Title 501 | Chapter 007 | Regulation 060
PREVIOUS VERSION
The previous document that this document is based upon is available.
501 KAR 7:060.Security; control.
Section 1.
Policy and Procedure.(1)
Each jailer shall develop a written policy and procedure governing the security aspects of the center's operation.(2)
If requested in writing, the department may provide technical assistance to the jailer in formulating written policy and procedure.(3)
The policies and procedures shall include:(a)
Prisoner rules;(b)
Staffing;(c)
Searches of prisoner and of secure areas;(d)
Visitation;(e)
Key and weapon control;(f)
Prisoner head counts;(g)
Movement of prisoners;(h)
Emergency situations;(i)
Center schedule; and(j)
Administering medication.Section 2.
Prisoner Supervision.(1)
Jail personnel shall conduct rounds of the center at least every sixty (60) minutes.(2)
There shall be at least three (3) documented prisoner counts every twenty-four (24) hours during which each prisoner's physical presence, by show of skin or by movement, shall be observed or his location accounted for. At least one (1) count shall be conducted per shift.(3)
Males and females shall be housed separately and be separated by a physical barrier.Section 3.
Security Procedures.(1)
Each jailer shall establish a procedure for weekly inspection, for contraband and physical security, of each area accessible to any prisoner.(a)
Isolated security spot checks for contraband shall be conducted daily.(b)
The center rules, as specified in Section 1(3)(a) of this administrative regulation, shall contain a clear definition of each item permitted in the center. All other items shall be considered contraband.(c)
There shall be a written procedure for reporting security irregularities and for confiscating contraband.(2)
A weapon, ammunition, chemical agent, related security equipment, or an object which may be used as a weapon shall not be permitted in the security area unless authorized by the jailer. A firearm shall not be permitted in the security area unless authorized by the jailer, under emergency circumstances.(3)
All weapons, ammunition, chemical agents, or related security equipment, if not being carried or used, as authorized by the jailer, shall be stored in an arsenal, vault, or other secure room under lock.(a)
The weapons storage area shall be inaccessible to unauthorized persons.(b)
There shall be a written procedure for issuing and accounting for all weapons.(4)
Security devices and safety equipment shall be inspected each quarter to ensure they are maintained in proper working order.(5)
Tools and toxic, corrosive, or flammable substances, and other potentially dangerous supplies and equipment shall be stored in a secure, locked area not accessible to prisoners.(6)
A prisoner shall not use hazardous tools, supplies, or equipment unless the prisoner is under the direct supervision of jail personnel, and shall be provided with proper safety equipment.(7)
A prisoner may be assigned the responsibility of providing prisoner services, including providing meals under the direct supervision of jail personnel.(8)
A prisoner shall not be:(a)
Permitted to perform or assist in a security duty; or(b)
Assigned to a position of authority over another prisoner.(9)
A prisoner and his belongings shall be searched, in accordance with the requirements established in 501 KAR 7:120, if entering the security perimeter.(10)
Written procedures shall be developed for transporting a prisoner outside the center.(11)
Each center shall have key control procedures.Section 4.
Daily Center Log; Special Reports. A daily center log shall be kept current and shall reflect significant occurrences within the center. Special reports shall include:(1)
Use of force;(2)
Disciplinary action;(3)
Medical or mental health treatment;(4)
Feeding schedule and menus;(5)
Extraordinary occurrences:(a)
Fire;(b)
Assault;(c)
Suicide or attempted suicide that constitutes a serious health situation; or(d)
Escape or attempted escape;(6)
Prisoner vandalism;(a)
Destruction of center property; or(b)
Flooding of plumbing fixtures;(7)
Jail personnel roster for each shift;(8)
Visitors' log; or(9)
Fire emergency planning sessions, pursuant to 501 KAR 7:070, Section 1(1).HISTORY: (13 Ky.R. 821; eff. 11-11-1986; Am. 19 Ky.R. 1879; 2635; eff. 6-7-1993; 26 Ky.R. 180; 27 Ky.R. 91; eff. 7-17-2000; 31 Ky.R. 1573; 1806; eff. 5-26-2005; 37 Ky.R. 2978; 38 Ky.R. 586; eff. 10-7-2011; 48 Ky.R. 952; eff. 3-1-2022.)
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: July 23, 2021
FILED WITH LRC: August 3, 2021 at 12:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Any person who wishes to be heard at this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If a notice of intent to attend the hearing is not received by that date, the hearing may be cancelled. 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 October 31, 2021. Send written notice 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) 564-8207, 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 security procedures to be followed in 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).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes minimum standards to be followed for security procedures in restricted custody centers.
(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 statute citations for authority and enlarges the authorization language. It adds language concerning physical barriers to separate male prisoners from female prisoners to comply with a statutory change.
(b) The necessity of the amendment to this administrative regulation:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b) and to comply with the statute change.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It up-dates the minimum security standards as required by KRS 441.055 and includes language from a statutory change.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 44 county and regional restricted custody centers that house reduced custody Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 15 Local Facilities staff, and approximately 1,500 inmates in the restricted custody centers, including 853 reduced custody Class C and D felons.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Jail personnel will have to ensure that prisoners are separated by a physical barrier according to gender.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulation is clearer and includes statute compliance requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is 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:
No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No fees are established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all restricted custody centers.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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, 197.020, 441.055.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue is 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?
No revenue is generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
For fiscal year 2021, the department paid the local jails approximately $105.9 million for the housing, transportation, and medical care of state inmates. Full service jails receive the largest portion of this funding. Plus, the department incurred approximately $1,451,110 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:
501 KAR 7:060.Security; control.
Section 1.
Policy and Procedure.(1)
Each jailer shall develop a written policy and procedure governing the security aspects of the center's operation.(2)
If requested in writing, the department may provide technical assistance to the jailer in formulating written policy and procedure.(3)
The policies and procedures shall include:(a)
Prisoner rules;(b)
Staffing;(c)
Searches of prisoner and of secure areas;(d)
Visitation;(e)
Key and weapon control;(f)
Prisoner head counts;(g)
Movement of prisoners;(h)
Emergency situations;(i)
Center schedule; and(j)
Administering medication.Section 2.
Prisoner Supervision.(1)
Jail personnel shall conduct rounds of the center at least every sixty (60) minutes.(2)
There shall be at least three (3) documented prisoner counts every twenty-four (24) hours during which each prisoner's physical presence, by show of skin or by movement, shall be observed or his location accounted for. At least one (1) count shall be conducted per shift.(3)
Males and females shall be housed separately and be separated by a physical barrier.Section 3.
Security Procedures.(1)
Each jailer shall establish a procedure for weekly inspection, for contraband and physical security, of each area accessible to any prisoner.(a)
Isolated security spot checks for contraband shall be conducted daily.(b)
The center rules, as specified in Section 1(3)(a) of this administrative regulation, shall contain a clear definition of each item permitted in the center. All other items shall be considered contraband.(c)
There shall be a written procedure for reporting security irregularities and for confiscating contraband.(2)
A weapon, ammunition, chemical agent, related security equipment, or an object which may be used as a weapon shall not be permitted in the security area unless authorized by the jailer. A firearm shall not be permitted in the security area unless authorized by the jailer, under emergency circumstances.(3)
All weapons, ammunition, chemical agents, or related security equipment, if not being carried or used, as authorized by the jailer, shall be stored in an arsenal, vault, or other secure room under lock.(a)
The weapons storage area shall be inaccessible to unauthorized persons.(b)
There shall be a written procedure for issuing and accounting for all weapons.(4)
Security devices and safety equipment shall be inspected each quarter to ensure they are maintained in proper working order.(5)
Tools and toxic, corrosive, or flammable substances, and other potentially dangerous supplies and equipment shall be stored in a secure, locked area not accessible to prisoners.(6)
A prisoner shall not use hazardous tools, supplies, or equipment unless the prisoner is(7)
A prisoner may be assigned the responsibility of providing prisoner services, including providing meals under the direct supervision of jail personnel.(8)
A prisoner shall not be:(a)
Permitted to perform or assist in a security duty; or(b)
Assigned to a position of authority over another prisoner.(9)
A prisoner and his belongings shall be searched, in accordance with the requirements(10)
Written procedures shall be developed for transporting a prisoner outside the center.(11)
Each center shall have key control procedures.Section 4.
Daily Center Log; Special Reports. A daily center log shall be kept current and shall reflect significant occurrences within the center. Special reports shall include:(1)
Use of force;(2)
Disciplinary action;(3)
Medical or mental health treatment;(4)
Feeding schedule and menus;(5)
Extraordinary occurrences:(a)
Fire;(b)
Assault;(c)
Suicide or attempted suicide that constitutes a serious health situation; or(d)
Escape or attempted escape;(6)
Prisoner vandalism;(a)
Destruction of center property; or(b)
Flooding of plumbing fixtures;(7)
Jail personnel roster for each shift;(8)
Visitors' log; or(9)
Fire emergency planning sessions, pursuant to 501 KAR 7:070, Section 1(1).HISTORY: (13 Ky.R. 821; eff. 11-11-1986; Am. 19 Ky.R. 1879; 2635; eff. 6-7-1993; 26 Ky.R. 180; 27 Ky.R. 91; eff. 7-17-2000; 31 Ky.R. 1573; 1806; eff. 5-26-2005; 37 Ky.R. 2978; 38 Ky.R. 586; eff. 10-7-2011; 48 Ky.R. 952; eff. 3-1-2022.)
COOKIE CREWS, Commissioner
APPROVED BY AGENCY: July 23, 2021
FILED WITH LRC: August 3, 2021 at 12:15 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Any person who wishes to be heard at this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If a notice of intent to attend the hearing is not received by that date, the hearing may be cancelled. 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 October 31, 2021. Send written notice 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) 564-8207, 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 security procedures to be followed in 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).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation complies with the requirement to adopt jail standards in KRS 441.055(1)(a), (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes minimum standards to be followed for security procedures in restricted custody centers.
(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 statute citations for authority and enlarges the authorization language. It adds language concerning physical barriers to separate male prisoners from female prisoners to comply with a statutory change.
(b) The necessity of the amendment to this administrative regulation:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b) and to comply with the statute change.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment revises the standards as part of the review process in KRS 441.055(1)(b).
(d) How the amendment will assist in the effective administration of the statutes:
It up-dates the minimum security standards as required by KRS 441.055 and includes language from a statutory change.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 44 county and regional restricted custody centers that house reduced custody Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 15 Local Facilities staff, and approximately 1,500 inmates in the restricted custody centers, including 853 reduced custody Class C and D felons.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Jail personnel will have to ensure that prisoners are separated by a physical barrier according to gender.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulation is clearer and includes statute compliance requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is 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:
No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No fees are established or increased.
(9) TIERING: Is tiering applied?
No. The standards apply equally to all restricted custody centers.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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, 197.020, 441.055.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue is 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?
No revenue is generated by this administrative regulation.
(c) How much will it cost to administer this program for the first year?
For fiscal year 2021, the department paid the local jails approximately $105.9 million for the housing, transportation, and medical care of state inmates. Full service jails receive the largest portion of this funding. Plus, the department incurred approximately $1,451,110 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: