Title 501 | Chapter 007 | Regulation 010REG
PROPOSED
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PREVIOUS VERSION
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:010.Definitions for 501 KAR Chapter 7.
Section 1.
Definitions.(1)
"Automatic fire extinguishing system" means an approved system of devices and equipment that automatically detects a fire and discharges an approved fire extinguishing agent onto or in the area of a fire in accordance with 815 KAR 7:120.(2)
"Department" is defined by KRS 441.005(5).(3)
"Governing authority" means a county fiscal court, urban-county government, charter county government, consolidated local government, unified local government, or regional jail authority.(4)
"Jail administrator" means:(a)
The official appointed by a regional jail authority and charged with the responsibility of administering the regional jail as defined by KRS 441.005(7);(b)
The administrator or executive director of a department as defined by KRS 67B.020(1); or(c)
The administrator or director of a correctional services division as created by KRS 67A.028.(5)
"Jailer" means(a)
the official duly elected or appointed pursuant to Section 99 or 152 of the Kentucky Constitution, charged with the responsibility of administering the center(b)
(c)
(d)
(6)
"Jail personnel" is defined by KRS 441.005(6).(7)
"Medical authority" means the person or persons licensed to provide medical care to prisoners in the jail's custody.(8)
"Pat" or "frisk" means a manual search of a clothed person and includes a visual inspection of the open mouth.(9)
"Prisoner" is defined by KRS 441.005(3).(10)
"Prisoner living area" means a group of rooms or cells which provide housing for the prisoner population.(11)
"Probing of body cavities" means a manual or instrument search of a person's oral, anal, vaginal, or other body cavity, performed by medical personnel.(12)
"Restricted custody center" or "center" means a facility or area separate from the jail used for the housing of:(a)
Sentenced prisoners who have been approved for educational, work, or program participation release; and(b)
Pretrial prisoners who have been approved by the court for educational, work, or program participation release.(13)
"Security area" means a defined space whose physical boundaries have controlled ingress and egress.(14)
"Sexually abusive conduct" means:(a)
Sexual contact, sexual intercourse, and deviate sexual intercourse, as defined by KRS 510.010;(b)
Sexual abuse as defined by 28 C.F.R. 115.6; and(c)
Other types of similar sexually based conduct.(15)
"Strip search" means a body search during which a person is required to open or remove clothing, and during which a person is subject to visual inspection of the torso, female breast, genital area, and anal area, as well as other body cavities.(16)
"Telehealth" means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, transfer of health or medical data, and continuing education.The Jail Standards Review Commission established pursuant to KRS 441.055(1)(b) has approved the standards in this administrative regulation at its meeting on January 8, 2024, prior to its filing with the Legislative Research Commission in compliance with KRS 13A.120(3), 13A.220(6)(a), and 441.055(2).
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: February 6, 2024
FILED WITH LRC: February 15, 2024 at 8:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation 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 definitions for 501 KAR Chapter 7, which regulates restricted custody centers.
(b) The necessity of this administrative regulation:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b). Definitions are needed to explain terms used in the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes definitions for the regulation of restricted custody centers that house state prisoners.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds to the necessity language. The amendment revises the definition of Jailer to match language in KRS 67B.020(1) and 67A.028, and add KRS441.005(7).
(b) The necessity of the amendment to this administrative regulation:
It revises the definitions used within Chapter 7 as part of the standard review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It provides current and clear definitions for Chapter 7.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 35 county and regional jails that house Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 12 Local Facilities staff, and approximately 1,530 Class C and D felons in the restricted custody centers.
(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 apply the new definitions in their operations.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Jail staff will have a clear understanding of the definitions within Chapter 7.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State budgeted funds for the Department of Corrections and county budgeted funds for jail operating expenses.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased.
(9) TIERING: Is tiering applied?
No. Definitions apply equally to all restricted custody centers.
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 restricted custody centers.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 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, and medical care and programming incentives for state inmates. Full-service jails receive the largest portion of this funding. Plus, 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.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:010.Definitions for 501 KAR Chapter 7.
Section 1.
Definitions.(1)
"Automatic fire extinguishing system" means an approved system of devices and equipment that automatically detects a fire and discharges an approved fire extinguishing agent onto or in the area of a fire in accordance with 815 KAR 7:120.(2)
"Department" is defined by KRS 441.005(5).(3)
"Governing authority" means a county fiscal court, urban-county government, charter county government, consolidated local government, unified local government, or regional jail authority.(4)
"Jail administrator" means:(a)
The official appointed by a regional jail authority and charged with the responsibility of administering the regional jail as defined by KRS 441.005(7);(b)
The administrator or executive director of a department as defined by KRS 67B.020(1); or(c)
The administrator or director of a correctional services division as created by KRS 67A.028.(5)
"Jailer" means the official duly elected or appointed pursuant to Section 99 or 152 of the Kentucky Constitution, charged with the responsibility of administering the center.(6)
"Jail personnel" is defined by KRS 441.005(6).(7)
"Medical authority" means the person or persons licensed to provide medical care to prisoners in the jail's custody.(8)
"Pat" or "frisk" means a manual search of a clothed person and includes a visual inspection of the open mouth.(9)
"Prisoner" is defined by KRS 441.005(3).(10)
"Prisoner living area" means a group of rooms or cells which provide housing for the prisoner population.(11)
"Probing of body cavities" means a manual or instrument search of a person's oral, anal, vaginal, or other body cavity, performed by medical personnel.(12)
"Restricted custody center" or "center" means a facility or area separate from the jail used for the housing of:(a)
Sentenced prisoners who have been approved for educational, work, or program participation release; and(b)
Pretrial prisoners who have been approved by the court for educational, work, or program participation release.(13)
"Security area" means a defined space whose physical boundaries have controlled ingress and egress.(14)
"Sexually abusive conduct" means:(a)
Sexual contact, sexual intercourse, and deviate sexual intercourse, as defined by KRS 510.010;(b)
Sexual abuse as defined by 28 C.F.R. 115.6; and(c)
Other types of similar sexually based conduct.(15)
"Strip search" means a body search during which a person is required to open or remove clothing, and during which a person is subject to visual inspection of the torso, female breast, genital area, and anal area, as well as other body cavities.(16)
"Telehealth" means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, transfer of health or medical data, and continuing education.The Jail Standards Review Commission established pursuant to KRS 441.055(1)(b) has approved the standards in this administrative regulation at its meeting on January 8, 2024, prior to its filing with the Legislative Research Commission in compliance with KRS 13A.120(3), 13A.220(6)(a), and 441.055(2).
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: February 6, 2024
FILED WITH LRC: February 15, 2024 at 8:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation 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 definitions for 501 KAR Chapter 7, which regulates restricted custody centers.
(b) The necessity of this administrative regulation:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b). Definitions are needed to explain terms used in the chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes definitions for the regulation of restricted custody centers that house state prisoners.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds to the necessity language. The amendment revises the definition of Jailer to match language in KRS 67B.020(1) and 67A.028, and add KRS441.005(7).
(b) The necessity of the amendment to this administrative regulation:
It revises the definitions used within Chapter 7 as part of the standard review process in KRS 441.055(1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 196.035 gives authority to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It provides current and clear definitions for Chapter 7.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 35 county and regional jails that house Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 12 Local Facilities staff, and approximately 1,530 Class C and D felons in the restricted custody centers.
(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 apply the new definitions in their operations.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Additional cost is not anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Jail staff will have a clear understanding of the definitions within Chapter 7.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State budgeted funds for the Department of Corrections and county budgeted funds for jail operating expenses.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are not established or increased.
(9) TIERING: Is tiering applied?
No. Definitions apply equally to all restricted custody centers.
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 restricted custody centers.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 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, and medical care and programming incentives for state inmates. Full-service jails receive the largest portion of this funding. Plus, 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.