the secretary to promulgate administrative regulations deemed 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 for the government and discipline of the penitentiary and for the government and official conduct of all officials connected with the penitentiary, and for the government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 439.470 requires the commissioner to promulgate administrative regulations for the conduct of persons placed on probation or parole except not conflict with the conditions of probation imposed by the court or conditions of release imposed by the Parole Board.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the department concerning inmate records. This administrative regulation complies with the requirements to promulgate administrative regulations as stated in (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation establishes the procedures that govern the operations of the Department of Corrections, its institutions, and its probation and parole offices concerning offender record requests. It provides direction and information to department employees and offenders concerning the operations of the department.
(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 and 23,995 inmates, 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:
Staff and offenders will have to change their actions to comply with operational procedures. Jailers and jail employees will have to comply for state inmates housed in a jail.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that current costs will increase.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational procedures will assist in the effective and orderly management of the department, its correctional institutions, probation and parole offices, and jails housing state inmates.
(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:
Department of Corrections budgeted funds for the biennium. County budgeted funds for jail operating expenses with payments from the department.
(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:
A fee for the cost of copies is stated and duplicates case law. An increase in cost and fees is not anticipated.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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, 197.110, 439.470
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections and jails that house state inmates
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the department operates but is not expected to increase expenditures.
Revenues:
The payment for copies covers material costs and does not cover the full cost for generating the copies including staff time and utilities.
Cost Savings:
Cost savings are not anticipated.
(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.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
A jail may use provisions in its response to requests for records.
(a) Estimate the following for the first year:
Expenditures:
Jail expenditures are unknown.
Revenues:
The copy fees are unlikely to cover all costs of making copies.
Cost Savings:
Cost savings are not anticipated.
(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.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Employees and offenders
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the department operates but is not expected to increase expenditures.
Revenues:
The payment for copies covers material costs and does not cover the full cost for generating the copies including staff time and utilities.
Cost Savings:
Cost savings are not anticipated.
(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.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The administrative regulation impacts how the department and its institutions operate but is not expected to have a fiscal impact. The administrative regulation replaces in part an administrative regulation that is being repealed.
(b) Methodology and resources used to determine the fiscal impact:
The department policy and procedures were reviewed and a fiscal impact was not identified. It replaces in part an administrative regulation that is being repealed.
(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 department policy and procedures were reviewed and a fiscal impact was not identified. It replaces in part an administrative regulation that is being repealed.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Administrative Regulation)
501 KAR 6:350.Inmate or offender on supervision record request.
Section 1.
Definitions.(1)
"Custodian" is defined by KRS 61.870(6).(2)
"Fee" means the copy cost of ten cents per page or the cost of the media used for disclosure of information and the cost to mail the records if applicable.(3)
"Information" means sharing knowledge or facts regarding a specific document, event, situation or condition.(4)
"Media" is defined by KRS 61.870(7).(5)
"Official custodian" is defined by KRS 61.870(5).(6)
"Open records coordinator" means the individual designated by the warden at each institution, the district supervisor at each probation and parole district office, and the individual designated by the commissioner in the Department of Corrections central office to receive, date, and process open records requests.(7)
"Public agency" is defined by KRS 61.870(1).(8)
"Public record" is defined by KRS 61.870(2).(9)
"Request" means a written document that requests the opportunity to inspect or copy a public record.(10)
"Resident of the Commonwealth" is defined by KRS 61.870(10).Section 2.
Fees. The fee for each page of a copy of a record shall be ten (10) cents unless the cost to produce the page is more than ten (10) cents not including staff time. The fee and any required postage shall be paid to the custodian or designee prior to the release of a copy of the public record, unless the fee or postage is waived. If the record is requested in a non-standard form, the custodian may require the costs of staff preparation to be paid in advance.Section 3.
Requests from an Inmate to an Institution in which the Inmate is Incarcerated.(1)
An inmate housed in a jail or state or private prison may obtain a copy of a public record that contains a specific reference to him to the extent allowed by law. The inspection of a public record by an inmate incarcerated in a jail or state or private prison that contains a specific reference to him:(a)
Shall be limited to the jail or state or private prison in which the inmate is incarcerated; and(b)
Shall not include special housing areas that preclude the inmate from moving about the jail or state or private prison, including special management, restrictive housing, medical department, or infirmary.(2)
An inmate shall make a request to the open records coordinator at the institution for a public record maintained in the electronic offender management system or the electronic health record to the institution in which the inmate is incarcerated.(3)
An inmate may use the form promulgated by the Office of the Attorney General to request a record. If the form is used, the written request shall include the inmate's cell, room, or housing assignment for the address and to prevent a delay in processing the inmate's name shall include the inmate's number. If the form is not used, the request shall contain the following information:(a)
The inmate's name and inmate number;(b)
Cell, room or housing assignment;(c)
A description of the record being requested; and(d)
Signature of person making the request.(4)
The request shall be made either:(a)
By institutional mail to the open records coordinator; or(b)
By first class U.S. mail to the open records coordinator or custodian of the record.(5)
An open records request shall be mailed and shall not be hand delivered given the security requirements of a correctional institution.(6)
If a copy of a public record is requested, the inmate shall provide with his request a money authorization allowing the cost to be deducted from his inmate account on the form required by his institution to allow for payment of the cost of the copy.(a)
If the inmate does not have sufficient funds for payment of the fee, he may request the opportunity to inspect the record if it is located at his institution and he is not prohibited from inspection because of access restrictions; or(b)
The inmate may send the request again upon receipt of sufficient funds to cover payment of the fee.Section 4.
Requests from an Inmate or Offender on Active Supervision to the Department of Corrections Central Office, a Probation and Parole District Office, or an Institution in which the Inmate is Not Incarcerated.(1)
An inmate shall:(a)
Follow the requirements for a request stated in Section 3 of this administrative regulation except for the money authorization and sending the request to the open records coordinator for the office or institution as appropriate; and(b)
Provide a check from his inmate account after being informed of the cost to obtain a copy of the record.(2)
An offender on active supervision shall provide a written request containing the following information:(a)
Name and address;(b)
A description of the public record being requested; and(c)
Signature of the person making the request.(3)
Prepayments shall not be sent unless the amount is the exact cost for the copies of the records and any necessary postage. A check or money order for the exact amount shall be sent after being informed of the cost to obtain a copy of the record.COOKIE CREWS, Commissioner
APPROVED BY AGENCY: April 11, 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 and 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 establishes policies and procedures concerning records for the Department of Corrections.
(b) The necessity of this administrative regulation:
KRS 196.035 authorizes the secretary to promulgate administrative regulations deemed 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 for the government and discipline of the penitentiary and for the government and official conduct of all officials connected with the penitentiary, and for the government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 439.470 requires the commissioner to promulgate administrative regulations for the conduct of persons placed on probation or parole except not conflict with the conditions of probation imposed by the court or conditions of release imposed by the Parole Board.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the department concerning inmate records. This administrative regulation complies with the requirements to promulgate administrative regulations as stated in (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation establishes the procedures that govern the operations of the Department of Corrections, its institutions, and its probation and parole offices concerning offender record requests. It provides direction and information to department employees and offenders concerning the operations of the department.
(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 and 23,995 inmates, 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:
Staff and offenders will have to change their actions to comply with operational procedures. Jailers and jail employees will have to comply for state inmates housed in a jail.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that current costs will increase.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational procedures will assist in the effective and orderly management of the department, its correctional institutions, probation and parole offices, and jails housing state inmates.
(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:
Department of Corrections budgeted funds for the biennium. County budgeted funds for jail operating expenses with payments from the department.
(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:
A fee for the cost of copies is stated and duplicates case law. An increase in cost and fees is not anticipated.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
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, 197.110, 439.470
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections and jails that house state inmates
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the department operates but is not expected to increase expenditures.
Revenues:
The payment for copies covers material costs and does not cover the full cost for generating the copies including staff time and utilities.
Cost Savings:
Cost savings are not anticipated.
(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.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
A jail may use provisions in its response to requests for records.
(a) Estimate the following for the first year:
Expenditures:
Jail expenditures are unknown.
Revenues:
The copy fees are unlikely to cover all costs of making copies.
Cost Savings:
Cost savings are not anticipated.
(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.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Employees and offenders
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the department operates but is not expected to increase expenditures.
Revenues:
The payment for copies covers material costs and does not cover the full cost for generating the copies including staff time and utilities.
Cost Savings:
Cost savings are not anticipated.
(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.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The administrative regulation impacts how the department and its institutions operate but is not expected to have a fiscal impact. The administrative regulation replaces in part an administrative regulation that is being repealed.
(b) Methodology and resources used to determine the fiscal impact:
The department policy and procedures were reviewed and a fiscal impact was not identified. It replaces in part an administrative regulation that is being repealed.
(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 department policy and procedures were reviewed and a fiscal impact was not identified. It replaces in part an administrative regulation that is being repealed.