Title 501 | Chapter 006 | Regulation 430E
501 KAR 6:430REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
501 KAR 6:430E
An emergency regulation, pursuant to KRS 13A.190(1)(a)1., is necessary to meet an imminent threat to public health, safety, and welfare posed by inmates in Department of Corrections (DOC) correctional institutions. This emergency regulation includes amendments to the DOC policy and procedure regarding inmate correspondence. Inmates have used the legal mail system to introduce illegal contraband in the form of paper soaked in substances including cocaine, Spice, other synthetic drugs, and bug spray. Recent smuggling involving contraband sent by mail into the institutions has caused inadvertent exposure to drugs that required medical intervention, facility lockdowns, hazardous material cleanups, and staffing issues due to illness from exposure. The amendments reflected in this emergency regulation help address these threats. An ordinary administrative regulation is not sufficient because the DOC needs an immediate response to the presence of illegal drugs and other contraband that increases gang activity and violence as those involved seek control of the supply and distribution. Within the last month there have been attempts to introduce cocaine-laced papers and Spice-laced papers into the institutions, which puts inmates as well as DOC staff at risk of harm. This administrative regulation will be replaced by an ordinary administrative regulation that is being filed with the emergency administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation. An emergency administrative regulation governing a portion of the same subject matter has not been filed within the previous nine (9) months.
ANDY BESHEAR, Governor
HILARYE DAILEY, Deputy Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Emergency Administrative Regulation)
501 KAR 6:430E.Corrections policies and procedures: communication, mail, and visiting.
Section 1.
Incorporation by Reference.(1)
"Department of Corrections Policies and Procedures, Chapter 16", May 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 16 includes:16.1 | Inmate Visits (5/15/24) |
16.2 | Inmate Correspondence (5/15/24) |
16.3 | Inmate Access to Telephones (10/12/12) |
16.4 | Inmate Packages (8/12/16) |
16.5 | Video Visitation (5/15/24) |
16.6 | Inmate Tablets (5/15/24) |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site in the policies and procedures area at https://corrections.ky.gov/About/cpp/Pages/default.aspx or the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.HILARYE DAILEY, Deputy Commissioner
APPROVED BY AGENCY: May 15, 2024
FILED WITH LRC: May 15, 2024 at 11:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 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 June 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, 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 inmate communication, mail, and visiting 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(1)(a) and (b) require the Department of Corrections to promulgate administrative regulations for the government and discipline of the penitentiary, government and official conduct of all officials connected with the penitentiary, government of the prisoners in their deportment and conduct, and preservation of the health of the prisoners. 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.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the department concerning communication, mail, and visiting. 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 and material incorporated by reference establish the policies and procedures that govern the operations of the Department of Corrections and its institutions concerning communication, mail, and visiting. It provides direction and information to department employees and inmates 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, 23,995 inmates, and visitors.
(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, visitors, and inmates will have to change their actions to comply with operational procedures.
(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 and its correctional institutions.
(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
(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 administrative regulation does not establish any fees.
(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
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections and its correctional institutions
(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:
This administrative regulation does not generate revenue.
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):
Affected local entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
Inmates and inmate families
(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:
This administrative regulation does not generate revenue.
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 policies and procedures incorporated by reference 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 administrative regulation being repealed is being replaced by new administrative regulations.
STATEMENT OF EMERGENCY
501 KAR 6:430E
An emergency regulation, pursuant to KRS 13A.190(1)(a)1., is necessary to meet an imminent threat to public health, safety, and welfare posed by inmates in Department of Corrections (DOC) correctional institutions. This emergency regulation includes amendments to the DOC policy and procedure regarding inmate correspondence. Inmates have used the legal mail system to introduce illegal contraband in the form of paper soaked in substances including cocaine, Spice, other synthetic drugs, and bug spray. Recent smuggling involving contraband sent by mail into the institutions has caused inadvertent exposure to drugs that required medical intervention, facility lockdowns, hazardous material cleanups, and staffing issues due to illness from exposure. The amendments reflected in this emergency regulation help address these threats. An ordinary administrative regulation is not sufficient because the DOC needs an immediate response to the presence of illegal drugs and other contraband that increases gang activity and violence as those involved seek control of the supply and distribution. Within the last month there have been attempts to introduce cocaine-laced papers and Spice-laced papers into the institutions, which puts inmates as well as DOC staff at risk of harm. This administrative regulation will be replaced by an ordinary administrative regulation that is being filed with the emergency administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation. An emergency administrative regulation governing a portion of the same subject matter has not been filed within the previous nine (9) months.
ANDY BESHEAR, Governor
HILARYE DAILEY, Deputy Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(New Emergency Administrative Regulation)
501 KAR 6:430E.Corrections policies and procedures: communication, mail, and visiting.
Section 1.
Incorporation by Reference.(1)
"Department of Corrections Policies and Procedures, Chapter 16", May 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 16 includes:16.1 | Inmate Visits (5/15/24) |
16.2 | Inmate Correspondence (5/15/24) |
16.3 | Inmate Access to Telephones (10/12/12) |
16.4 | Inmate Packages (8/12/16) |
16.5 | Video Visitation (5/15/24) |
16.6 | Inmate Tablets (5/15/24) |
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site in the policies and procedures area at https://corrections.ky.gov/About/cpp/Pages/default.aspx or the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.HILARYE DAILEY, Deputy Commissioner
APPROVED BY AGENCY: May 15, 2024
FILED WITH LRC: May 15, 2024 at 11:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 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 June 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, 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 inmate communication, mail, and visiting 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(1)(a) and (b) require the Department of Corrections to promulgate administrative regulations for the government and discipline of the penitentiary, government and official conduct of all officials connected with the penitentiary, government of the prisoners in their deportment and conduct, and preservation of the health of the prisoners. 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.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the department concerning communication, mail, and visiting. 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 and material incorporated by reference establish the policies and procedures that govern the operations of the Department of Corrections and its institutions concerning communication, mail, and visiting. It provides direction and information to department employees and inmates 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, 23,995 inmates, and visitors.
(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, visitors, and inmates will have to change their actions to comply with operational procedures.
(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 and its correctional institutions.
(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
(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 administrative regulation does not establish any fees.
(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
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections and its correctional institutions
(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:
This administrative regulation does not generate revenue.
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):
Affected local entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
Inmates and inmate families
(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:
This administrative regulation does not generate revenue.
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 policies and procedures incorporated by reference 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 administrative regulation being repealed is being replaced by new administrative regulations.