Title 501 | Chapter 007 | Regulation 080REG
PROPOSED
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 7:080.Sanitation; hygiene.
Section 1.
Procedures.(1)
The jailer shall provide for:(a)
The control of vermin and pests; and(b)
Both solid and liquid waste disposal.(2)
The jailer shall have a written preventative maintenance plan which includes schedules for:(a)
Cleaning various specified locations and items in the center;(b)
Inspections by the jailer;(c)
Trash and garbage removal; and(d)
Periodic inspection and maintenance of specified mechanical equipment.(3)
The center shall have fresh, purified air circulating within each prisoner living and activity area.(4)
The center shall furnish clean, sanitized bedding to prisoners, including:(a)
One (1) penal mattress;(b)
One (1) blanket, if conditions require;(c)
Two (2) sheets;(d)
One (1) pillow, if not part of the mattress; and(e)
One (1) pillowcase, if applicable.(5)
Prisoner bedding shall be cleaned on a regular basis according to the schedule established in this subsection.(a)
Sheets, pillowcases, and mattress cover shall be cleaned at least once per week and cleaned prior to reissue to another prisoner(b)
Blankets shall be laundered upon reissue or quarterly, whichever is sooner.(c)
Mattresses and pillows shall be cleaned quarterly and cleaned prior to reissue to another inmate.(6)
Each prisoner shall be issued a clean towel. Towels shall be laundered at least twice weekly and laundered prior to reissue to another inmate. Prisoners shall not be required to be without a towel while laundry is being processed.(7)
Provisions shall be made for laundering prisoner clothing at least twice weekly. Prisoners shall not be required to be without clean clothing while laundry is being processed.(8)
Floors, toilets, and sinks shall be cleaned daily or more often as necessary.(9)
Showers shall be cleaned on at least a weekly basis.(10)
(a)
Prisoners shall be issued or permitted to obtain the following hygienic items:1.
Soap;2.
Toothbrush;3.
Toothpaste; and4.
Toilet paper5.
(b)
An indigent prisoner shall be furnished these items by the center.(11)
Hair cutting services or sanitized hair cutting equipment shall be available to all prisoners.(12)
All prisoners shall be permitted to shave a minimum of two (2) times per week. Communal razors shall not be used. A sanitized electric razor may be substituted with jailer approval.(13)
Prisoners assigned to prisoner living areas shall be issued an adequate number of sanitary supplies, if applicable.(14)(13)
All prisoners shall be provided shower facilities within twenty-four (24) hours of admission. Prisoners shall be permitted to shower daily.(15)(14)
All prisoners in the center shall be provided with hot and cold running water in showers and lavatories.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 August 15, 2023, 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:
It establishes minimum standards to be followed for proper sanitation and hygiene 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:
It establishes sanitation and hygiene procedures to be followed in restricted custody centers as required by KRS 441.055.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes minimum sanitation and hygiene requirements for 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 enlarges the necessity language, changes the term "inmate" to "prisoner", and revises and changes the location of language that requires availability of female sanitary supplies.
(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).
(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 ensures appropriate sanitation and hygiene in restricted custody centers.
(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 restricted custody centers that house reduced custody Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 12 Local Facilities staff, and approximately 1,530 inmates 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:
The jail will have to provide an adequate number of sanitary supplies.
(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):
Sanitary conditions for prisoners in restricted custody centers will be better.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Additional cost is not anticipated.
(b) On a continuing basis:
Additional 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. The standards 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, 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?
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. In addition, 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 7:080.Sanitation; hygiene.
Section 1.
Procedures.(1)
The jailer shall provide for:(a)
The control of vermin and pests; and(b)
Both solid and liquid waste disposal.(2)
The jailer shall have a written preventative maintenance plan which includes schedules for:(a)
Cleaning various specified locations and items in the center;(b)
Inspections by the jailer;(c)
Trash and garbage removal; and(d)
Periodic inspection and maintenance of specified mechanical equipment.(3)
The center shall have fresh, purified air circulating within each prisoner living and activity area.(4)
The center shall furnish clean, sanitized bedding to prisoners, including:(a)
One (1) penal mattress;(b)
One (1) blanket, if conditions require;(c)
Two (2) sheets;(d)
One (1) pillow, if not part of the mattress; and(e)
One (1) pillowcase, if applicable.(5)
Prisoner bedding shall be cleaned on a regular basis according to the schedule established in this subsection.(a)
Sheets, pillowcases, and mattress cover shall be cleaned at least once per week and cleaned prior to reissue to another prisoner.(b)
Blankets shall be laundered upon reissue or quarterly, whichever is sooner.(c)
Mattresses and pillows shall be cleaned quarterly and cleaned prior to reissue to another inmate.(6)
Each prisoner shall be issued a clean towel. Towels shall be laundered at least twice weekly and laundered prior to reissue to another inmate. Prisoners shall not be required to be without a towel while laundry is being processed.(7)
Provisions shall be made for laundering prisoner clothing at least twice weekly. Prisoners shall not be required to be without clean clothing while laundry is being processed.(8)
Floors, toilets, and sinks shall be cleaned daily or more often as necessary.(9)
Showers shall be cleaned on at least a weekly basis.(10)
(a)
Prisoners shall be issued or permitted to obtain the following hygienic items:1.
Soap;2.
Toothbrush;3.
Toothpaste; and4.
Toilet paper.(b)
An indigent prisoner shall be furnished these items by the center.(11)
Hair cutting services or sanitized hair cutting equipment shall be available to all prisoners.(12)
All prisoners shall be permitted to shave a minimum of two (2) times per week. Communal razors shall not be used. A sanitized electric razor may be substituted with jailer approval.(13)
Prisoners assigned to prisoner living areas shall be issued an adequate number of sanitary supplies, if applicable.(14)
All prisoners shall be provided shower facilities within twenty-four (24) hours of admission. Prisoners shall be permitted to shower daily.(15)
All prisoners in the center shall be provided with hot and cold running water in showers and lavatories.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 August 15, 2023, 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:
It establishes minimum standards to be followed for proper sanitation and hygiene 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:
It establishes sanitation and hygiene procedures to be followed in restricted custody centers as required by KRS 441.055.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It establishes minimum sanitation and hygiene requirements for 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 enlarges the necessity language, changes the term "inmate" to "prisoner", and revises and changes the location of language that requires availability of female sanitary supplies.
(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).
(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 ensures appropriate sanitation and hygiene in restricted custody centers.
(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 restricted custody centers that house reduced custody Class C and D felons and their staff, approximately 50 Department of Corrections’ employees, including 12 Local Facilities staff, and approximately 1,530 inmates 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:
The jail will have to provide an adequate number of sanitary supplies.
(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):
Sanitary conditions for prisoners in restricted custody centers will be better.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Additional cost is not anticipated.
(b) On a continuing basis:
Additional 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. The standards 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, 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?
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. In addition, 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.