501 KAR | Title 501 KAR — Justice and Public Safety Cabinet - Department of Corrections

Chapter 1 Kentucky Parole Board

501 KAR 1:030 Determining parole eligibility {#sec-501-kar-1-030 omnilex-key=us-ky-regs-official--title-501--501 KAR 1:030}

Section 1. Definitions.

(1) "Board" is defined by KRS 439.250(5).

(2) "Deferment" means a decision by the board that an inmate shall serve a specific number of months before further parole consideration.

(3) "Detainer" means a document issued or made by a legal authority, authorizing the keeper of a prison or jail to keep the person named in the document in custody.

(4) "Parole" means the release of an inmate with a signed parole certificate to:

(a) The community prior to the expiration of his sentence, subject to conditions imposed by the board and subject to its supervision; or

(b) Answer the detainer.

(5) "Parole eligibility date" means the date set by the board for conducting parole hearings at the location designated for an inmate's parole release hearing to take place during the month the inmate becomes eligible for parole.

(6) "Parole recommendation" means a decision of the board that an inmate may be released from incarceration prior to the expiration of his sentence.

(7) "Parole for violent offender" is defined in KRS 439.3401.

(8) "Physical injury" is defined in KRS 500.080(13).

(9) "Serious physical injury" is defined in KRS 500.080(15).

(10) "Serve-out", "SOT", or "serve-out-time" means a decision of the board that an inmate shall serve until the completion of his sentence.

(11) "SOTP" means Sex Offender Treatment Program.

Section 2. Ineligibility.

(1) An eligible sex offender, as defined in KRS 197.410(2), convicted prior to July 15, 1998 shall not be eligible for a parole consideration hearing unless:

(a) He has been denied entrance into the Sex Offender Treatment Program;

(b) He has been terminated from the SOTP; or

(2) On or after July 15, 1998, a sex offender's eligibility shall be governed by KRS 197.045(4).

(3) On or after July 15, 1998, a person confined to a state penal institution or county jail as a result of the revocation of his postincarceration supervision by the court pursuant to KRS 532.043 and 532.060 shall not be eligible for parole consideration.

(4) If an inmate is within sixty (60) days of being released by minimum expiration, administrative release, or maximum expiration at the time of his next scheduled parole hearing, the inmate shall not be eligible for parole.

Section 3. Parole Eligibility.

(1) Initial parole review. Except as provided by Section 2 of this administrative regulation, a person confined to a state penal institution or county jail shall have his case reviewed by the board, in accordance with the following schedules:

(a) A nonviolent offender convicted of a Class D felony with an aggregate sentence of one (1) to five (5) years shall have his or her case reviewed by the Parole Board upon reaching his or her parole eligibility date as established in KRS 439.340(3)(a).

(b) For a felony offense committed prior to December 3, 1980:

(d) For any crime, committed on or after July 15, 1986, but prior to July 15, 1998, which is a capital offense, Class A felony, or Class B felony where the elements of the offense or the judgment of the court demonstrate that the offense involved death or serious physical injury to the victim or Rape 1 or Sodomy 1:

(e) For a crime:

Committed on or after July 15, 1998, which is a capital offense, Class A felony, or Class B felony where the elements of the offense or the judgment of the court demonstrate that the offense involved death or serious physical injury to the victim or Rape 1 or Sodomy 1;
Committed on or after July 15, 2002, which is:

a. Burglary in the first degree accompanied by the commission or attempted commission of a felony sexual offense in KRS Chapter 510;

b. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;

c. Burglary in the first degree accompanied by commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

d. Robbery in the first degree;

Committed on or after July 12, 2006, which is:

a. A capital offense;

b. Class A felony;

c. Complicity to a Class A felony;

d. Class B felony involving the death of the victim or serious physical injury to a victim;

e. The commission or attempted commission of a Class A or B felony sex offense in KRS Chapter 510;

f. The use of a minor in a sexual performance as described in KRS 531.310(2)(b) and 531.310(2)(c);

g. Promoting a sexual performance by a minor as described in KRS 531.320(2)(b) and 531.320(2)(c);

h. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a) when the minor is less than sixteen (16) years old or if the minor incurs physical injury;

i. Promoting prostitution in the first degree as described in KRS 529.030(1)(a) when the minor is less than sixteen (16) years old or if the minor incurs physical injury;

j. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;

k. Burglary in the first degree accompanied by the commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

l. Robbery in the first degree; or

Committed on or after June 26, 2007, which is:

a. A capital offense;

b. Class A felony;

c. Complicity to a Class A felony;

d. Class B felony involving the death of the victim or serious physical injury to a victim;

e. The commission or attempted commission of a Class A or B felony sex offense in KRS Chapter 510;

f. The use of a minor in a sexual performance as described in KRS 531.310(2)(b) and 531.310(2)(c);

g. Promoting a sexual performance by a minor as described in KRS 531.320(2)(b) and 531.320(2)(c);

h. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a) when the minor is less than sixteen (16) years old or if the minor incurs physical injury;

i. Human trafficking as described in KRS 529.010(5)(b) when the victim is a minor;

j. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;

k. Burglary in the first degree accompanied by the commission or attempted commission of kidnapping as prohibited by KRS 509.040; or

l. Robbery in the first degree:

(f) For an individual serving multiple sentences, if one (1) or more of the crimes resulted in a conviction committed under paragraph (e) of this subsection and one (1) or more of the crimes resulted in a conviction committed under paragraph (c) of this subsection, parole eligibility shall be calculated by applying the parole eligibility criteria in effect at the time the most recent crime was committed.

(2) Subsequent parole review. Except as provided in KRS 439.340(14):

(a) After the initial review for parole, a subsequent review, during confinement, shall be at the discretion of the board; and

(b) The board, at the initial or a subsequent review, may order a serve-out on a sentence.

(3) Parole review with new felony conviction.

(a) If a confined prisoner is sentenced for a felony committed prior to the date of his current incarceration, he has not been discharged since his original admission, and if this new conviction will be served consecutively, the sentence received for the latter conviction shall be added to the sentence currently being served to determine his parole eligibility.

(b)

If a confined prisoner is a returned parole violator who receives an additional consecutive sentence, his parole eligibility shall be set on the length on the new sentence only, beginning from the date of his final sentencing, unless the board has previously set a new parole eligibility date.
If the board has previously set a new parole eligibility date, the parole eligibility date shall be the date which last occurs.

(c) If parole is recommended, and a confined prisoner receives an additional sentence after board consideration, but before his release:

The recommendation of parole shall automatically be voided; and
The new parole eligibility date shall be set based upon the date of original admission on the aggregate sentences.

(4) Parole review for crimes committed while in an institution or while on escape. If an inmate commits a crime while confined in an institution or while on an escape and receives a concurrent or consecutive sentence for this crime, eligibility time towards parole consideration on the latter sentence shall not begin to accrue until he becomes eligible for parole on his original sentence. This shall include a life sentence.

(a) Except as provided by paragraph (b) of this subsection, in determining parole eligibility for an inmate who receives a sentence for an escape, a sentence for a crime committed while in the institution, or on a sentence for a crime committed while on an escape, the total parole eligibility shall be set by adding the following, regardless of whether the sentences are ordered to run concurrently or consecutively:

The amount of time to be served for parole eligibility on the original sentence;
If the inmate has an additional sentence for escape, the amount of time to be served for parole eligibility on the additional sentence for the escape;
If the inmate has an additional sentence for a crime committed while in the institution, the amount of time to be served for parole eligibility on the additional sentence for the crime committed while in the institution; and
If the inmate has an additional sentence for a crime committed while on escape, the amount of time to be served for parole eligibility on the additional sentence for the crime committed while on escape.

(b) If the board has previously set a parole eligibility date for an inmate described in paragraph (a) of this subsection, and that date is later than that set under paragraph (a) of this subsection, the later date shall be the parole eligibility date.

(c)

Except as provided by paragraph (b) of this subsection, if a confined prisoner who has previously met the board is given a deferment, escapes during the period of the deferment, and returns from that escape without a new sentence for the escape, the time out on the escape shall be added to the original deferment date to arrive at the new adjusted date.

a. If the prisoner later receives a sentence for the escape, the previous deferment shall be automatically voided and the new parole eligibility date shall be set based on the new sentence beginning from the date of sentencing for the new sentence, unless the deferment date set by the board is a later date than that set based on the new sentence.

b. If the deferment date set by the board is a later date, the parole eligibility date shall be the date which last occurs.

(d) If an inmate receives a serve-out or deferment on his original sentence prior to receiving an escape sentence or a sentence for a crime committed while on escape or confined in an institution, his parole eligibility date shall be set from the date of his new sentence or from the date previously set by the board, whichever occurs last.

(e) If an inmate receives a parole recommendation but escapes prior to being released, the parole recommendation shall be void. Upon return to a state institution, the board shall, as soon as possible, conduct a file review and set or fix his parole eligibility date. If the board so determines it may conduct a face-to-face hearing with this person at the institution with a three (3) member panel.

(5) Parole reviews for persons on shock probation or on prerelease probation. If a person is shock probated, or on prerelease probation, and is later returned to the institution as a shock probation violator or prerelease probation violator, his new parole eligibility shall be calculated by adding the period of time the inmate is on shock probation or prerelease probation to his original parole eligibility date.

(a) If a person on shock probation or prerelease probation is returned to the institution with a new consecutive sentence acquired while on shock probation or prerelease probation, he shall be eligible for a parole hearing if he has reached parole eligibility on the aggregate of the two (2) sentences. The time served toward parole eligibility prior to discharge by shock probation or prerelease probation shall be included as part of the total period of time to be served for parole eligibility on the aggregate sentences. The time spent out on shock probation or prerelease probation shall not be included as part of the total period of time to be served for parole eligibility.

(b) If a person on parole is returned to the institution, has received a new sentence for a crime committed while on parole, and is probated or shock probated on the new sentence, the board shall, as soon as possible, conduct a file review and set or fix his parole eligibility date. If the board so determines, it may conduct a face-to-face hearing with this person at the institution with a panel of at least two (2) members.

Section 4. Emergency Authority. If the Commissioner of the Department of Corrections gives notice to the board of a need to relieve state prison or local jail overpopulation, the board may authorize the Commissioner to release one (1) or more persons who have been granted parole but who remain in custody solely to meet the time service requirements of this administrative regulation, if:

(1) Sixty (60) or fewer days remain between the date of the actual release and the date on which the inmate would otherwise be physically released on parole;

(2) The release would not result in a violation of a statutorily set minimum service of time requirement, including that set out for violent offenders under KRS 439.3401; and

(3) All other release requirements, including victim notification and re-entry planning, are completed.

History

RELATES TO: KRS 49.480, 119.025, 197.410(2), 439.340, 439.3401, 439.563, 532.043, 532.060, 532.080, 640.080
STATUTORY AUTHORITY: KRS 439.340(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 439.340(3) requires the Kentucky Parole Board to promulgate administrative regulations with respect to eligibility of prisoners for parole. This administrative regulation establishes the criteria for determining parole eligibility.
History: 15 Ky.R. 1186; Am. 1467; eff. 12-2-1988; 2424; eff. 7-26-1989; 21 Ky.R. 2165; 2671; eff. 5-4-1995; 24 Ky.R. 2143; 25 Ky.R. 69; eff. 7-13-1998; 607; 1352; eff. 12-17-1998; 27 Ky.R. 3347; 28 Ky.R. 615; eff. 9-10-2001; 36 Ky.R. 910; 1201; eff. 1-4-2010; 37 Ky.R. 1541; 2160; eff. 4-1-2011; 38 Ky.R. 824; 1127; eff. 1-6-2012; 43 Ky.R. 2209; 44 Ky.R. 218; eff. 9-1-2017; Cert to Am; filing deadline 2-28-2026.

501 KAR 1:040 Parole revocation hearing procedures {#sec-501-kar-1-040 omnilex-key=us-ky-regs-official--title-501--501 KAR 1:040}

Section 1. Definitions.

(1) "Board" means the Kentucky Parole Board established in KRS 439.320.

(2) "Fact finder" means the person or entity that determines the facts at a hearing and includes the administrative law judge or the Parole Board depending on which conducts the hearing and issues findings of fact.

(3) "Final hearing" means a hearing before a fact finder to determine by a preponderance of the evidence that a violation occurred and to offer an opportunity to present mitigating evidence.

(4) "Parole" means parole and other forms of supervision treated like parole in that the Parole Board has the authority to revoke supervision.

(5) "Probable cause hearing" means a hearing before an administrative law judge to determine if there is probable cause that a parole violation has occurred.

Section 2. Notice of Probable Cause Hearing. Charges of a parole violation shall be initiated by a parole officer of the Department of Corrections by service of a notice of the probable cause hearing.

(1) The parole officer shall complete the following for the notice:

(a) Alleged violations;

(b) Evidence to be presented at the hearing;

(c) Witnesses upon whose statements revocation is based if disclosure of that information will not create a risk of harm to the witness;

(d) Time;

(e) Date; and

(f) Location of hearing.

(2) The notice shall also:

(a) State the purpose of the hearing;

(b) Inform the offender of his right to:

Be present;
Speak on his own behalf; and
Call witnesses and present evidence in defense of the charges;

(d) Inform the offender that the hearing shall not be held sooner than five (5) business days after the offender is served with the notice of the hearing, unless the offender waives this time period;

(e) Inform the offender that he may request a continuance of the hearing, if good cause is shown; and

(f) Include a copy of a blank subpoena that may be used to request documents.

Section 3. Probable Cause Hearing Preliminary Information.

(1) Hearing Date. A probable cause hearing shall not be conducted earlier than five (5) business days after service of the notice of the hearing, unless this period is waived by the offender.

(2) Representation by counsel. An offender appearing at a Preliminary Revocation Hearing may be represented by counsel. The offender may have a continuance for the purpose of obtaining the presence of counsel by making a motion for this purpose. More than two (2) appearances for hearing without counsel by an offender who is capable of retaining counsel may be deemed an implicit waiver of counsel.

(3) The offender may request a continuance of the hearing from the administrative law judge for good cause.

(4) Agency representation. A duly appointed probation and parole officer of the Commonwealth of Kentucky may appear before the administrative law judge as the representative of the Department of Corrections in matters relating to the revocation of parole in the absence of an attorney, pursuant to SCR 3.700 sub-rule 3.

Section 4. Waiver of Probable Cause Hearing.

(1) Except for offenders who are less than eighteen (18) years of age, an offender charged with a violation of parole may waive the probable cause hearing by waiving his appearance before an administrative law judge.

(2) An offender shall submit the waiver in writing to the offender's Probation and Parole Officer who shall forward it to the board or its administrative law judge for approval.

(3) The waiver may be accepted at the discretion of the board or its administrative law judges.

(4) A waiver shall not be accepted unless it is found that the offender:

(a) Made the waiver:

Knowingly; and
Voluntarily; and

(b) Understands that the offender admits probable cause exists for the violations charged.

(5) Notwithstanding the submission and acceptance of a waiver of the probable cause hearing, the offender may still have a final revocation hearing.

(6) After approval of the waiver, the matter shall proceed in the same manner as if a hearing was held and probable cause determined.

(7) If an offender being supervised in another state signs a waiver of probable cause hearing in that state, the waiver shall be reviewed by an administrative law judge of the board to determine if the waiver meets the requirements of subsections (1) - (6) of this section. If the administrative law judge determines that the waiver does not comply with subsections (1) - (6) of this section, the board chair or designee shall refer the matter back to the Division of Probation and Parole and request that it take action necessary to insure compliance with this administrative regulation.

Section 5. Conduct of Probable Cause Hearing.

(1) A probable cause hearing shall be conducted by an administrative law judge who shall have control over the proceedings and the reception of evidence at the hearing.

(2) Hearing Record. A probable cause hearing shall be conducted on the record. The hearing may be recorded and preserved by any means practical, including electronically, mechanically, or stenographically. If requested by the board, the record of the proceedings shall be transcribed.

(3) Hearing Procedure.

(a) The administrative law judge may take judicial notice of acts of the board, including the conditions of parole, and all other matters which may be judicially noticed in the courts of this Commonwealth pursuant to KRE 201. Matters for which judicial notice was taken shall be included in the administrative law judge's findings of facts.

(b) A witness shall testify under oath, administered by the administrative law judge, and shall be available for examination by the other party or the administrative law judge, unless good cause dictates otherwise. The party arguing that a witness should not be available for examination shall submit documentation to the fact finder at least twenty-four (24) hours prior to the hearing date stating the name of the witness and the basis upon which the party argues the witness should not be made available for examination by the other party.

(d) The parole officer shall present evidence first and the offender shall be given the opportunity to present evidence in defense. Any further proceedings shall be conducted at the discretion of the administrative law judge.

(4) Amend Notice of Hearing. The notice of the hearing may be amended at any time prior to the close of the record of the preliminary hearing, within the discretion of the administrative law judge, if a finding is made that the substantial rights of the parolee shall not be prejudiced by the amendment. If the notice is amended, a continuance of the hearing may be granted if the interest of justice so requires. Failure to object to any defect in the notice prior to the close of the hearing shall be deemed a waiver.

(5) Continuance of Hearing. The probable cause hearing may be continued or recessed with further proof to be taken at any time prior to the close of the record for good cause shown. At the request of either party, the administrative law judge may, within his or her discretion, leave the record open for reception of additional evidence provided that no substantial rights are prejudiced. The record shall not be left open for longer than fourteen (14) business days unless good cause is shown and approved by the administrative law judge.

Section 6. Probable Cause Determination.

(1) The administrative law judge shall make a determination whether probable cause exists to believe that the offender has committed any or all of the violations alleged in the notice of probable cause hearing.

(2) The determination shall be made from the evidence produced at the hearing and any evidence for which judicial notice is taken.

(3) The determination shall be rendered at the close of the hearing or within a reasonable time thereafter.

(4) If probable cause is not found by the administrative law judge:

(a) The offender shall continue on parole without further action by the board, if no parole violation warrant has been issued; or

(b) The matter shall be referred to the board pursuant to Section 7 of this administrative regulation for the warrant to be rescinded, if a parole violation warrant has been issued.

(5) If probable cause is found by the administrative law judge, the matter shall be referred to the board for issuance of a parole violation warrant, if one has not been issued, and a final revocation hearing.

(6) The administrative law judge shall not consider matters of bail or any other form of release from custody for an offender accused of parole or probation violations, in the absence of any specific statutory authorization.

(7) Written Decision. The administrative law judge shall issue within seven (7) business days a written decision stating the determination concerning probable cause, the reasons for the determination, and the evidence relied upon. The decision shall be sent to the parole officer and the offender or counsel if represented at the probable cause hearing.

Section 7. Referral for Parole Violation Warrant.

(1) If probable cause is determined to exist, the case shall be referred to the board for issuance of a parole violation warrant and a final revocation hearing.

(2) New Criminal Conviction.

(a) If the alleged violation of parole, as set forth in the notice of probable cause hearing, is new criminal conduct which does not also constitute a technical violation of the conditions of supervision, or the conditions of parole, the case shall not be referred to the board for parole revocation consideration unless the:

Offender has received a conviction in a court of law;
Offender had pled guilty to the alleged criminal conduct;
Offender has made some other form of judicial admission; or
Criminal conduct, or a substantial part of it, was committed in the presence of a duly appointed probation and parole officer of the Commonwealth of Kentucky.

(b) Nothing in this subsection shall prevent revocation of parole for a technical violation, which also happens to partially or wholly involve criminal conduct.

Section 8. Parole Violation Warrant. Parole violation warrants shall be issued as set forth below:

(1) If a case is referred to the board by the administrative law judge under the provisions of Section 6(5) of this administrative regulation, the board chair shall issue the parole violation warrant. A vote of the board shall not be necessary.

(2) If it appears that an offender has absconded from parole supervision, it otherwise appears that a parolee is a fugitive from justice, or a parole violation warrant is necessary to effect the return of the parolee to the state of Kentucky, the board chair may issue a warrant, if the chair receives documentation from the supervising parole officer, setting forth facts sufficient to conclude there are reasonable grounds to believe that some violation has occurred, and the commissioner or his designee submits to the board a recommendation that a warrant be issued.

(3) If the offender is being supervised outside the state of Kentucky, the board chair shall determine whether to issue a parole violation warrant based upon:

(a) A written report from the supervising state setting forth facts sufficient to conclude that there are reasonable grounds to believe that a violation of parole has occurred; and

(b) The commissioner or his designee submits to the board a recommendation that a warrant be issued.

(4) The board may decline any request for a parole violation warrant made pursuant to any section of this administrative regulation except subsection (1) of this section. Any parole violation warrant, issued under any section of this administrative regulation, may be rescinded by majority vote of the board at any time.

(5) The board chair shall issue parole violation warrants for the board without a board vote.

(6) Any member of the board designated by the board chair may sign a parole violation warrant in the absence of the chair.

Section 9. Probable Cause Hearing Conducted Subsequent to Issuance of the Parole Violation Warrant or for Offenders Supervised in Another State.

(1)

(a) This subsection shall not apply if a parolee is being supervised by another state and if that supervisory state held a probable cause hearing for the parolee.

(b) A probable cause hearing shall be conducted, if:

A parole violation warrant was issued for an offender without a probable cause hearing; and
The offender is apprehended or returns to the Commonwealth of Kentucky.

(c) Except as provided by paragraph (e) of this subsection, following the hearing, the offender shall be ordered returned to the appropriate institution of the Kentucky Department of Corrections for further consideration by the board if the administrative law judge finds that there is probable cause to believe that the:

Offender committed any of the violations contained in the warrant; and
Warrant was validly issued as to any of the charges contained within it.

(d) If the administrative law judge finds no probable cause, the case shall be referred to the board to withdraw the warrant and return the offender to supervision.

(e) If probable cause is found:

The administrative law judge shall refer the case to the board to decide whether the warrant should be exercised or withdrawn if:

a. The parole officer moves for a referral; or

b. The administrative law judge finds that there are overwhelming mitigation factors present that were not known to the board at the time of the warrant's issuance.

If the board decides to withdraw the warrant, the offender shall be returned to normal parole supervision, subject to any additional conditions the board may impose.
If the board decides to exercise the warrant, the parolee shall be ordered returned to the appropriate institution.

(2) If a probable cause hearing is held by the supervising state for an offender being supervised in another state, and the supervising state concludes as a result of the hearing that a violation has occurred:

(a) The case shall first be reviewed by an administrative law judge for the board to determine whether the proceeding held in the supervising state and the conclusions reached in the hearing comply with due process;

(b) After the review, the administrative law judge shall refer the case to the board for:

Issuance of a parole violation warrant as set forth in Section 7 of this administrative regulation if one has not been issued; or
A final hearing as set forth in Section 11 of this administrative regulation if a warrant has been issued.

Section 10. Notice of Final Revocation Hearing. The final revocation hearing process shall be initiated by service of a notice of final revocation hearing.

(1) The parole officer shall complete the following for the notice:

(a) Alleged violations;

(b) Evidence against the offender to be presented at the hearing;

(c) Witnesses upon whose statements revocation is based if disclosure of that information will not create a risk of harm to the witness;

(d) Time;

(e) Date;

(f) Location of hearing; and

(g) The notice shall include a copy of a blank subpoena that can be used to request documents.

(2) The notice shall also inform the offender that:

(a) A hearing will be conducted on the alleged violations;

(b) The standard of proof for the hearing shall be a preponderance of the evidence;

(d) The offender may be entitled to have counsel present at the final revocation hearing; and

(e) If the offender wants to have counsel present at the final revocation hearing, he shall request the presence of counsel at the hearing in writing prior to the hearing date. The fact finder shall respond to his request within five (5) business days of receipt.

Section 11. Final Revocation Hearing Preliminary Information.

(1) Hearing Date. A final revocation hearing shall be held within thirty (30) days after the return of the parolee to a state institution. The offender may request a delay or continuance for good cause from the board.

(2) The purpose of the final revocation hearing shall be to determine if the offender's parole will be revoked.

(3) Requests to have counsel present at the final revocation hearing.

(a) A determination of whether the offender may have counsel present at the final revocation hearing shall be made on a case-by-case basis by the board within five (5) days after the request is received by the fact finder.

(b) In making this determination, the board shall consider whether the offender:

Has articulated a timely and colorable claim that he did not commit the alleged violation of the conditions of supervision;
Has articulated substantial reasons that:

a. Justify or mitigate the violation;

b. Make the revocation inappropriate; and

c. Are complex or otherwise difficult to develop or present; and

Appears to be capable of speaking effectively for himself.

(c) If the offender is allowed counsel at the final hearing, the offender may have a continuance for the purpose of obtaining the presence of counsel by making a motion for this purpose. More than two (2) appearances for hearing without counsel by an offender who is capable of retaining counsel may be deemed an implicit waiver of counsel.

(4) Limited Request for Final Revocation Hearing.

(a) If an offender had a final revocation hearing on or after July 5, 2018 and before October 24, 2019, the offender may request a new final revocation hearing by sending a request for a new final revocation hearing in writing to the board. The request shall include:

The date of the offender's probable cause hearing;
The date of the revocation decision; and
Any documentation of the revocation decision in the offender's possession.

(b) A request for a final hearing under this section shall not be accepted if a final revocation hearing was held on or after October 24, 2019.

Section 12. Waiver of Final Revocation Hearing.

(1) With the exception of offenders who are less than eighteen (18) years of age, an offender being held pursuant to a parole violation warrant may request to waive his final revocation hearing, after his probable cause hearing or acceptance of a waiver of the final revocation hearing.

(2) Waiver Procedure.

(a) An offender shall submit the waiver in writing to the board or its fact finder for approval.

(b) The waiver may be accepted at the discretion of the board or its fact finder.

Made the waiver:

a. Knowingly; and

b. Voluntarily; and

Understands that the offender admits the violations charged occurred.

(d) In the event that waiver of the final revocation hearing is accepted, the final decision on the revocation of the offender's parole shall be made by the board without any further proceedings.

Section 13. Conduct of Final Revocation Hearing.

(1) Hearing Procedure.

(a) The charges of violations and the evidence against the offender shall be explained to offender.

(b) The offender shall then have the opportunity to present evidence in defense and mitigation of the charges.

(d) The hearing may be continued or recessed with further proof to be taken at any time prior to the close of the record for good cause shown and provided no substantial rights are prejudiced.

(e) The hearing shall be conducted on the record and may be recorded and preserved by any means practical, including electronically, mechanically, or stenographically. If requested by the Board, the record of the proceedings shall be transcribed.

(2) Written Findings of Fact and Decision.

(a) The fact finder shall provide the offender with written findings of fact concerning the alleged violations within twenty-one (21) days of the final revocation hearing.

(b) The board chair or designee may extend the time period for good cause. Notice of an extension shall be sent to the offender.

Determination of whether the fact finder found the offender to have committed the alleged violations by a preponderance of the evidence; and
List of:

a. Mitigating evidence presented at the hearing; and

b. Any findings of fact made concerning mitigating evidence presented at the hearing.

(d) The board shall issue a decision in writing to determine whether parole is revoked or not:

Based on the findings of fact determined at the final revocation hearing; or
Based on its own review of the facts and reasoning; and
The Board's decision shall include an analysis of whether the offender's violation constitutes a significant risk to the offender's victim or the community at large and whether the offender can be appropriately managed in the community.

(e) A copy of the decision shall be provided to the offender.

History

RELATES TO: KRS 439.315, 439.330(1)(e), 439.3406, 439.341, 439.346, 439.390, 439.430, 439.440, 532.043, 532.400
STATUTORY AUTHORITY: KRS 439.340(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 439.340(3) requires the Parole Board to establish administrative regulations concerning parole revocation hearings. This administrative regulation contains the procedures for the revocation of parole, the probable cause hearing, and the issuance of parole violation warrants.
History: 15 Ky.R. 1190; eff. 12-2-198; 19 Ky.R. 2295; 20 Ky.R. 72; eff. 7-12-1993; 21 Ky.R. 2169; 2674; eff. 5-4-1995; 27 Ky.R. 3351; 28 Ky.R. 618; eff. 9-10-200146 Ky.R. 1943, 2663; eff. 8-4-2020

501 KAR 1:050 Granting final discharge from parole {#sec-501-kar-1-050 omnilex-key=us-ky-regs-official--title-501--501 KAR 1:050}

Section 1. If an offender paroled prior to July 15, 1998, reaches the maximum expiration date of his sentence, a final discharge from parole shall be issued automatically by the board.

Section 2.

(1) If an offender paroled on or after July 15, 1998, owes restitution, he shall not automatically receive a final discharge from parole upon reaching the maximum expiration of his sentence.

(2) The board shall not issue a final discharge to a parolee until he pays restitution in full in compliance with KRS 439.563(5).

(3) Verification of payment of restitution shall be obtained from the parole officer.

History

RELATES TO: KRS 439.352, 439.356, 439.358, 439.563, 532.043, 532.060(3)
STATUTORY AUTHORITY: KRS 439.330(1)(g), 439.340(3)(b), 439.354, 439.563
NECESSITY, FUNCTION, AND CONFORMITY: KRS 439.340(3) (b) authorizes the Parole Board to establish administrative regulations concerning matters that come before it. KRS 439.330(1)(g) authorizes the Parole Board to grant a final discharge from parole. KRS 439.563 prohibits final discharge from parole if an identified victim of the crime or a government agency to whom restitution has been ordered has not yet been paid in full. This administrative regulation establishes the procedure for final discharge for parole.
History: 15 Ky.R. 1193; eff. 12-2-1988; Am. 21 Ky.R. 2172; eff. 5-4-1995; 25 Ky.R. 610; 1037; eff. 11-20-1998; 48 Ky.R. 928, 1731; eff. 3-1-2022.

501 KAR 1:080 Parole Board policies and procedures {#sec-501-kar-1-080 omnilex-key=us-ky-regs-official--title-501--501 KAR 1:080}

Section 1. Incorporation by Reference.

(1) "Kentucky Parole Board Policies and Procedures", May 29, 2024, are incorporated by reference. Kentucky Parole Board Policies and Procedures include:

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Parole Board, 275 Main Street, 2nd Floor, 40602, telephone (502) 564-3620, fax (502) 564-8995, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Kentucky Parole Board Web site in the policies and procedures area at https://justice.ky.gov/Boards-Commissons/paroleboard/Pages/default.aspx or the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS 439.310 – 439.440, 532.040 – 532.060, 532.400
STATUTORY AUTHORITY: KRS 439.340(3)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 439.340(3)(b) requires the Parole Board to promulgate administrative regulations with respect to the conduct of parole and parole revocation hearings and other matters that come before the board, and conditions to be imposed upon parolees. This administrative regulation establishes the policies and procedures for the Parole Board.
History: 37 Ky.R. 1602; 2160; eff. 4-1-2011; 38 Ky.R. 827; 1314; eff. 2-3-2012; 42 Ky.R. 1501; eff. 12-4-2015; 51 Ky.R. 113; eff. 3-4-2025

Chapter 2 Class D and Class C Felons

501 KAR 2:020 Definitions for 501 KAR Chapter 2 {#sec-501-kar-2-020 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:020}

Section 1. Definitions.

(1) "Assessment and Classification Center" or "AC Center" means the units at Roederer Correctional Complex, Kentucky Correctional Institution for Women, and Ross Cash Center that initially receive all convicted felons, except for those sentenced to the death penalty, who are committed to the Kentucky Department of Corrections.

(2) "Class C felon" means an inmate convicted of a Class C felony that meets the requirements established in KRS 532.100(5)(c).

(3) "Class D felon" means an inmate convicted of a Class D felony that meets the requirements established in KRS 532.100(5) (a), (b), or (c).

(4) [""Community custody" means that the inmate meets the requirements for that classification level established in the Department of Corrections Classification Manual, incorporated by reference in 501 KAR 6:080.

(5) "Controlled intake inmate" means a convicted felon who is entering into the Kentucky adult correctional system.

(6) "Deaf or hard of hearing inmate" means an inmate who has a hearing loss, which qualifies the inmate as an individual with a disability under the Americans with Disability Act (ADA) . See 42 U.S.C. § 12102(4).

(7) "Department" is defined by KRS 441.005(5).

(8) "Director of Population Management" means the Department of Corrections employee who approves inmates for placement in jails and in halfway house facilities throughout the state.

(9) "Educational good time" means a credit on an inmate's sentence for an educational accomplishment pursuant to KRS 197.045(1)(a)2.

(10) "Escape" is defined by KRS 520.010(5).

(11) "Jail" means a jail as defined by KRS 441.005(1) or a regional jail as defined KRS 441.005(7).

(12) "Jail administrator" means the official appointed by a regional jail authority and charged with the responsibility of administering the regional jail.

(13) "Jail personnel" is defined by KRS 441.005(6).

(14) "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 jail;

(b) The administrator or executive director of a department as defined by KRS 67B.020(1);

(d) The administrator of a regional jail as defined by KRS 441.005(7).

(15) "KOMS" means Kentucky Offender Management System.

(16) "Maximum custody" means that the inmate meets the requirements for that classification level established in the Department of Corrections Classification Manual, incorporated by reference in 501 KAR 6:080.

(17) "Medium custody" means that the inmate meets the requirements for that classification level established in the Department of Corrections Classification Manual, incorporated by reference in 501 KAR 6:080.

(18) "Meritorious good time" means a credit on an inmate's sentence pursuant to KRS 197.045(1)(b)2.

(19) "Minimum custody" means that the inmate meets the requirements for that classification level established in the Department of Corrections Classification Manual, incorporated by reference in 501 KAR 6:080.

(20) "Qualified inmate" means an inmate that may be housed in jails electing to house state inmates as described in KRS 532.100(5).

(21) "Statutory good time" means a credit on an inmate's sentence pursuant to KRS 197.045(1)(b)1.

(22) "Waiver" means that the department has granted the county an exemption from housing any Class D or Class C felons in its jail pursuant to KRS 532.100.

History

RELATES TO: KRS 532.060, 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(5) requires qualifying Class D and Class C felons to serve their sentences in jails. KRS 196.035 authorizes the secretary 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 establishes the definitions used in 501 KAR Chapter 2 for the Class C and D felons serving their sentences in the jails pursuant to the statute instead of in a state correctional institution.
History: 19 Ky.R. 1488; Am. 1745; eff. 2-8-1993; 22 Ky.R. 340; 905; eff. 11-6-1995; 27 Ky.R. 2890; 3243; eff. 6-8-2001; 34 Ky.R. 1161; 1952; eff. 3-7-2008; 37 Ky.R. 2929; 38 Ky.R. 566; eff. 10-7-2011; 42 Ky.R. 1928; 2331; eff. 3-4-2016; 48 Ky.R. 549, 1731; eff. 3-1-2022.

501 KAR 2:030 Administration {#sec-501-kar-2-030 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:030}

Section 1. This program shall be administered by the Division of Local Facilities.

History

RELATES TO: KRS 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 523.100(4) requires the Department of Corrections to house qualifying Class D and Class C felons in county jails. This administrative regulation establishes the division responsible for the administration of the program.
History: 19 Ky.R. 1489; Am. 1746; eff. 2-8-93; 34 Ky.R. 1953; 3-7-2008; Crt eff. 2-20-2020.

501 KAR 2:040 Waivers {#sec-501-kar-2-040 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:040}

Section 1. Request for Waivers; Effect of Waivers.

(1) The waiver request shall be made in writing and signed by the county judge executive and jailer.

(2) Once granted, the wavier shall remain in effect until terminated. To request termination of the waiver, the county shall provide the department a request in writing, and signed by the county judge executive and jailer, to terminate the waiver. The department shall provide notice to the county when the waiver is terminated.

Section 2. Controlled Intake.

(1) For a Class D or Class C felon in a county with a waiver, the department:

(a) May transfer the felon directly to a county jail which houses Class D or Class C felons, if space is available; or

(b) Shall consider the felon, if not transferred directly, a controlled intake inmate and process the inmate through the AC Center pursuant to CPP 17.3, incorporated by reference in 501 KAR 6:020.

(2) A computer listing shall be maintained at the AC Center of all Class D and Class C felons convicted in counties granted waivers.

(3) For a Class D or Class C felon considered a controlled intake inmate, the Classification Branch Manager shall transfer the felon to a county jail if a jail bed becomes available.

History

RELATES TO: KRS 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020(1), 532.100(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(4) requires the Department of Corrections to grant a waiver to any county that chooses not to house Class D and Class C felons in its county jail. This administrative regulation establishes the process for a county to request a waiver from the department and the effect of the waiver on that county's Class D and Class C felons.
History: 19 Ky.R. 1490; Am. 1746; eff. 2-8-93; 22 Ky.R. 341; 905; eff. 11-6-95; 27 Ky.R. 2891; 3244; eff. 6-8-2001; 34 Ky.R. 1163; eff. 3-7-2008; 37 KY.R. 2930; eff. 10-7-11; Crt eff. 2-20-2020.

501 KAR 2:050 Transfer requests {#sec-501-kar-2-050 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:050}

Section 1. Transfer Requests.

(1) To request a transfer of a Class D or Class C felon housed in a jail to a state correctional institution pursuant to KRS 532.100(6), the jailer shall:

(a) Request the transfer on an "Inmate Priority Movement Form"; and

(b) Submit the form to the Classification Branch, which shall review the form.

(2) The commissioner or his designee shall approve or deny the request.

(a) If approved, the Director of Population Management shall arrange an appropriate transfer.

(b) If denied, a copy of the form shall be returned to the jailer who may appeal the denial as provided by KRS 532.100(6).

Section 2. Incorporation by Reference.

(1) "Inmate Priority Movement Form." 2021, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Corrections, Division of Population Management, 275 East Main Street, P.O. Box 2400, Frankfort, Kentucky 40602-2400, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site at https://corrections.ky.gov/About/Pages/lrcfilings.aspx.

History

RELATES TO: KRS 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020(1), 532.100(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(6) establishes the circumstances in which a jailer may request the Department of Corrections to transfer a Class D or Class C felon housed in the jail to a state correctional institution. This administrative regulation establishes the process for the jailer to request a transfer.
History: 19 Ky.R. 1490; eff. 2-8-1993; Am. 22 Ky.R. 342; 905; eff. 11-6-1995; 27 Ky.R. 2892; 3245; eff. 6-8-2001; 34 Ky.R. 1164; 1953; eff. 3-7-2008; 37 Ky.R. 2932; eff. 10-7-2011; 48 Ky.R. 551; eff. 2-1-2022.

501 KAR 2:060 Procedures for housing of Class C and D felons {#sec-501-kar-2-060 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:060}

Section 1. Eligibility. Any county housing qualified inmates pursuant to KRS 532.100(5) shall be eligible to continue to do so unless the department, through its minimum jail standards enforcement procedures established by KRS 441.075, orders a jail to cease housing Class C and D felons.

Section 2. Submission of documents for Class D felons. In any jail housing Class D felons, the jailer shall forward to the assessment and classification center the following documents, within ten (10) working days of receipt of the judgment, for each Class D felon for whom a transfer has not been requested:

(1) Picture, which shall be updated annually in accordance with Section 12 of this administrative regulation;

(2) Any detainers;

(3) Any incident or disciplinary reports; and

(4) Body identification sheet.

Section 3. Custody Assignment for Class D Felons.

(1) Offender Information Services staff shall, within fifteen (15) working days of receipt of the presentence investigation and the judgment and sentence, calculate the inmate sentence. The assessment and classification center staff shall, within fifteen (15) working days of receipt of the calculated sentence, review the inmate file and assign a custody classification level to the Class D felon.

(2) The AC Center staff shall notify the jailer of the custody classification level assignment. Offender Information Services, Central Office, shall audit the file within five (5) working days of receipt.

(3) If the custody level assigned is minimum or community, the Class D felon may:

(a) Participate in community service work or any program offered inside or outside the secure perimeter of the jail; and

(b) Be housed inside the secure perimeter of the jail, in the restricted custody area of the jail, or in a restricted custody center.

(4) If the custody level assigned is medium or maximum, the Class D felon:

(a) Shall not be eligible to participate in any program or work outside the secure perimeter of the jail; and

(b) Shall be housed in the secure perimeter of the jail.

(5) The jailer may request the department to review the assignment ninety (90) days from the date of the last assignment. Any additional custody review may be completed as deemed necessary by the Director of Population Management.

Section 4. Assignment of Class C felons.

(1) The assessment and classification center shall identify and inform the jailer of a Class C felon who qualifies under KRS 532.100(5)(c)1. to be housed in a jail.

(2) The AC center shall notify the jailer when an inmate has been assigned as a Class C felon.

Section 5. Parole Board.

(1) Prior to the meeting of the Parole Board, jail personnel shall provide each qualified inmate scheduled for review by the board with a jail offender Information to the Kentucky Parole Board form. Jail personnel shall submit the completed form to the Division of Local Facilities via KOMS or electronically, as requested by the Parole Board.

(2) Jail personnel shall inquire if a qualified inmate scheduled for review by the board would like to waive his or her Parole Board hearing and request a serve out if the qualified inmate scheduled to meet the Parole Board has ninety (90) days or less remaining until his or her minimum expiration date. If the qualified inmate decides to waive his or her Parole Board hearing and request a serve out, jail personnel shall have the inmate sign the Request Declining Parole form and submit it to the Parole Board via KOMS or electronically.

(3) Deaf or Hard of Hearing Inmate.

(a) If a deaf or hard of hearing inmate has a hearing before the Parole Board, the jail shall assist the Parole Board with appropriate accommodation necessary for effective communication for the inmate for the hearing.

(b) The jail shall provide headphones if headphones are necessary to meet the needs of deaf and hard of hearing inmates for effective communication or work with the Parole Board to provide other necessary hearing accommodation services for the Parole Board hearing.

Section 6. Transportation. Jail personnel shall be responsible for the transportation of a qualified inmate except as specified in KRS 431.215(1) and 441.510.

Section 7. Release Procedures.

(1) The release of a qualified inmate shall follow the procedure established by CPP 25.6, incorporated by reference in 501 KAR 6:020.

(2)

(a) Jail personnel shall not release a qualified inmate to any other jail or agency without submission of external movement information to the Director of Local Facilities or designee. The information shall include:

Name;
Inmate number;
Facility transferring felon;
Facility receiving felon; and
Date transferred and received.

(b) Any jail that is under order of the department relating to restrictions on state inmates shall receive prior authorization from the Director of Local Facilities before requesting state inmates from the department or any other jail.

(c) A qualified inmate shall not be released to another state or to federal authorities without advance notice and approval of the Director of Local Facilities or designee.

(3) Jail personnel shall notify the Director of Local Facilities or the Offender Information Services of any detainer or holder lodged against the qualified inmate by another jurisdiction.

Section 8.

(1) Furlough requests shall be submitted to the Classification Branch Manager.

(2) Furloughs shall be governed by CPP 25.4, incorporated by reference in 501 KAR 6:020.

Section 9. Escape. If a qualified inmate escapes, the jailer, jail administrator, or jail personnel shall immediately:

(1) Notify the Division of Local Facilities jail inspector;

(2) Notify Kentucky State Police (KSP) or local law enforcement;

(3) Activate VINE through use of the Emergency Override Line (EOL); and

(4) Enter the prisoner's escape status into the jail management system.

Section 10. Medical Needs. The department shall pay each jail a per diem for state prisoners as established by KRS 532.100(7). The jail shall pay for routine medical and medication expenses but may charge a copay as provided by KRS 441.045(13). If the inmate requires an admission to a hospital with at least one (1) night stay or outpatient surgery in which a general anesthesia is used, the cost shall be paid by the department. The jailer, jail administrator, or jail personnel shall notify the Department of Corrections Medical Division designee if any qualified inmate is admitted to the hospital for twenty-four (24) hours or longer.

Section 11. Inmate Pay. A qualified inmate on a work assignment shall be paid in accordance with CPP 19.3, incorporated by reference in 501 KAR 6:020.

Section 12. Good Time. For a qualified inmate housed in a jail, the awarding of good time or sentence credit shall be in accordance with this section.

(1) Statutory good time shall follow the procedures established in KRS 197.045(1)(b)1.

(2) Meritorious good time shall follow procedures established in KRS 197.045(1)(b)2. and CPP 15.3, incorporated by reference in 501 KAR 6:020.

(3) Educational good time shall follow procedures established in KRS 197.045(1)(a)2. and CPP 20.1, incorporated by reference in 501 KAR 6:020.

(4) If the jail has a substance abuse program approved by the department, then the felon shall receive credit to his sentence allowed by KRS 197.045(1)(a)3.

Section 13. Annual Photograph. The jailer, jail administrator, or jail personnel shall take a photograph each year of each qualified inmate and immediately send it by United States mail, electronically, or via KOMS to Department of Corrections, Offender Information Services, P.O. Box 2400, Frankfort, Kentucky 40602.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Information to the Kentucky Parole Board", 2021; and

(b) "Request Declining Parole", 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Corrections, Division of Population Management, 275 East Main Street, P.O. Box 2400, Frankfort, Kentucky 40602-2400, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site at https://corrections.ky.gov/About/Pages/lrcfilings.aspx.

History

RELATES TO: KRS 196.035, 197.020, 197.045, 431.215, 441.045, 441.075, 441.510, 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(5) requires the Department of Corrections to house qualifying Class C and D felons in jails. KRS 196.035 authorizes the secretary 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 establishes the procedures to implement the required housing program.
History: 19 Ky.R. 1491; Am. 1746; eff. 2-8-1993; 22 Ky.R. 343; 1076; eff. 12-7-1995; 27 Ky.R. 2893; 3245; eff. 6-8-2001; 34 Ky.R. 1166; 1954; eff. 3-7-2008; 37 Ky.R. 2933; 38 Ky.R. 567; eff. 10-7-2011; 42 Ky.R. 1930; 2332; eff. 3-4-2016; 48 Ky.R. 552, 1610; eff. 3-1-2022; 50 Ky.R. 1946; eff. 9-3-2024.

501 KAR 2:070 Work release {#sec-501-kar-2-070 omnilex-key=us-ky-regs-official--title-501--501 KAR 2:070}

Section 1.

(1) The criteria to be used in the determination of granting work release shall be the following:

(a) The defendant granted work privileges shall have a suitable job placement, at a lawful wage, as approved by the sentencing court.

(b) The defendant's job placement shall be within the boundaries of the Commonwealth and shall not require travel outside of the Commonwealth.

(d) The defendant's employer shall be willing to cooperate with all law enforcement agencies in the verification of the conditions of the defendant's work release.

(2) If the defendant is paying for a part of his incarceration through court-ordered work release, it shall be the responsibility of the jailer or designee to notify the department. The amount paid by the defendant toward his incarceration shall be forwarded to the department on a monthly basis along with the jail housing bill.

Section 2. The jailer may deny work release privileges to a defendant for violating any duly promulgated or adopted rule of the jail governing inmate conduct or work release including:

(1) Returning to the jail under the influence of drugs or alcohol;

(2) Promoting or attempting to promote contraband; and

(3) Failing to notify the jailer of any change in the status of his employment.

Section 3. Upon denial of work release privileges, a written report shall be completed stating the reasons for the suspension of these privileges and citing the rule or regulation that has been violated.

(1) The jailer shall provide a copy of the report to the defendant within twenty-four (24) hours.

(2) The jailer shall file the report and supporting documentation with the court of jurisdiction within the time specified in KRS 533.010(13).

Section 4. State inmates may participate in work release in accordance with KRS 532.100(9). The jailer may elect to provide work release for state inmates, pursuant to the requirements outlined in Corrections Policy and Procedure (CPP) 19.4 incorporated by reference in 501 KAR 6:020.

History

RELATES TO: KRS 532.100, 533.010, 533.025
STATUTORY AUTHORITY: KRS 196.035, 197.020, 533.010(14)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 requires the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 532.100(9) authorizes the commissioner to approve work release for Class D state prisoners serving their sentences in jails. KRS 197.020 requires the Department of Corrections to promulgate administrative regulations for the character of the labor and the length of time during which the prisoners shall be employed daily. KRS 533.010(14) requires the Department of Corrections to promulgate an administrative regulation to develop written criteria for work release privileges for offenders serving probation with an alternate sentence granted by the statute. This administrative regulation establishes work release procedures.
History: 25 Ky.R. 713; Am. 1355; eff. 12-17-1998; 34 Ky.R. 1168; 1955; eff. 3-7-2008; 37 Ky.R. 2935; eff. 10-7-2011; 48 Ky.R. 555; eff. 2-1-2022.

Chapter 3 Jail Standards for Full-service Facilities

501 KAR 3:010 Definitions for 501 KAR Chapter 3 {#sec-501-kar-3-010 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:010}

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) "Ceiling" means the overhead area in any area of the jail which is below the secure deck.

(3) "Cell" means an area for housing no more than two (2) prisoners.

(4) "Commissioner" is defined by KRS 196.010(2).

(5) "Dayroom" means a secure area with controlled access from the prisoner living area, to which prisoners may be admitted for daytime activities including dining, bathing, and selected recreation or exercise.

(6) "Deck" means the secure overhead area of the jail, which is part of the security perimeter.

(7) "Department" is defined by KRS 441.005(5).

(8) "Detoxification area" means an area used to hold one (1) or more chemically impaired persons temporarily during the detoxification process until they can care for themselves.

(9) "Direct supervision area" means an area used to house seventy (70) or fewer prisoners in which jail personnel is always present and directly supervising the prisoners.

(10) "Dormitory" means:

(a) An area equipped for housing not less than three (3) nor more than thirty-six (36) persons; or

(b) If in a direct supervision area, an area equipped for housing not more than seventy (70) persons.

(11) "Full-service jails" means jails that may house state prisoners pursuant to KRS 441.055 and that meet the standards established by 501 KAR Chapter 3.

(12) "Governing authority" means a county fiscal court, urban-county government, charter county government, consolidated local government, unified local government, or regional jail authority.

(13) "Jail" means:

(a) A jail as defined by KRS 441.005(1)

(b) A regional jail as defined by KRS 441.005(7); or

(14) "Jail administrator" means:

(a) The official appointed by a regional jail authority and charged with the responsibility of administering the regional jail defined by KRS 441.005(7);

(b) The administrator or executive director of a department as defined by KRS 67B.020(1); or

(15) "Jail personnel" is defined by KRS 441.005(6).

(16) "Jailer" meansthe official duly elected or appointed pursuant to Section 99 or 152 of the Kentucky Constitution, charged with the responsibility of administering the jail.

(17) "Medical authority" means the person or persons licensed to provide medical care to prisoners in the jail's custody.

(18) "Passive Holding Area", "Diversion Holding Area", or "Temporary Holding Area" means an area used to hold one (1) or more persons temporarily while awaiting processing, booking, court appearance, or discharge, or until they can be moved to a general housing area.

(19) "Pat" or "frisk" means a manual search of a clothed person and includes a visual inspection of the open mouth.

(20) "Penal type" means furnishings, fixtures, and equipment approved by the department.

(21) "PREA" means the Prison Rape Elimination Act, 42 U.S.C. 15601-15609.

(22) "Prisoner" is defined by KRS 441.005(3).

(23) "Prisoner living area" means a group of rooms or cells that provide housing for the prisoner population.

(24) "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.

(25) "Religion Reference Manual" means the Kentucky Department of Corrections Religion Reference Manual incorporated by reference in 501 KAR 6:080.

(26) "Sally port" means a covered vehicular drive-through, located adjacent to the jail intake area.

(27) "Security area" means a defined space whose physical boundaries have controlled ingress and egress.

(28) "Security vestibule" means a defined space that promotes security by the use of two (2) or more doors used to contain and observe those who pass.

(29) "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

(30) "Sick call" means the evaluation and treatment of an ambulatory patient in a clinical setting, either on or off site of the jail, by the medical authority.

(31) "Special Needs Area" means an area used to hold one (1) prisoner for observation when displaying violent, erratic, or suicidal behavior or expressing suicidal ideations.

(32) "Strip search" means a body search during which a person is required to open or remove clothing, during which a person is subject to visual inspection of the torso, female breast, genital area, anal area, and other body cavities.

(33) "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.

History

RELATES TO: KRS 67A.028, 67B.020(1), 441.005, 441.045, 441.055, Ky. Const. Sec. 99, 152, 42 U.S.C. 15601-15609
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes definitions for 501 KAR Chapter 3, regulating full-service jail facilities.
History: 9 Ky.R. 635; eff. 3-2-1983; Am. 13 Ky.R. 674; eff. 11-11-1986; 19 Ky.R. 1844; 2618; eff. 6-7-1993; 22 Ky.R. 1346; 1598; eff. 3-7-1996; 26 Ky.R. 158; 27 Ky.R. 80; eff. 7-17-2000; 1575; 2134; eff. 2-15-2001; 31 Ky.R. 1543; 1788; eff. 5-26-2005; 34 Ky.R. 1169; 1956; eff. 3-7-2008; 37 Ky.R. 2936; 38 Ky.R. 568; eff. 10-7-2011; 42 Ky.R. 1932; 2333; eff. 3-4-2016; 50 Ky.R. 1948; eff. 9-3-2024.

501 KAR 3:020 Administration; management {#sec-501-kar-3-020 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:020}

Section 1. Policy and Procedure-Organization.

(1) The jailer or jail administrator for a jail that houses state prisoners shall develop and maintain an organizational chart and a policy and procedures manual that has been adopted by the governing authority and filed with the department.

(2) The written policy and procedures manual shall be made available to employees. Employees shall sign documentation attesting they have read and will comply with the jail's policy and procedure manual within thirty (30) days of employment.

(3) The policy and procedures manual shall include, at a minimum, the following aspects of the jail's operation:

(a) Administration;

(b) Fiscal management;

(d) Security and control;

(e) Sanitation and management;

(f) Medical services;

(g) Food services;

(h) Emergency and safety procedures;

(i) Classification;

(j) Prisoner programs;

(k) Prisoner services;

(l) Admission and release; and

(m) Training.

(4) The policy and procedures manual shall be reviewed, updated, and any changes approved by the governing authority at least annually. All revisions shall be marked with the effective date and filed with the department.

Section 2. Legal Assistance.

(1) The jailer for a jail that houses state prisoners shall be represented and advised by the county attorney as provided by KRS 69.210.

(2) The county attorney shall advise the governing authority in writing if legal representation or legal advisement to the jailer by that office is inappropriate or creates a conflict of interest. The governing authority shall provide funds for adequate legal representation for the jailer if the jailer has acted within his official capacity and is involved in civil or criminal litigation as a result. The governing authority shall be encouraged to carry liability insurance for the jail employees and other county officials.

Section 3. Legal Assistance for Regional Jails. The jail administrator for a regional jail that houses state prisoners shall be represented and advised by the county attorney in the county in which the regional jail is located.

Section 4. Public Information.

(1) The jailer or jail administrator for a jail that houses state prisoners shall develop and implement a procedure for the dissemination of information about the jail to the public, to government agencies, and to the media. The public and prisoners shall have access to the procedures.

(2) With the prisoner's written consent on a form authorizing release of information, news media shall be permitted to interview a prisoner as established in the jail's policy and procedures manual except if the safety and security of the jail is affected.

Section 5. Information Systems. The jailer or jail administrator for a jail that houses state prisoners shall establish and maintain an information system that shall comply with the requirements of this section.

(1) Jail information and prisoner records shall be retained in written form or within computer records.

(2) Jail information and prisoner records shall be stored in a secure manner so that they are protected from theft, loss, tampering, and destruction. Prisoner records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(3) A telephonic report to the department shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence, and a final written report shall be made within forty-eight (48) hours. This report shall be placed in the jail record. Extraordinary or unusual occurrences shall include at a minimum:

(a) Death of a prisoner;

(b) Suicide or attempted suicide that constitutes a serious health situation;

(d) Escape or attempted escape from confinement;

(e) Fire;

(f) Riot;

(g) Assault, whether by jail personnel or prisoner;

(h) Sexually abusive conduct;

(i) Occurrence of contagious or infectious disease, or illness within the facility; and

(j) Any serious event that threatens the safety or security of the facility or jail personnel.

(4) Each jail that houses state prisoners shall keep a log of daily activity within the jail.

(5) Each jail that houses state prisoners shall provide the department with a weekly population update that shall include the number of state prisoners, federal prisoners, and county prisoners.

(6) Each jail that houses state prisoners shall provide the Department with all external movements of state prisoners via KOMS or electronically and on a daily basis. This information shall be sent to the Division of Local Facilities.

(7) Each jail that houses state prisoners shall, if there is an escape, immediately:

(a) Notify the Division of Local Facilities jail inspector;

(b) Notify the Kentucky State Police or local law enforcement;

(d) Enter the prisoner's escape status into the jail management system.

Section 6. Prisoner Records.

(1) The information required by 501 KAR 3:120 and 3:130 for admission and release shall be retained for each prisoner. Other information retained in each prisoner's jail record shall include at a minimum:

(a) Court orders;

(b) Personal property receipts;

(d) Reports of disciplinary actions;

(e) Work record and program involvement; and

(f) Unusual occurrences and if a prisoner dies, disposition of the prisoner's property and remains.

(2) Medical records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(3) The jailer or jail administrator for a jail that houses state prisoners shall ensure that prisoner records are safeguarded.

(4) The jailer or jail administrator shall not release information, other than public information, to individuals other than law enforcement or court officials unless the prisoner has signed a form authorizing release of information. A copy of the signed form shall be maintained in the prisoner's record. The form shall include:

(a) Name of person, agency, or organization requesting information;

(b) Name of facility releasing information;

(d) Date consent form is signed; and

(e) Signature of prisoner.

(5) All jail records maintained on mental inquest detainees held under KRS Chapter 202A shall be kept separate from any other jail records. Mental inquest records are confidential and shall be made available for examination only as provided in KRS 202A.091. Upon an order of expungement pursuant to KRS 202A.091(2), the jailer for a jail that houses state prisoners shall seal the records and the mental inquest detainee's stay at the jail shall be deemed never to have occurred.

History

RELATES TO: KRS 69.210, 202A.091, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for the administration and management of full-service jails.
History: 9 Ky.R. 636; Am. 924; eff. 3-2-1983; 13 Ky.R. 675; eff. 11-11-1986; 22 Ky.R. 1347; eff. 3-7-1996; 29 Ky.R. 2756; 30 Ky.R. 22; eff. 7-17-2003; 31 Ky.R. 1544; 1789; eff. 5-26-2005; 34 Ky.R. 1171; 1956; eff. 3-7-2008; 37 Ky.R. 2938; 38 Ky.R. 568; eff. 10-7-2011; 42 Ky.R. 1934; 2334; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 3:030 Fiscal management {#sec-501-kar-3-030 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:030}

Section 1. Budgeting. The jailer or jail administrator, county judge/executive and treasurer shall prepare and present a line item budget request to the governing authority in accordance with KRS 441.215.

Section 2. Accounting.

(1) The county treasurer shall maintain fiscal records which clearly indicate the local cost for operating the jail in accordance with KRS 68.020 and 441.235.

(2) Fiscal records shall have an itemized breakdown of the total operating expenses including wages, salaries, food and operating supplies.

Section 3. Canteen. As provided in KRS 441.135, each jailer may establish a canteen to provide prisoners with approved items.

Section 4. Audits.

(1) The county jail budget shall be audited in accordance with KRS 43.070.

(2) The records of income, expense, and disbursements of the jail canteen fund shall be examined annually by the Auditor of Public Accounts concurrently with the annual audit of the county conducted in accordance with KRS 43.070(1)(a), unless the Auditor of Public Accounts declines to perform the examination of the canteen fund or has failed to respond to written notice of intent to employ a certified public accountant within thirty (30) days of receipt of the notice.

(a) If the county judge/executive notifies the Auditor of Public Accounts with specific or known jail canteen fund concerns or irregularities, the auditor shall thoroughly investigate the noted concerns or irregularities in the examination if, in the auditor's judgment, the investigation is warranted.

(b) The cost of the canteen fund audit shall be paid from the canteen fund as an allowable expense. If the jail's canteen fund is insufficient to cover the expense of the examination, the expense shall be borne by the county jail fund.

Section 5. Payroll. Jail employees shall be paid on the same dates as county employees.

Section 6. Inventory. Each jailer or jail administrator shall implement and utilize the established inventory procedure of the county.

History

RELATES TO: KRS 43.070, 68.020, 441.055, 441.135, 441.215, 441.235
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes fiscal management procedures to be followed in full-service jails.
History: 9 Ky.R. 637; eff. 3-2-1983; Am. 13 Ky.R. 677; eff. 11-11-1986; 19 Ky.R. 1845; eff. 6-7-1993; 31 Ky.R. 1546; 1963; eff. 7-1-2005; 37 Ky.R. 2940; 38 Ky.R. 571; eff. 10-7-2011; 42 Ky.R. 1936; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 3:040 Personnel {#sec-501-kar-3-040 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:040}

Section 1. Staffing.

(1) A category I, II, III, IV, and V jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of three (3) jail personnel, excluding jail personnel designated for communication.

(2) A staffing analysis may be requested by the jailer or governing authority.

(3) If a female prisoner is booked, detained, or otherwise lodged in the jail, the jail shall provide a female deputy to perform twenty-four (24) hour awake supervision.

Section 2. Qualifications.

(1) Persons who are at least eighteen (18) years old may be appointed or employed to work inside the secure perimeter of the jail.

(2) A person under the age of twenty-one (21) years:

(a) Shall not:

Be employed as a deputy jailer;
Possess or exercise peace officer powers;
Function in a role similar to that of a deputy jailer or correctional officer; or
Be in a position that involves supervision over prisoners or persons yet to be booked into the jail; and

(b) Shall have a high school diploma or a high school equivalency diploma.

Section 3. Compensation. Each employee shall receive a wage at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.

Section 4. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every position.

Section 5. Physical Fitness. The jailer or jail administrator shall ensure a level of physical fitness is maintained that will allow each employee to satisfactorily perform his or her duties.

Section 6. Code of Ethics.

(1) The jailer or jail administrator shall make a written code of ethics available to each employee.

(2) The written code of ethics shall be incorporated in the jail's policy and procedures manual and shall include the following:

(a) An employee shall not:

Exchange a personal gift or favor with a prisoner, prisoner's family, or prisoner's friend;
Accept any form of bribe or unlawful inducement;
Perform duties under the influence of an intoxicant or consume an intoxicant while on duty;
Violate or disobey an established rule, administrative regulation, or lawful order from a superior;
Discriminate against a prisoner on the basis of race, religion, creed, gender, national origin, or other individual characteristic;
Employ corporal punishment or unnecessary physical force;
Subject a prisoner to physical or mental abuse;
Intentionally demean or humiliate a prisoner;
Bring a weapon or an item declared as contraband into the jail without proper authorization;
Engage in critical discussion of jail employees or a prisoner in the presence of another prisoner;
Divulge confidential information without proper authorization;
Withhold information which threatens the security of the jail, jail employees, visitors, or the community;
Through negligence or intentionally, endanger the well-being of self or another;
Engage in a business or profitable enterprise with a prisoner;
Inquire about, disclose, or discuss details of a prisoner's crime other than as may be absolutely necessary in performing official duties;
Enter into an intimate, personal relationship with a prisoner while the prisoner is incarcerated at the same jail that the employee is employed by; or
Enter into an intimate, personal relationship with a former prisoner of the jail within six (6) months of that prisoner's release; and

(b) An employee shall:

Comply with established rules, administrative regulations, and lawful orders from a superior;
Treat each prisoner in a fair, impartial manner; and
Report a violation of the code of ethics to the jailer.

(3) A violation of the code of ethics shall be made a part of the employee's personnel file.

History

RELATES TO: KRS 441.045, 441.055, 441.115
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes personnel procedures to be followed in full-service jails.
History: 9 Ky.R. 637; eff. 3-2-1983; Am. 13 Ky.R. 677; eff. 11-11-1986; 19 Ky.R. 1846; 2619; eff. 6-7-1993; 26 Ky.R. 159; 27 Ky.R. 81; eff. 7-17-2000; 31 Ky.R. 1547; 1790; eff. 5-26-2005; 34 Ky.R. 1173; 1958; eff. 3-7-2008; 37 Ky.R. 2492; 38 Ky.R. 571; 479; eff. 11-4-2011; 42 Ky.R. 1937; eff. 3-4-2016; Cert. eff. 3-2-2023; 50 Ky.R. 1950; eff. 9-3-2024.

501 KAR 3:050 Physical Plant {#sec-501-kar-3-050 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:050}

Section 1. Definitions.

(1) "Construction authority" is defined by KRS 441.415.

(2) "Division" means the Department of Corrections Division of Local Facilities.

(3) "Expansion" means a renovation which includes an increase in the number of square footage of the local correctional facility to add prisoner bed space as described in KRS 441.450(3).

(4) "Local correctional facility" is defined by KRS 441.415.

(5) "Renovation" means changes to the physical plant of or construction on an existing local correctional facility that does not:

(a) Include an increase in the number of square footage of the local correctional facility to add prisoner bed space; and

(b) Require approval of the construction authority as described in KRS 441.450(3).

Section 2. Consultation. The department may provide to a unit of local government seeking to remodel an existing jail or construct a new jail, a consultant knowledgeable in the design, utilization, and operation of jails. The consultant may meet with the appropriate officials of that county and advise them concerning:

(1) Site selection;

(2) Probable need as it relates to capacity and types of prisoners to be housed;

(3) Sources of financing for constructing;

(4) Laws and administrative regulations relating to treatment of prisoners;

(5) Laws and administrative regulations relating to facilities for prisoners;

(6) Sources of revenue for operations of the jail;

(7) Probable cost for operation of the jail; and

(8) Potential for sharing facilities with adjoining counties.

Section 3. Application for Construction.

(1) Prior to the commencement of any construction for a new local correctional facility or for the renovation or expansion of an existing local correctional facility, a unit of local government shall submit to the division:

(a) An application for approval; and

(b) If the construction is for a new facility or an expansion of an existing facility, any applications and materials submitted to the construction authority in accordance with KRS 441.430.

(2) The application required by subsection (1)(a) of this section shall:

(a) Be signed by the:

County judge-executive for each county involved in the proposal;
Highest executive of a unit of local government other than a county; or
Head of the Regional Jail Authority, if applicable;

(b) State in detail the need for the specific request being proposed;

(d) Identify other units of local government that are partnering in the pursuit of a full service regional jail, if applicable;

(e) State the following information for the current jailer:

Name;
Address; and
Phone number;

(f) Identify the type of local correctional facility currently being used:

Full service;
Regional full service;
Life safety; or
None;

(g) Identify the type of local correctional facility that will exist after the proposed construction is completed:

Full service; or
Regional full service;

(h) If construction is proposed at a location other than where the current local correctional facility is located, then provide the following information for the new property:

Address;
Description of new property;
Explanation of ownership of new property; and
Estimated cost to purchase property if not owned by the unit of local government proposing construction;

(i) If the proposed construction is for a new local correctional facility, then identify the size of facility being requested using the bed capacity increments required for plans in KRS 441.420(1)(b).

(j) If the proposed construction is for an expansion, then state the:

Number of proposed additional beds; and
Proposed additional square footage;

(k) If the proposed construction is for a renovation, then state:

The purpose of the renovation; and
The amount of any proposed additional square footage;

(l) For the current local correctional facility, state the:

Current capacity;
Average daily population (ADP) for the preceding two (2) years;
Total amount of remaining bond indebtedness;
Amount of monthly debt installment payment; and
Remaining number of payments on any note; and

(m) Identify the architect, consultant, or other person or entity with which the unit of local government consulted for the construction proposal.

Section 4. Documentation Required for Application. A unit of local government shall provide a copy of the following documents with any application submitted to the division:

(1) Ordinance for the unit of local government showing an affirmative vote for the proposed construction for the local correctional facility;

(2) If applicable, a resolution or other verified document showing the regional jail authority affirmative vote for the proposed construction for the local correctional facility;

(3) Deed, lease, or legal description of the new property for proposed construction;

(4) Local correctional facility budget for the preceding two (2) years;

(5) General budget for any unit of local government proposing construction;

(6) Feasibility study or other documentation provided by any architect, entity, or other person that consulted on the proposed construction; and

(7) Documentation showing that the unit of local government has sufficient bonding and revenue sources to pay the bond indebtedness, operating costs, and maintenance costs over the anticipated life of the note for the proposed construction.

Section 5. Site Selection Review. The following criteria shall be considered by the Division in its site selection review:

(1) Size;

(2) Proximity to court;

(3) Proximity to community resources;

(4) Availability of public transportation;

(5) Environmental health;

(6) Adequate parking; and

(7) Provisions for future expansion.

Section 6. Construction Documents.

(1) A unit of local government shall submit plans and specifications to the Division for approval prior to the commencement of any construction for a new local correctional facility or for the renovation or expansion of an existing local correctional facility. The division may waive some of the requirements of this section on a case-by-case basis depending on the specifics proposed for the construction.

(2) If the construction is for a new facility or expansion of an existing facility, a unit of local government shall submit plans and specifications for the applications required by KRS 441.430 to the Division.

(3) Whether new construction or renovation or expansion of an existing facility, plans and specifications for a local correctional facility shall meet the following criteria and contain the following documentation:

(a) A programming phase to include:

Evaluation of the existing facility;
Population analysis as based on the NIC (National Institute of Corrections) staffing analysis, and may include, jail operations, jail programs, court location, and transportation issues;
Space requirements based on population analysis and standards for the facility and site outlined in this administrative regulation;
Staffing analysis;
Cost analysis to include construction and operation costs;
Financing alternatives, if applicable;
Design-construction time schedule; and
Summary and recommendations;

(b) A schematic phase to include:

A scale drawing of each floor plan with proposed rooms and areas one-eighth (1/8) inch minimum;
A scale drawing of the site, locating the building, parking, and other facilities with one (1) inch equaling fifty (50) feet;
Documentation of site as to:

a. Size;

b. Proximity to court;

c. Proximity to community resources;

d. Availability of public transportation;

e. Environmental health;

f. Adequate parking; and

g. Provisions for future expansion;

Sections through the proposed structure indicating deck heights of rooms, mechanical spaces, roof slopes, and other related information;
Scale elevation drawing of exterior walls;
Schematic cost estimate to include revised construction and operation costs; and
A revised design-construction time schedule;

A scale drawing on each floor plan with proposed rooms and areas with their dimensions one-eighth (1/8) inch minimum;
All necessary construction drawings including construction details;
Specifications for materials and workmanship;
A proposed contract with general and special conditions;
Engineering calculations for the foundations, structure, heating, ventilating, air conditioning, lighting, and plumbing; and
Detailed estimates of cost of land, site development, construction, financing, professional services, equipment, and furnishings;

(d) Construction document phase containing:

Revised design development construction drawings following review by all applicable agencies, signed by an architect registered in the Commonwealth of Kentucky, and revised if necessary to include changes required by the division; and
Revised design development specifications of material and workmanship following review by all applicable agencies; and

(e) A contract administration phase containing:

Signed copies of the contracts for construction, financing, and bonding;
Signed copies of the construction permits; and
Documentation of required review by other applicable state agencies.

(4) Whether new construction or renovation or expansion of an existing facility, every change order shall be submitted to the Division jail consultant for review and approval.

Section 7. Approval of Construction Plans and Specifications.

(1) Construction shall not begin until the construction plans have been approved by the division and, if required, the construction authority has approved the construction. The division shall:

(a) Review each complete application within thirty (30) days of receipt;

(b) For a renovation, issue:

An approval;
An acceptance with required changes; or
A rejection, with reasons stated;

(c) For an expansion or new local correctional facility, issue a recommendation to the construction authority whether to approve construction; and

(d) For an incomplete application, inform the applicant of the information or documents that need to be submitted to complete the application.

(2) A request for changes to the plans shall be submitted to the division and shall include a description of the changes requested and the reasons for the changes.

(3) A change to the approved plans shall require redrawing unless specifically exempted by the department. Specifications shall be rewritten to reflect a change.

Section 8. Exemption from compliance. If a jail, renovation, or expansion was built before the effective date of the physical plant standards in Section 12 of this administrative regulation, the department shall exempt the jail from a specific requirement if the department finds that the exemption does not significantly affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail.

Section 9. Waiver of Compliance.

(1) The department may grant a temporary waiver of a physical plant standard in Section 12 of this administrative regulation for an existing jail that can no longer meet a standard if the department determines that:

(a) Strict compliance will cause unreasonable difficulties;

(b) A waiver will not significantly affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail; and

(c) Compliance may be achieved in a manner other than that specified, but in a manner that is sufficient to meet the intent of this administrative regulation.

(2) If a waiver from a standard is desired, the responsible unit of local government shall submit a written request to the department. The written request shall include the following information:

(a) Citation of the specific standard involved;

(b) Identification and description of the specific difficulties involved in meeting strict compliance;

(d) Provision of sufficient documentation which shall demonstrate that the waiver, if granted, will not jeopardize the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail.

(3) A waiver, if granted by the department, shall apply only to the petitioner for the specific situation cited and for the period of time specified and shall include any requirements imposed by the department as conditions upon the waiver. A waiver shall not be granted for longer than twelve (12) months. A waiver granted for a twelve (12) month period shall be reviewed for reapproval at the end of the period.

Section 10. Existing Local Correctional Facilities. All existing local correctional facilities that are in operation shall comply with the physical plant design standards in Section 12 of this administrative regulation, unless the facility is exempt from a standard pursuant to Section 8 of this administrative regulation or has obtained a waiver from the department pursuant to Section 9 of this administrative regulation for the standard.

Section 11. New Local Correctional Facilities and Expansion and Renovation of Existing Local Correctional Facilities. A new local correctional facility and the expansion or renovation of an existing local correctional facility shall comply with the physical plant design standards in Section 12 of this administration regulation and additional requirements incorporated by reference in Section 15 of this administrative regulation unless the facility has obtained a waiver from the department pursuant to Section 9 of this administrative regulation.

Section 12. Physical Plant Design Standards.

(1) Entrances. Each jail shall have three (3) separate and distinct entrances: a public entrance, a prisoner entrance, and a service entrance. The department may permit these entrances to be combined.

(a) Public entrance. The purpose of this entrance shall be to divert the general public from the security area of the jail and from contact with incoming prisoners. This area shall be the location for the general public to conduct their business at the jail. The following design features shall be incorporated:

Provide a clear view of this entrance from the control room by means of direct surveillance or closed circuit TV; and
Meet the requirements for handicapped persons.

(b) Service entrance. The purpose of this entrance shall be to provide access to service vehicles and delivery trucks with minimum security risks. It shall be located in close proximity to storage rooms and the kitchen area.

(c) Prisoner entrance. The purpose of this entrance shall be to provide secure and controlled access to the jail for prisoners. The entrance shall be serviced by a covered drive-through sally port, located adjacent to the jail intake area, and made secure by electronically or manually operated doors for entrance and exit, or a secure walk-in vestibule and shall incorporate the following design features:

Be located adjacent to the booking area;
Be monitored from the control room;
Be free of steps or other obstacles;
Be protected from inclement weather;
Have a security penal-type pistol locker in the sally port or vestibule; and
Have approved penal-type hardware and equipment.

(d) If the vestibule is used for outside entrance, at least the outer entry door shall be remotely operated.

(2) Exits. An opening in the security perimeter shall be secured with a penal device. Fire exits, if possible, shall open into controlled, secured courts or exercise areas.

(3) Administrative areas. Administrative areas shall provide space outside the secured area of the jail for the housing of administrative offices and to accommodate the public. Administrative areas shall contain the following additional areas:

(a) A waiting area which shall provide:

Space for the general public;
Protection from inclement weather; and
If the facility is a new jail, ADA compliant toilet facilities for both male and female persons and drinking fountains;

(b) A visiting area, public side which shall:

Provide for private communication with prisoners;
Be located in close proximity to the waiting area; and
Provide at least one (1) ADA compliant space;

(d) An entrance to the security area which shall:

Provide secure access to the security area;
Be of penal-type; and
Have access controlled from the security area.

(4) Security area. The area shall enclose those facilities and services required for or used by prisoners. It shall contain a booking area. The purpose shall be to provide a private and separate area, properly equipped to carry out admission and release procedures. The equipment shall be penal-type. This area shall be designed for different classes of prisoners. Design features for this area shall include:

(a) Close proximity to a secure area for storage of prisoner personal property;

(b) Close proximity to an area for photography and fingerprinting;

(c) Close proximity to an area for showering, delousing, and strip searching a prisoner and which ensures privacy for the prisoner;

(d) Close proximity to temporary holding and detoxification cells; and

(e) Located in a manner to be monitored by a control room;

(5) Detoxification area. The purpose shall be to provide an area to separate intoxicated prisoners from the general prisoner population. It shall include design features as established in this subsection.

(a) There shall be a minimum of fifty (50) square feet per prisoner.

(b) There shall be a minimum of eight (8) feet deck height including soffits.

(c) There shall be one (1) concrete slab thirty (30) inches wide by seventy-two (72) inches long by four (4) inches high for each prisoner.

(d) There shall be a penal commode, lavatory, and a flush floor drain controlled from outside the cell.

(e) There shall be a bubble-type drinking fountain.

(f) The fixtures and equipment shall be penal-type.

(g) Each surface inside the area shall be smooth, flush, and free of sharp edges and protrusions.

(h) Each horizontal surface (the bunk and the floor) shall be sloped (one-fourth (1/4) of an inch to the foot) to the floor drain.

(i) The protruding corners (except at deck) shall be covered.

(j) Deck, walls, surfaces of the wall base, and floors shall be of approved masonry, concrete, or steel construction.

(k) Each detoxification cell shall have sufficient light for the tasks being performed.

(6) Holding areas. The purpose of holding areas shall be for temporary detention not to exceed thirty (30) hours in secure holding or thirty (30) hours in diversion holding.

(a) Design features for secure holding shall include:

Twenty-five (25) square feet per rated capacity with a minimum size of no less than fifty (50) square feet;
Eight (8) feet deck height;
One (1) commode and lavatory for a rated capacity of ten (10) or less, two (2) commodes and lavatories for a rated capacity of eleven (11) to twenty (20), or three (3) commodes and lavatories for a rated capacity of twenty-one (21) or more;
Penal-type equipment;
One (1) penal-type lavatory and commode;
One (1) penal-type light fixture capable of providing sufficient light for the tasks being performed; and
Decks, walls, surfaces of wall bases and floors that are constructed of approved masonry, concrete or steel construction.

(b) If a diversion holding area is provided, features and requirements shall include:

Twenty-five (25) square feet per rated capacity with a minimum size of fifty (50) square feet;
Total rated capacity not to exceed twenty-four (24) persons;
One (1) bathroom for a rated capacity of ten (10) or less; two (2) bathrooms for a rated capacity of eleven (11) to twenty (20); and three (3) bathrooms for a rated capacity of twenty-one (21) or more;
At least one (1) water fountain that is located in the area;
A phone system that is available for use by prisoners;
Fire-rated construction with penal hardware, windows, and door;
Fire-rated chairs and tables per rated capacity but no beds;
An unobstructed view into the area; and
Areas that allow constant in-person surveillance.

(7) Medical exam area. The purpose of this room shall be to provide a separate and secure area for medical examinations and rendering medical treatment. Design features shall include:

(a) Minimum dimensions that are no less than 100 square feet;

(b) Minimum deck height that is eight (8) feet including soffits;

(d) One (1) work counter;

(e) Secured lockers for medical equipment, medical instruments, medications, bandages, etc., secured to the floor or walls or a secure closet;

(f) One (1) or more medical examination tables;

(g) Electrical power outlets with at least one (1) outlet or power source connected to an emergency power source;

(h) Decks, walls, and floors constructed of approved masonry, concrete, or steel construction;

(i) A secure area for storage of medication and medical equipment if medical services are provided outside the jail; and

(j) One (1) bathroom with commercial grade fixtures.

(8) Visiting area, prisoner side. The purpose shall be to provide secure and private visitation for the prisoners. The equipment and furnishings shall be of penal-type and permanently attached. At least one (1) area shall be ADA compliant.

(9) Conference area. The purpose of this area shall be to provide space for confidential conferences between prisoners and lawyers, counselors, clergy, etc. It shall include design features as established in this subsection.

(a) Doors, windows, and light fixtures shall be penal-type.

(b) Walls, floors, and decks shall be of approved masonry, concrete, or steel construction.

(10) Multipurpose room. The purpose of this area shall be to provide space for assembly of prisoners for specific program activities.

(a) The multipurpose room shall be a minimum of:

For a Category I jail, one (1) 250 square foot room;
For a Category II jail, two (2) 250 square foot rooms;
For a Category III jail, four (4) 250 square foot rooms;
For a Category IV jail, six (6) 250 square foot rooms; or
For a Category V jail, eight (8) 250 square foot rooms.

(b) It shall include design features as established in this paragraph.

Doors, windows, and light fixtures shall be penal-type.
Walls, floor, and deck shall be of approved masonry, concrete, or steel construction.
Furnishings shall be noncombustible and nontoxic as approved by the department.
Deck shall be of approved construction.

(11) Outdoor recreation. The purpose of this area shall be to provide secure outdoor space for recreational activities. This area shall allow at least thirty-five (35) square feet per prisoner in an area with a minimum of 385 square feet. At least part of this area shall be covered.

(12) Kitchen. The purpose of this area shall be to provide sufficient space and equipment for preparing meals for the maximum rated capacity of the jail. Design features shall include:

(a) Compliance with the Kentucky Food Code, 902 KAR 45:005;

(b) Commercial-type stoves and refrigeration units;

(d) Walls, floors, and decks constructed of fire-rated masonry, concrete, or steel construction.

(13) Control room. The purpose of this area shall be to control all movement of prisoners within the jail and traffic in and out of the security area. Also, this area shall be the hub for operations within the jail. It shall include design features as established in this subsection.

(a) Doors and windows shall be of penal-type.

(b) Walls, floors, and deck shall be approved masonry, concrete, or steel construction.

(d) Gauges, indicators, and alarms shall be located in this area.

(e) Central control panels shall be located in this area.

(f) This area shall permit visual observation of all corridors, entrances, and exits under its supervision.

(14) If jail personnel are not within normal hearing distance of prisoners, an audio communication system shall be installed to allow jail personnel to communicate with prisoners.

(15) A panic button, jail personnel call station, or portable communication device shall be installed or available in corridors and jail personnel observation areas, which shall sound an alarm in the control center in an emergency situation.

(16) Confinement areas. The purpose of these areas shall be to provide suitable living conditions for all types of prisoners lodged in the jail.

(a) Design features for all living areas shall include:

Sufficient natural or artificial light for the tasks being performed;
Ventilation to meet air exchange as required in the Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines;
Temperature ranges within comfort zones (sixty-five (65) degrees Fahrenheit to eighty-five (85) degrees Fahrenheit);
Approved masonry, concrete, or steel construction;
Penal-type furnishings and equipment that are permanently attached;
Floor drains that service each living area;
An approved securable food pass where appropriate and approved by the division jail consultants;
Electrical outlets that if provided, are ground-faulted or have ground-fault circuit breakers; and
Penal-type receptacle and switch plate covers.

(b) All cells and housing areas shall meet the design requirements established in this paragraph.

Prisoner living areas shall be equipped with the security hardware to meet the security requirements of the prisoners housed in the area. Depending on the size of the jail, at least one (1) living area shall be designed at high security and be equipped with a safety vestibule to enter the living area.
Depending on the size of the jail, at least one (1) male, one (1) female, and one (1) medical isolation cell shall be provided.
All cells shall open into a dayroom and a cell shall not be less than seventy (70) square feet. A cell shall not have more than two (2) penal-type bunks. If two (2) persons are housed in a cell, they shall not be detained in the cells for longer periods than twelve (12) hours, except in emergency situations.
If the vestibule is used at a cell area, at least the inner door shall be remotely operated.
Each cell shall contain:

a. A penal-type commode, lavatory, and drinking fountain, penal-type bunks secured to the floor or wall, penal-type table with two (2) seats, and penal-type storage area for personal property; and

b. A penal-type light fixture with controls inaccessible to prisoners unless it has staff override.

The jail shall provide living space for low security prisoners including work release and community service workers. This area shall be either cells opening into a dayroom or a combination of this and multiple-occupancy dorms. If dorms are used, they shall include:

a. Forty (40) feet per prisoner;

b. One (1) commode, one (1) lavatory, and one (1) drinking fountain per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas if the commodes are not reduced to less than one-half (1/2) the number required;

c. One (1) shower per twenty (20) prisoners;

d. Sufficient tables and benches to handle the number of prisoners housed in the dorm;

e. One (1) penal-type storage area for personal property per prisoner; and

f. One (1) penal-type bunk per prisoner.

Jails may assign conditional housing arrangements relating to overcrowding if they meet the minimum square footage allowable for the area, and have in place an objective classification system relating to the management of the inmate population.

a. The conditional housing arrangement assignment shall be limited to a maximum of seven (7) days.

b. If at any time during the seven (7) days the population drops below the maximum allowable number, the seven (7) day timeframe shall restart. The cycle of assigning conditional housing arrangements shall not exceed a continuous period of more than four (4) consecutive weeks within a sixty (60) day time period without being found in violation.

c. The requirements of subparagraph 7. of this paragraph shall apply to all secure and nonsecure areas where a maximum number of inmates have been predetermined by the jail to be in the area.

Each dayroom area shall contain:

a. Thirty-five (35) square feet per prisoner;

b. One (1) commode per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas if the commodes are not reduced to less than one-half (1/2) the number required;

c. One (1) lavatory per ten (10) prisoners;

d. One (1) drinking fountain per twenty (20) prisoners;

e. One (1) shower per twenty (20) prisoners; and

f. Tables and benches sufficient to handle the rated capacity with space twenty-four (24) inches wide and twelve (12) inches deep per prisoner.

(17) Direct supervision areas. The purpose of a direct supervision area shall be to provide suitable living conditions for prisoners who are located in the jail whose behavior indicates their ability to function in a less secure setting under the direct supervision of jail personnel. Jails that elect to use the direct supervision concept shall have a sufficient number of secure cell or dormitories, as approved by the Department, in order to separate prisoners who display negative behavior in direct supervision areas. All direct supervision areas shall have a secure perimeter. Direct supervision area design features shall include:

(a) Sufficient natural or artificial light for the tasks being performed;

(b) Ventilation to meet air exchange as required in the Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines;

(d) Approved masonry or concrete construction;

(e) Penal- or commercial-type furnishings and equipment;

(f) Electrical outlets that are ground-faulted or have ground-fault circuit breakers;

(g) Dormitories that provide not less than forty (40) square feet per person and do not exceed seventy (70) persons;

(h) One (1) commode, one (1) lavatory, and one (1) drinking fountain per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas if the commodes are not reduced to less than one-half (1/2) the number required;

(i) One (1) shower per twenty (20) prisoners;

(j) Sufficient tables and chairs to handle the number of prisoners in the dorm;

(k) One (1) storage area for personal property per prisoner;

(l) A phone system available for use by prisoners; and

(m) Compliance with all other full-service requirements as established in 501 KAR Chapter 3.

Section 13. In any new construction or expansion of the local correctional facility, there shall not be a 911 Control Center housed within the secure perimeter of the local correctional facility. Any increase of square-footage of an existing 911 Center shall require the removal of the Center's location to a new location outside the secure perimeter of the local correctional facility.

Section 14. Facility Status.

(1) A jail shall not change its status from full service to life safety.

(2) If the Department of Corrections issues an order of closure for a facility or a portion of a facility pursuant to KRS 441.075, before the facility may reopen, it shall:

(a) Obtain approval from the department; and

(b)

Meet the physical plant design standards in Section 12 of this administrative regulation; or
Receive an exemption from compliance pursuant to Section 8 of this administrative regulation.

Section 15. Incorporation by Reference.

(1) "Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines", January 2016, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Corrections, Division of Local Facilities, 2439 Lawrenceburg Road, P.O. 2400, Frankfort, Kentucky 40602-2400, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 441.045, 441.055, 441.064, 441.075, 441.415-441.450
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes standards and procedures to be followed in the design, construction, renovation, and expansion of full-service jails.
History: 9 Ky.R. 639; eff. 3-2-1983; Am. 13 Ky.R. 679; eff. 11-11-1986; 19 Ky.R. 1847; 2620; eff. 6-7-1993; 22 Ky.R. 1349; eff. 3-7-1996; 27 Ky.R. 1576; 2135; eff. 2-15-2001; 31 Ky.R. 1549; 1791; eff. 5-26-2005; 34 Ky.R. 1175; 1958; eff. 3-7-2008; 37 Ky.R. 2943; 38 Ky.R. 571; 749; eff. 11-4-2011; 42 Ky.R. 1939; 2336; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 3:060 Security; control {#sec-501-kar-3-060 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:060}

Section 1. Policy and Procedure.

(1) The jailer or jail administrator shall develop a written policy and procedure governing the security aspects of the jail's operation.

(2) If requested in writing, the department shall provide technical assistance to the jailer or jail administrator in formulating written policy and procedure.

(3) The policies and procedures shall include:

(a) Prisoner rules;

(b) Staffing;

(d) Visitation;

(e) Key and weapon control;

(f) Prisoner head counts;

(g) Surveillance checks;

(h) Emergency situations;

(i) Jail schedule; and

(j) Administering medication.

Section 2. Prisoner Supervision.

(1) Jail personnel shall conduct and document direct in-person surveillance of each prisoner on an irregular schedule, at least every sixty (60) minutes.

(2) Jail personnel shall conduct and document direct in-person surveillance on an irregular schedule, at least every twenty (20) minutes on the following classes of prisoners:

(a) Suicidal;

(b) Mentally or emotionally disturbed, if housed in a single cell; or

(3) If available, closed-circuit television shall be used primarily to monitor hallways, stairwells, sally ports, perimeter security, points of egress, common areas, and support areas.

(4) 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. At least one (1) count shall be conducted per shift.

Section 3. Security Procedures.

(1) Each jailer or jail administrator shall establish a procedure for weekly inspection, for contraband and physical security, of each area accessible to a prisoner.

(a) Isolated security spot checks for contraband shall be conducted daily.

(b) The prisoner rules, as specified in Section 1(3)(a) of this administrative regulation, shall contain a clear definition of each item permitted in the jail. All other items shall be considered contraband.

(2) A weapon, ammunition, chemical agent, related security equipment, or object which may be used as a weapon shall not be permitted in the security area unless authorized by the jailer or jail administrator. Firearms shall not be permitted in the security area unless authorized by the jailer or jail administrator, under emergency circumstances.

(3) If a weapon, ammunition, chemical agent, or related security equipment is not being carried or used, as authorized by the jailer or jail administrator, it 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 monthly 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 located outside the security perimeter of the confinement area.

(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:

(a) May be assigned the responsibility of providing prisoner services, including providing meals, under the direct supervision of jail personnel; and

(b) Shall not be assigned to a position of authority over another prisoner.

(8) A prisoner shall not be permitted to perform or assist in a security duty.

(9) A jail with a work release or community service program shall establish special control procedures to minimize contact between a prisoner with work release privileges and another prisoner.

(10) A prisoner shall be searched, in accordance with the requirements established in 501 KAR 3:120, if entering or leaving the security perimeter.

(11) Written procedures shall be developed for transporting a prisoner outside the jail and shall identify training required before jail personnel are permitted to transport any prisoner.

(12) Each jailer or jail administrator shall develop written policies and procedures governing the use of physical restraints. Written policies and procedures shall include provisions for inmates known to be pregnant, in accordance and compliance with KRS 196.173.

(13) A prisoner placed in physical restraints shall be constantly monitored.

(14) The jail shall have key-control procedures as established in this subsection.

(a) A key control center shall be secure and inaccessible to an unauthorized person at all times.

(b) There shall be an accounting procedure for issuing and returning keys.

(d) A set of duplicate keys shall be maintained in a separate, secure place.

(e) A prisoner shall not be permitted to handle a key used to operate a jail security lock.

(f) A key operating a lock to an outside door or gate shall not be permitted in the security area.

(g) An emergency key or any key to a critical security area shall be issued in accordance with written procedures established by the jailer or jail administrator.

(h) Precautions similar to those outlined in paragraphs (a) through (g) of this subsection shall be taken to ensure the security of nonkey operated locking devices including electrical switches or levers.

(i) A lock to an outside exit shall be keyed differently from an interior lock.

(j) The lock to the control room shall be keyed differently from all other locks.

(15) Trustees.

(a) A trustee shall not have access to, or control of, a weapon.

(b) An unsupervised trustee shall not be permitted in either a program, support, or housing area with a prisoner of the opposite sex.

Section 4. Daily Jail Log; Special Reports. A daily jail log shall be kept current and shall reflect significant occurrences within the jail. 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, including:

(a) Fire;

(b) Assault;

(d) Escape or attempted escape;

(6) Inmate vandalism, including:

(a) Destruction of jail property; and

(b) Flooding of plumbing fixtures;

(7) Jail personnel roster for each shift; and

(8) Visitor's log.

History

RELATES TO: KRS 196.173, 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. KRS 196.173 limits restraint situations for pregnant prisoners. This administrative regulation establishes security procedures to be followed in full-service jails.
History: 9 Ky.R. 642; Am. 925; eff. 3-2-1983; 13 Ky.R. 684; eff. 11-11-1986; 19 Ky.R. 1850; 2623; eff. 6-7-1993; 22 Ky.R. 1353; eff. 3-7-1996; 26 Ky.R. 160; 27 Ky.R. 82; eff. 7-17-2000; 31 Ky.R. 1553; 1794; eff. 5-26-2005; 34 Ky.R. 1179; 1962; eff. 3-7-2008; 37 Ky.R. 2949; 38 Ky.R. 572; eff. 10-7-2011; 42 Ky.R. 1945; 2341; eff. 3-4-2016; 50 Ky.R. 1952; eff. 9-3-2024.

501 KAR 3:070 Safety; emergency procedures {#sec-501-kar-3-070 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:070}

Section 1. Policy and Procedure.

(1) Each jail shall have a written policy and procedure that specifies fire prevention practices to provide for the safety of prisoners, visitors, and jail employees. The policy shall include:

(a) A fire emergency planning session for jail employees at least quarterly;

(b) Maintaining written documentation of the fire planning session including evacuation, fire drills, and other procedures covered during the session;

(d) Inspection and testing of fire protection equipment by a qualified person at least annually with visual inspections by jail employees monthly;

(e) Being a tobacco-free facility; and

(f) An evacuation plan coordinated with local fire officials and approved by the department.

(2) Each jail shall have written policy and procedures for emergency situations including:

(a) Escape;

(b) Hostage taking;

(d) Food poisoning;

(e) Civil disturbance in the community;

(f) Natural disaster;

(g) Suicide;

(h) Other death and disorder; and

(i) Mass evacuation disaster plan.

Section 2. Physical Plant.

(1) Each jail shall comply with the Kentucky Building Code, incorporated by reference in 815 KAR 7:120. An existing jail for which approval has been granted may continue without change, except if a significant alteration, addition or change of occupancy occurs.

(2) Each exit shall be:

(a) Distinctly and permanently marked;

(b) Visible at all times;

(d) Maintained in usable condition.

(3) Each jail shall have equipment necessary to maintain essential lights, power, HVAC, and communications in an emergency situation.

(4) In each area where a prisoner may be confined, there shall be an emergency smoke control system activated by smoke detectors and operated by emergency power. Inspection and testing of the smoke control system shall be conducted by a qualified person at least annually.

(5) Each jail shall have a fire alarm and smoke detection system.

(6) Each direct supervision area shall have an automatic fire extinguishing system.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes safety and emergency procedures to be followed in full-service jails.
History: 9 Ky.R. 1073; eff. 4-6-1983; Am. 13 Ky.R. 686; eff. 11-11-1986; 26 Ky.R. 162; 27 Ky.R. 1983; eff. 7-17-2000; 31 Ky.R. 1555; 1795; eff. 5-26-2005; 34 Ky.R. 1181; 1963; eff. 3-7-2008; 37 Ky.R. 2951; 38 Ky.R. 573; eff. 10-7-2011; 42 Ky.R. 1947; 2342; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 3:080 Sanitation; hygiene {#sec-501-kar-3-080 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:080}

Section 1. Procedures.

(1) The jailer or jail administrator shall provide for the control of vermin and pests.

(2) The jail shall provide for both solid and liquid waste disposal.

(3) The jailer or jail administrator shall have a written preventative maintenance plan that includes:

(a) A cleaning schedule for various locations and items in the jail;

(b) A schedule for inspections by the jailer or jail administrator;

(d) A schedule for periodic inspection and maintenance of specific mechanical equipment.

(4) The jail shall have fresh air circulating within prisoner living and activity areas.

(5) The jail shall furnish clean sanitized bedding to prisoners except in holding areas and unless it is determined to be detrimental to a particular prisoner. Issuance of bedding in detoxification shall be optional. Bedding shall include:

(a) One (1) mattress;

(b) One (1) blanket, if conditions require;

(d) One (1) pillow, if not part of the mattress; and

(e) One (1) pillowcase, if applicable.

(6) 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 the next prisoner.

(b) Blankets shall be laundered upon reissue or quarterly, whichever is sooner.

(7) Each prisoner shall be issued a clean jail uniform and towel upon admission to a prisoner living area. If a prisoner does not have undergarments upon admission, then the jail shall issue them. Jail uniforms, undergarments, and towels shall be laundered at least twice weekly and laundered prior to reissue to the next prisoner. Prisoners shall not be required to be without a clean uniform, undergarment, or towel while laundry is being processed.

(8) Each female prisoner shall be issued an appropriate number of undergarments upon admission.

(9) All floors, toilets, and sinks in the jail shall be cleaned daily or more often as necessary.

(10) All showers shall be cleaned on at least a weekly basis.

(11)

(a) All prisoners assigned to prisoner living areas shall be issued or permitted to obtain the following hygienic items:

Soap;
Toothbrush;
Toothpaste; and
Toilet paper.

(b) Indigent prisoners shall be furnished these items by the jail.

(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 or jail administrator approval.

(13) Prisoners assigned to prisoner living areas shall be issued an adequate number of sanitary supplies, if applicable.

(14) Hair cutting services or sanitized hair cutting equipment shall be available to all prisoners.

(15) All prisoners shall be provided shower facilities within twenty-four (24) hours of admission. Prisoners shall be permitted to shower daily unless there is a documented security risk.

(16) All prisoners in the jail shall be provided with hot and cold running water in showers and lavatories.

History

RELATES TO: KRS 441.055
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to provide proper sanitation and hygiene in full-service jails.
History: 9 Ky.R. 644; eff. 3-2-1983; Am. 13 Ky.R. 687; eff. 11-11-1986; 20 Ky.R. 2135; 2624; eff. 3-14-1994; 31 Ky.R. 1556; 1796; eff. 5-26-2005; 34 Ky.R. 1183; 1964; eff. 3-7-2008; 2952; 38 Ky.R. 574; eff. 10-7-2011; 42 Ky.R. 1948; 2342; eff. 3-4-2016; 50 Ky.R. 1954; eff. 9-3-2024.

501 KAR 3:090 Medical services {#sec-501-kar-3-090 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:090}

Section 1. Medical Services.

(1) The jail's medical services shall be provided by contracting with a health care provider licensed in Kentucky.

(2) The medical authority shall be a licensed practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor, or licensed doctor of osteopathy. Telehealth services may be used, except for mental health evaluations for involuntary commitments pursuant to KRS Chapter 202A.

(3) The health care staff shall not be restricted by the jailer or jail administrator in the performance of their duties except to adhere to the jail's security requirements.

(4) All health care staff working in the jail shall comply with state licensure and certificate requirements commensurate with similar health care personnel working elsewhere in the community. Copies of licenses and certificates for health care staff employed by the jail shall be maintained on file within the jail.

(5) A daily medical log shall be maintained documenting specific medical treatment rendered in the jail. This log shall be kept current to the preceding hour.

(6) Prisoners shall not perform any medical functions within the jail.

(7) Prisoners shall be informed verbally and in writing at the time of admission about the methods of gaining access to medical care within the jail.

(8) All medical procedures shall be performed according to orders issued by the responsible medical authority. All medical procedures that require hospital care shall use the Kentucky Correctional Health Care Services Network, or other contracted health care network.

(9) Medical screening shall be performed by the receiving jail personnel on all prisoners upon their admission to the jail and before their placement in prisoner living areas. The findings of this medical screening shall be recorded on a printed screening form approved by the medical authority. The medical screening inquiry shall include:

(a) Current illnesses and health problems;

(b) Medications taken and special health requirements;

(d) Behavioral observation, state of consciousness, and mental status;

(e) Notation of body deformities, markings, bruises, lesions, jaundice, ease of movement, and other distinguishing characteristics;

(f) Condition of skin and body orifices, including rashes and infestations; and

(g) Disposition and referral of prisoners to qualified medical personnel on an emergency basis.

(10) Sick call conducted by the medical authority shall be available to each prisoner as provided by this subsection.

(a) Category I jails shall hold sick call two (2) days per week, at a minimum.

(b) Category II jails shall hold sick call three (3) days per week, at a minimum.

(d) Category IV jails shall hold sick call five (5) days per week, at a minimum.

(e) Category V jails shall hold sick call six (6) days per week, at a minimum.

(11) Jailers, jail administrators, or jail personnel shall report suicides or attempted suicides that constitute a serious health situation to the department within twenty-four (24) hours.

(12) Each jail shall have a written policy and procedure outlining jail personnel response to detainees who are at risk for suicide or have attempted or completed suicide.

(13) Emergency medical, vision, and dental care shall be available to all prisoners commensurate with the level of care available to the community.

(14) Medical research shall not be permitted on any prisoner in the jail.

(15) Access to the prisoner's medical file shall be controlled by the medical authority and the jailer or jail administrator. The medical record shall be separate from custody and other administrative records of the jail.

(16) The jail shall follow informed consent standards in the community for prisoner care.

(17) The jailer, jail administrators, or jail personnel shall notify the coroner, if a prisoner dies while in the jail's custody, to allow for a postmortem examination pursuant to KRS 72.025.

(18) The jailer or jail administrator shall have written delousing procedures.

(19) The jail shall have first aid kits available at all times.

(20) A prisoner who has been prescribed treatment by a recognized medical authority and cannot receive that treatment in the jail shall be moved to another confinement facility that can provide the treatment or may be moved to a hospital.

(21) If emergency care is needed, it shall be provided.

(22) Telehealth services shall be provided for prisoners.

Section 2. Medical Transfers Pursuant to KRS 441.560.

(1) A jailer, jail administrators, or jail personnel may request that a prisoner be transferred to the department for necessary medical treatment and care if the prisoner:

(a) Is injured;

(b) Is pregnant;

(d)

Is severely and persistently mentally ill; and
Is presenting an imminent risk of harm to self or others; or

(e) Requires specialized medical care or long-term medical care that is not available at the local jail.

(2) The transfer request shall be submitted to the Classification Branch in writing and shall contain the following information:

(a) Prisoner's name;

(b) Prisoner's Social Security number;

(d) Inmate number;

(e) Pending charge or conviction and whether felony or misdemeanor;

(f) Estimated sentence or time to serve;

(g) Whether the prisoner has insurance or not;

(h) Whether the prisoner is indigent or not;

(i) Justification for medical transfer;

(j) Whether the care is necessary or not;

(k) Any conflict reports; and

(l) Relevant attachments such as:

Copy of prisoner's insurance card;
Doctor's report;
Incident report;
Citation;
Booking information;
Preexisting medical records; or
Current medication.

(3) If a prisoner is approved for transfer to the department, pursuant to KRS 441.560, the jail shall provide the following, unless already provided with the transfer request:

(a) All medical information;

(b) Current medication in proper container;

(d) Incident reports;

(e) Current citation;

(f) Classification information;

(g) Conflict reports;

(h) Any additional pertinent information; and

(i) Custody receipt.

(4) If a prisoner is approved for transfer to the department, pursuant to KRS 441.560, the prisoner shall be transported by the department.

Section 3. Inmate Medications. When a prisoner is transferred from the jail to another facility, or discharged:

(1) A copy of the most recent Medical Administration Record (MAR) shall be sent with the prisoner; and

(2) If prescribed medication was purchased for a prisoner by the jail, then the jail may provide the medication, a prescription, or both to the prisoner.

History

RELATES TO: KRS 72.025, 441.045, 441.047, 441.055, 441.560
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 441.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 requires the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet. KRS 197.020(1)(e) requires the Department of Corrections to promulgate administrative regulations to require telehealth services in county jails. KRS 441.560 requires the department to promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum health standards for jails that house state prisoners. This administrative regulation establishes procedures for the proper delivery of medical services in full-service jails.
History: 9 Ky.R. 644; Am. 927; eff. 3-2-1983; 13 Ky.R. 688; eff. 11-11-1986; 19 Ky.R. 1852; eff. 6-7-1993; 29 Ky.R. 2758; 30 Ky.R. 23; eff. 7-17-2003; 31 Ky.R. 1557; 1796; eff. 5-26-2005; 34 Ky.R. 1184; 1964; eff. 3-7-2008; 37 Ky.R. 2954; 38 Ky.R. 574; 755; eff. 11-4-2011; 42 Ky.R. 1950; 2343; eff. 3-4-2016; 50 Ky.R. 1956; eff. 9-3-2024.

501 KAR 3:100 Food services {#sec-501-kar-3-100 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:100}

Section 1. Procedures.

(1) The jail shall comply with KRS 217.280 through 217.390 and 902 KAR 45:005.

(2) The jailer or jail administrator shall provide adult prisoners with a nutritionally adequate diet containing at least 2,400 calories per day. Condiments shall not be included in the daily caloric totals. If prisoners are housed in the diversion holding area during normal meal times, they shall be fed. Meals may be either hot or cold.

(3)

(a) Except as provided by paragraph (b) of this subsection, prisoners shall receive three (3) meals per day, one (1) of which shall be hot. More than fourteen (14) hours shall not elapse between any two (2) meals.

(b) The jailer or jail administrator may elect to provide only two (2) meals on Saturdays, Sundays, and holidays, if both meals still meet the minimum 2,400 calories per day. Condiments shall not be included in the daily caloric totals. If the jailer or jail administrator elects to serve only two (2) meals, more than sixteen (16) hours shall not elapse between any two (2) meals.

(4) The jailer or jail administrator shall provide for religious diets in accordance with 501 KAR 3:130 after review and approval by religious authority.

(5) The jailer or jail administrator shall provide for medical diets if prescribed by a medical authority. This shall include any special dietary requirements to ensure adequate nutrition is provided for pregnant prisoners.

(6) The jailer or jail administrator shall maintain accurate records of all meals served.

(7) Food shall not be used for disciplinary purposes.

(8) A nutritionist or dietician shall approve the nutritional value of the jail menu on an annual basis.

(9) Jail personnel shall directly supervise all food prepared within the jail.

(10) All food shall be served under the direct supervision of jail personnel.

(11) The jail shall have sufficient cold and dry food storage facilities.

(12) The jailer, jail administrator, or jail personnel shall inspect the food service area daily.

(13) Canteen food items purchased by prisoners may be stored or prepared in amounts that do not pose a threat to the health or security of the facility.

History

RELATES TO: KRS 196.035, 197.020, 217.280-217.390, 441.055
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum health standards for jails that house state prisoners. This administrative regulation establishes procedures for proper food services for full-service jails.
History: 9 Ky.R. 645; eff. 3-2-1983; Am. 13 Ky.R. 689; eff. 11-11-1986; 19 Ky.R. 1853; 2624; eff. 6-7-1993; 22 Ky.R. 1354; eff. 3-7-1996; 29 Ky.R. 2759; 30 Ky.R. 24; eff. 7-17-2003; 31 Ky.R. 1558; eff. 5-26-2005; 34 Ky.R. 1186; 1965; eff. 3-7-2008; 37 Ky.R. 2956; 38 Ky.R. 576; eff. 10-7-2011; 42 Ky.R. 19532; 2344; eff. 3-4-2016; 50 Ky.R. 1958; eff. 9-3-2024.

501 KAR 3:110 Classification {#sec-501-kar-3-110 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:110}

Section 1. Procedure.

(1) Each jail shall develop a prisoner classification system, which shall be included in the facility's written policy and procedure manual.

(2) The prisoner classification system shall provide for separation of the following categories of prisoners:

(a) Male and female prisoners, which shall be separated by a physical barrier, except in diversion holding areas;

(b) Mental inquest detainee and other prisoners;

(d) Chemically incapacitated prisoner and other prisoners;

(e) A prisoner with a tendency to harm others, be harmed by others, or requiring administrative segregation and other prisoners; and

(f) A prisoner with a communicable disease and other prisoners.

(3) The criteria to be used in the classification of other prisoner categories shall be as follows:

(a) Seriousness of current offense;

(b) Institutional behavioral history;

(d) Known criminal history; and

(e) Trustees.

(4) Trustees. The jailer or his designee shall base selection of prisoners for trustee status on the following criteria:

(a) The nature of the prisoner's offense and sentence;

(b) Previous escape attempts; and

(5) A prisoner's classification shall be reevaluated if the prisoner's status changes based on factors to include the following:

(a) Results of a court appearance by the prisoner, such as being sentenced;

(b) Disciplinary hearing and action; and

(6) The prisoner classification system shall prohibit discrimination or segregation based upon race, color, creed, or national origin.

Section 2.

(1) Each jail with a direct supervision area shall, and other jails may, develop a system of prisoner classification to assess prisoners for the purposes of:

(a) Protecting public or institutional safety;

(b) Providing an acceptable level of health care services; and

(2) The classification system shall provide for the assessment of prisoner risk and need, considering elements including:

(a) Need for medical care;

(b) Need for mental health care;

(d) Potential conflict arising from contact with another individual or group within the facility;

(e) Potential threat of escape;

(f) Potential threat to public safety if placed in a community release program;

(g) Potential risk to staff or another prisoner;

(h) Record of previous institutional behavior; and

(i) Assessment for participation in educational, vocational, rehabilitative, or work-related programming.

(3) Each classification system shall consider the development of the following components:

(a) An assessment of a prisoner upon intake to the facility to determine:

Legal custody;
Medical fitness for acceptance; and
Information asked of the arresting or transporting agent concerning the prisoner's potential risk and needs.

(b) A screening component to assess, as soon as practical after acceptance into the facility, the prisoner's risk and need for the purpose of determining appropriate housing, supervision requirements, and the need for providing immediate health care or other services.

(c) A primary classification of a prisoner shall be accomplished as soon as practical after his initial court appearance, or prior to a permanent housing placement within the facility population to address the long term housing, supervision, and health care needs of the prisoner. Primary classification may also address the appropriateness of program placement in consideration of the needs of the prisoner and the potential risks to the community and the facility associated with the placement.

(4) A reclassification component shall be developed that reassesses the prisoner's risk, need, housing assignment, and supervision based upon either time, event, change of status, or request.

(5) An instrument of assessment shall be developed for each of the classification components using sources including charged offense, criminal history of the prisoner, available institutional behavior history, interview, and observation of the prisoner, or other information sources available to the facility.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020 requires the Department of Corrections to promulgate administrative regulations that include a requirement of a physical barrier between male and female prisoners. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for the classification of prisoners in full-service jails.
History: 9 Ky.R. 646; Am. 927; eff. 3-2-1983; 13 Ky.R. 690; eff. 11-11-1986; 26 Ky.R. 163; 27 Ky.R. 84; eff. 7-17-2000; 31 Ky.R. 1560; eff. 5-26-2005; 37 Ky.R. 2958; 38 Ky.R. 576; eff.10-7-2011; 48 Ky.R. 930, 1734; eff. 3-1-2022.

501 KAR 3:120 Admission; searches and release {#sec-501-kar-3-120 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:120}

Section 1. Policy and Procedure. Each jail shall develop written admission, orientation, and release procedures to be included in the jail's policy and procedure manual.

Section 2. Admission.

(1) A person in need of emergency medical attention shall not be admitted to the jail until a medical examination is conducted. A Denial of Admission document shall be completed, listing the reason for denial. The document shall be signed by jail personnel on duty.

(2) Jail personnel shall ensure that each prisoner is committed under proper legal authority by a duly authorized officer.

(3) An intake form shall be completed on every new admission and shall include the following:

(a) Time and date of commitment;

(b) Name, alias, and nickname;

(d) Authority ordering commitment;

(e) Unit of government to be billed;

(f) Signature and title of arresting or committing officer;

(g) Date of birth;

(h) Race;

(i) Sex;

(j) Height and weight;

(k) Current or last known address;

(l) Telephone number;

(m) Marital status;

(n) Spouse or next of kin;

(o) Emergency contact including name, relationship , address, and telephone number;

(p) Employer, place of employment, and telephone number;

(q) Social Security number;

(r) Health status including current medications, known allergies, diet, or other special medical needs;

(s) The name of any known person in the jail who might be a threat to the prisoner; and

(t) Mental health history including past hospitalizations, comprehensive care treatment, current treatment, and medication.

Section 3. Searches.

(1) Jail personnel shall conduct a search of each prisoner and his possessions.

(a) Each prisoner shall be searched for contraband in a manner jail personnel reasonably determine is necessary to protect the safety of fellow prisoners, jail personnel, and facility security.

(b) A prisoner may be strip searched only on reasonable suspicion that is based upon the existence of objective information that may predict the likelihood of the presence of a weapon, drugs, or other item of contraband concealed on a particular prisoner. Reasonable suspicion may be based upon one (1) or more of the following examples:

A current felony offense, fugitive status, or past felony conviction, involving violence or drug charges;
Institutional behavior, reliable information, or history that indicates possession or manufacturing of a dangerous contraband, the refusal to submit to a clothed pat down search, or a clothed pat down search reveals the possession of a dangerous contraband;
Contact with the public by a contact visit, court appearance that takes place in an area to which the public may have access, or after transport from or through an area to which the public may have access; or
The court has ordered commitment to custody after arraignment, conviction, sentencing, or other court appearance, and the prisoner was not in custody prior to the court appearance.

(c) The jailer shall require that a strip search or body cavity search be documented in writing. Documentation shall include:

Basis for reasonable suspicion to conduct a search;
Date and time of search;
Name of prisoner;
Name of person conducting search;
Type of search; and
Result of search.

(d) A strip search shall be conducted by jail personnel of the same sex as the prisoner and in a private area.

(e) Probing of body cavities shall:

Not be done unless there is reasonable suspicion to believe that the prisoner is carrying contraband in a body cavity; and
Be conducted in a private location, under sanitary conditions, by a licensed medical professional, acting within his statutory scope of practice.

(2) Each jail shall develop written policies and procedures specifying the personal property that a prisoner may retain in his possession.

(a) Cash or personal property taken from a prisoner upon admission shall be listed by complete description on a receipt form, and securely stored pending the prisoner's release. The receipt shall be signed by the receiving jail personnel and the prisoner and kept for the jail record.

(b) If the prisoner is inebriated, is a mental inquest detainee, is mentally ill, or has an intellectual disability, there shall be at least one (1) witness to verify the transaction in paragraph (a) of this subsection. As soon as the prisoner is able to understand and account for his actions, the prisoner may sign the receipt.

(c) Personal property released to a third party shall have the prisoner's signature of approval and the signature receipt of the third party.

(3) The jailer may establish a written policy on hair length or beards if based on actual concerns for safety, security, identification, or hygiene. A prisoner may be permitted freedom in personal grooming if not in conflict with the jail's policy. Caution shall be taken to protect prisoner rights in accordance with court decisions regarding religious practice.

Section 4. Orientation.

(1) As soon after assignment as possible, an oral or written orientation shall be made available to each prisoner.

(2) The orientation shall provide the prisoner with information regarding his confinement, including the following:

(a) Information pertaining to rising and retiring, meals, mail procedures, work assignments, telephone privileges, visitation, correspondence, commissary, medical care, and other matters related to the conditions of the prisoner's confinement;

(b) Rules of prisoner conduct established pursuant to 501 KAR 3:060, Section 1(3);

(d) Information regarding work, educational and vocational training, counseling, and other social service programs; and

(e) Procedures for making a request or registering a complaint with jail personnel or department personnel. Prisoners shall follow the grievance procedure and attach a copy of the grievance documents if requesting a review by the department.

Section 5. Release.

(1) Written legal authorization shall be required prior to the release or removal of a prisoner from confinement.

(2) When a prisoner is released or removed for a legal purpose to the custody of another, the identity of receiving authority shall be verified.

(3) A written record shall be kept of the time, purpose, date, and authority for release or removal from confinement, and into whose custody the prisoner is released or removed.

(4) Prior to the release or removal of a prisoner, the receiving authority shall sign an authorized release form.

(5) Before jail personnel releases a prisoner to an out-of-state jurisdiction, jail personnel shall consult with the appropriate prosecutorial office in the county.

(6) Property, not legally confiscated or retained, receipted from the prisoner upon admission shall be returned to the prisoner when the prisoner is released.

(7) Each prisoner shall sign a receipt for property returned at the time of release.

(8) A complaint regarding property returned shall be submitted in writing with specific details within twenty-four (24) hours from the time of release.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes admission, search, and release procedures for full-service jails.
History: 9 Ky.R. 1074; eff. 4-6-1983; Am. 13 Ky.R. 691; eff. 11-11-1986; 19 Ky.R. 1854; eff. 6-7-1993; 20 Ky.R. 2136; 2625; eff. 3-14-1994; 26 Ky.R. 164; 27 Ky.R. 84; eff. 7-17-2000; 31 Ky.R. 1561; 1797; eff. 5-26-2005; 37 Ky.R. 2959; 38 Ky.R. 577; eff. 10-7-2011; 48 Ky.R. 931; eff. 3-1-2022.

501 KAR 3:130 Prison programs; services {#sec-501-kar-3-130 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:130}

Section 1. Work Programs.

(1) Written policy and procedure shall provide that prisoner programs and services shall be available and include social services, religious services, recreation and leisure time activities, and library services.

(2) Sentenced prisoners who perform work as authorized by KRS 441.125 may receive rewards in the form of sentence reductions or other privileges, if granted by the proper authority.

(3) Written policy and procedure shall provide that unsentenced prisoners shall not be required to work except to do personal housekeeping.

Section 2. Education Programs.

(1) The jail shall develop a policy and procedure that encourages the implementation of education programs in the jail. The use of community resources in these efforts shall also be encouraged to offset the costs of the programs.

(2) Education programs may be made available in accordance with KRS 439.179.

(3) State prisoners shall be provided the opportunity to attend adult basic education programs or to pursue a general educational development (GED) diploma.

Section 3. Library Services. If resources are available in the community, library services may be made available to all prisoners.

Section 4. Religious Programs.

(1) Written policy and procedure shall ensure the constitutional rights of prisoners to voluntarily practice their own religious activities, subject to those limitations necessary to maintain the order and security of the jail.

(2) The jailer or designee shall ensure that an inmate has the opportunity to participate in practices of his religious faith in accordance with the Religion Reference Manual incorporated by reference in 501 KAR 6:080. For specific situations not addressed in the Religion Reference Manual, the jailer or designee may refer to department Policy and Procedure 23.1 incorporated by reference in 501 KAR 6:020.

(3) Inmate responsibilities.

(a) Upon entry into the correctional system, an inmate's religious preference shall be recorded on the inmate I.D. form.

(b) After three (3) months, an inmate may change his religious preference by contacting the jailer or designee.

(c) It shall be the inmate's responsibility to seek a job or program assignment that does not conflict with his religious beliefs and practices.

Section 5. Recreation Programs.

(1) Written policy and procedure shall provide all prisoners with the opportunity to participate in at least one (1) hour of physical exercise per day with at least three (3) exercise periods per week outside the cell. There shall be available one (1) hour of outdoor recreation two (2) times per week if weather permits. Prisoners who pose a threat to the safety and security of the jail shall be denied outdoor recreation.

(2) Leisure time and recreation programs shall be scheduled to permit prisoners to participate in board games, arts and crafts, radio and television, or other activities designed to relieve idleness and boredom.

Section 6. Programs for State Prisoners.

(1) State prisoners may be provided the opportunity to participate in work programs in accordance with KRS 441.125.

(2) Substance abuse programs. State prisoners shall be provided the opportunity to participate in self-help substance abuse programs offered within the jail. State prisoners who apply for treatment and are accepted by the Division of Addiction Services, shall be allowed to participate in the substance abuse program (SAP), if space is available or may be housed in jails offering the program, if space is available.

(3) Evidence based programs. Eligible state prisoners may be provided the opportunity to participate in evidence based programming offered within the jail with the approval of department staff. State prisoners who complete evidence based programming may be eligible to receive program completion credit, in accordance with CPP 15.4 incorporated by reference in 501 KAR 6:020.

Section 7. Required Documents. The jail may provide required documents to prisoners in an electronic format.

History

RELATES TO: KRS 439.179, 441.055, 441.125, 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 532.100(5)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations he or she deems necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet, including qualification for the receipt of federal funds and for cooperation with other state and federal agencies. KRS 532.100 (5) (d) requires the Department of Corrections to promulgate administrative regulations establishing required programs for a jail that houses state inmates under KRS 532.100(5) . KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for prisoner programs and services in those jails.
History: 9 Ky.R. 647; eff. 3-2-1983; Am. 13 Ky.R. 692; eff. 11-11-1986; 19 Ky.R. 1856; 2625; eff. 6-7-1993; 27 Ky.R. 1863; 2435; eff. 3-19-2001; 29 Ky.R. 2760; 30 Ky.R. 24; eff. 7-13-2003; 31 Ky.R. 1563; eff. 5-26-2005; 34 Ky.R. 1188; 1966; eff. 3-7-2008; 37 Ky.R. 2961; 38 Ky.R. 578; eff.10-7-2011; 48 Ky.R. 934, 1734; eff. 3-1-2022.

501 KAR 3:140 Prisoner rights {#sec-501-kar-3-140 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:140}

Section 1. Policy and Procedure.

(1) Each jail shall have a written statement of prisoner rights that shall address:

(a) Access to court;

(b) Access to attorney;

(d) Telephone;

(e) Grievance procedure;

(f) Search and seizure;

(g) Disciplinary procedure;

(h) Racial segregation;

(i) Medical care;

(j) Mental health care, if available; and

(k) Religion.

(2) The statement of prisoner rights shall be made available to all inmates being assigned to general housing units. The prisoner rights may be posted in a conspicuous place, provided in hardcopy format, or provided through closed circuit television.

(3) The jailer, jail administrator, or jail personnel shall not prohibit a prisoner's right of access to the judicial process.

(4) The jailer, jail administrator, or jail personnel shall ensure the right of a prisoner to have confidential access to his attorney or authorized representative. Confidential prisoner access to the prisoner's attorney through unmonitored phone lines in non-contact visitation areas shall be permitted.

(a) To the extent available in the jail and reasonable for use by an attorney, "confidential access" shall include a meeting with counsel in a private room in the jail. The room may be used for purposes other than attorney-client visits, but shall meet the conditions established in this paragraph:

Jail employees and other prisoners shall not enter the room during the attorney-client meeting, unless an emergency or the security of the jail requires.
The room should be located so that conversations in ordinary tones with the door closed cannot be overheard by others outside the room.
If the room is located so that jail personnel could not hear a call for aid from the room with the door closed, then the room shall contain some other means to summon aid.
The room shall contain a desk or table and seating for an attorney, an assistant, and a prisoner.
The room shall have a means to access electricity suitable for plugging in a laptop or portable television, if the jail allows these items to be brought into the jail by an attorney, for the purpose of viewing discovery or other litigation materials. The jail may provide a laptop, portable television, or other means for viewing discovery.
The attorney shall be permitted access to a telephone, unless an emergency or the security of the jail requires otherwise. The jail may provide a phone in the meeting room or in another location within the jail.

(b) Prisoners shall not be given access to cellular phones under any circumstances.

(c) Prisoners shall not be given access to a laptop, except to the extent required to review litigation materials in the immediate presence of an attorney or authorized representative, if the jail allows a laptop to be brought in for this purpose.

(d) The jail shall address in its policy and procedures manual the handling of legal mail sent or received by a prisoner. The policy shall include provisions concerning the constitutional limits on reading prisoner legal mail and opening and inspecting legal mail in the presence of the inmate.

(e) The jail shall address in its policy and procedures manual reasonable access for a prisoner to a telephone to make collect calls to counsel. The policy shall include provisions for any required actions by the prisoner or attorney to allow the telephone system to prevent recording of the attorney-client call.

(5) The jailer or jail administrator shall have a written policy and procedure that defines the jail's visitation rules, which shall include the requirements established in this subsection.

(a) There shall be a schedule identifying no fewer than two (2) visiting days each week, one (1) of which shall be during the weekend.

(b) At least one (1) visit per week per prisoner shall be allowed except if a prisoner is assessed a disciplinary penalty for an infraction of rules governing visitation or the prisoner's current institutional behavior presents an imminent danger or threat of danger to staff or other prisoners.

(d) Two (2) or more persons permitted to visit at the same time shall count as a single visit.

(e) Children, if accompanied by an adult, shall be permitted to visit a prisoner.

(6) Attorneys, clergy, and health care staff shall be permitted to visit a prisoner at reasonable hours, other than during regularly scheduled visiting hours and shall not count as an allotted visit.

(7) Each visitor shall register before admission and shall be denied admission for refusal to register, refusal to consent to search, or for a violation of the visitation rules established pursuant to subsection (5) of this section or established in subsection (6) of this section.

(8) A prisoner shall not be restricted in regard to whom he may have as a visitor unless the jailer or jail administrator determines to exclude the visitor on the basis of one (1) or more of the following conditions:

(a) The visitor:

Represents a clear and present danger to security;
Has a past history of disruptive conduct at the jail;
Is under the influence of alcohol or drugs;
Refuses to submit to a search; or
Refuses to show proper identification; or

(b) The prisoner refuses the visit.

(9) Except for visitors pursuant to subsection (6) of this section, the jail personnel may monitor and record visitor and prisoner conversation for security reasons. Notification shall be posted in a conspicuous location in the visiting areas.

Section 2. Mail.

(1) The jailer or jail administrator shall have written policy and procedure for receiving and sending mail that:

(a) Protects prisoners' personal rights; and

(b) Provides for security practices consistent with the operation of the jail.

(2) A prisoner shall be allowed to correspond with anyone if the correspondence does not violate state or federal law. Caution shall be taken to protect prisoner rights in accordance with court decisions regarding correspondence. A jailer or jail administrator may enact a policy prohibiting the sending or receipt of prisoner-to-prisoner mail. The policy shall permit the jailer or jail administrator discretion to grant the privilege.

(3) Incoming mail may be opened and inspected for contraband prior to delivery. Mail received from the court, an attorney of record, or a public official may be opened and inspected only in the presence of the prisoner. After being opened and inspected in the presence of the prisoner, mail received from the court, an attorney of record, or a public official may be provided to the prisoner via an electronic copy through a secure, personal account.

(4) Measures to prevent receipt of prisoner mail containing intoxicants, including fabricated legal mail shall be permitted.

Section 3. Telephone.

(1) A newly admitted prisoner shall be permitted a reasonable number of local or collect long distance telephone calls to an attorney of the prisoner's choice, or to a family member, as soon as practical, generally within one (1) hour after arrival, until one (1) call has been completed.

(2) The jailer, jail administrator, or jail personnel shall maintain a log of telephone calls made by a prisoner during the admission procedure unless those calls are made on a telephone in the housing area. The log shall document the date, time, and party contacted.

(3) Any prisoner admitted to a facility for a temporary stay of forty-eight (48) hours or less before proceeding or returning to another destination shall be considered in transit and therefore not entitled to a phone call.

(4) Written policy and procedure shall permit each prisoner to complete at least one (1) telephone call each week. The expense incurred for a call shall be borne by the prisoner or the party called.

(5) A minimum of five (5) minutes shall be allotted for each phone call.

(6) If calls are monitored, the prisoner shall be notified.

(7) Telephone privileges may be suspended for a designated period of time if telephone rules are violated.

Section 4. Religion.

(1) A prisoner shall be granted the right to practice his religion within limits necessary to maintain institution order and security.

(2) Each prisoner shall be afforded an opportunity to participate in religious services and receive religious counseling within the jail.

(3) A prisoner shall not be required to attend or participate in religious services or discussions.

Section 5. Access to Programs. The jailer, jail administrator, or jail personnel shall ensure each prisoner equal access to programs and services, if the security and order of the jail will not be jeopardized.

Section 6. Grievance Procedure. The jailer or jail administrator shall have a written prisoner grievance procedure. The procedures shall include provisions for:

(1) A response to each written grievance within ten (10) days;

(2) Equal access for each prisoner;

(3) A guarantee against reprisal; and

(4) Resolution of legitimate complaints.

Section 7. Disciplinary Rights. Each jail shall have a written policy and procedure for maintaining discipline, consistent with constitutional requirements for due process.

Section 8. Medical. Each prisoner shall be afforded access to necessary medical care.

History

RELATES TO: KRS 441.045, 441.047, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 requires the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to ensure the protection of rights of prisoners in full-service jails.
History: 9 Ky.R. 648; Am. 929; eff. 3-2-1983; 13 Ky.R. 694; eff. 11-11-1986; 22 Ky.R. 1355; 1598; eff. 3-7-1996; 26 Ky.R. 166; 27 Ky.R. 86; eff. 7-17-2000; 29 Ky.R. 2762; 30 Ky.R. 282; eff. 8-13-2003; 31 Ky.R. 1564; 1798; eff. 5-26-2005; 34 Ky.R. 1190; 1967; eff. 3-7-2008; 34 Ky.R. 2476; 35 Ky.R. 279; eff. 9-5-2008; 37 Ky.R. 2942; 38 Ky.R. 571; 749; eff. 11-4-2011; 42 Ky.R. 1953; 2345; eff. 3-4-2016; 50 Ky.R. 1960; eff. 9-3-32024.

501 KAR 3:150 Hearings, procedures, disposition {#sec-501-kar-3-150 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:150}

Section 1. Definitions.

(1) "Day" means a calendar day.

(2) "Hearing officer" means a hearing officer appointed by the commissioner pursuant to KRS 441.075.

(3) "Order" means the order of the commissioner requiring the petitioner or petitioners to comply with the minimum jail standards for local jails as specified in the order.

(4) "Petitioner" means the jailer or county/judge executive who requests a hearing for review of the commissioner's order.

(5) "Proceeding" means any proceeding before the commissioner or before a hearing officer.

(6) "Standards" means the minimum jail standards for local jails as established by the department in 501 KAR Chapters 3, 7, and 13.

Section 2. Assignment of Hearing; Filings.

(1) Pursuant to KRS 441.075(4), cases coming before the commissioner may be assigned to a hearing officer within the discretion of the commissioner for a hearing and a finding of facts, conclusions of law, and recommended order. Cases may be withdrawn by agreement, dismissed for cause, or otherwise disposed of before hearing in the discretion and judgment of the commissioner.

(2) A recommended order or adjudication by the hearing officer or the initial order of the commissioner, if dismissed or disposed of as provided in subsection (1) of this section, or any modification or repeal of the initial order, shall become the final order of the commissioner under the provisions of KRS 441.075(4), appealable to the Franklin Circuit Court, thirty (30) days from the date of issue.

(3) Prior to the assignment of a case to a hearing officer, the jailer or county judge/executive shall, within seventy-two (72) hours of receipt of notification of the order, request in writing a public hearing before the commissioner or his designee on the matters covered by the order to the Commissioner of the Department of Corrections, Division of Local Facilities, P.O. Box 2400, Frankfort, Kentucky 40602-2400. Subsequent to the assignment of the case to a hearing officer and prior to the issuance of his decision, all papers shall be filed with the hearing officer at the address given in the notice of hearing.

(4) All evidence and witnesses of both parties and interveners and all proof shall be presented at the hearing. Additional evidence shall not be permitted after the hearing except in unusual circumstances and within the discretion of the commissioner or the hearing officer.

(5) All hearings shall be held in Frankfort, Kentucky unless otherwise ordered by the commissioner.

(6) Unless otherwise ordered, all filing may be accomplished by:

(a) First class mail; or

(b) Sending to Jail.Inspections@ky.gov and including "Hearing" in the subject line of the message.

(7) Filing shall be deemed effective when mailed, if sent by first class mail, or when the email is received in the designated email account.

Section 3. Scope of Rules; Applicability of Kentucky Rules of Civil Procedure.

(1) This administrative regulation shall govern all proceedings before the department and its hearing officers.

(2) In the absence of a specific provision, procedure shall be in accordance with KRS Chapter 13B and the Kentucky Rules of Civil Procedure.

Section 4. Computation of Time. If service of a pleading or documents is by mail pursuant to Section 2 of this administrative regulation, three (3) days shall be added to the time allowed by this administrative regulation for the filing of a responsive pleading.

Section 5. Notice and Time of Hearing.

(1) Notice of hearings shall be given to all parties and interveners within forty-five (45) days from the receipt of the request for hearing unless otherwise ordered by the commissioner or his designee. A hearing shall not be held later than ninety (90) days from the date of request.

(2) The notice of hearing shall comply with KRS 13B.050(3).

Section 6. Continuance of Hearing.

(1) Continuance of a hearing shall not be allowed except in the case of an extreme emergency or in usual circumstances.

(2) A request for a continuance shall be provided to the department at least three (3) days in advance of the time set for the hearing. The request for continuance shall include the reasons for the continuance.

(3) The hearing officer may consider a request for an extension during the hearing, if extenuating circumstances:

(a) Arise during the hearing; or

(b) Prevented compliance with the timing provisions of subsection (2) of this section.

(4) Continuance of the hearing not in excess of fifteen (15) days may be granted in the discretion of the hearing officer. One (1) additional continuance not in excess of fifteen (15) days may be granted by the hearing officer in extreme emergency or under unusual circumstances. An additional continuance shall not be granted without approval of the commissioner.

Section 7. Failure to Appear.

(1) Subject to the provisions of subsection (3) of this section, the failure of a party to appear at a hearing shall be deemed to be a waiver of all rights except the right to be served with a copy of the decision of the hearing officer.

(2) Requests for a newly scheduled hearing shall be made in the absence of extraordinary circumstances within five (5) days after the scheduled hearing date.

(3) The commissioner or the hearing officer, upon a showing of good cause, may excuse a failure to appear. If the failure to appear is excused, the hearing shall be rescheduled.

Section 8. Consolidation. Cases may be consolidated on the motion of any party, on the hearing officer's own motion, or on the commissioner's own motion, if there exist common parties, common questions of law or fact, or both, or in other appropriate circumstances.

Section 9. Severance. Upon his or her own motion, or upon motion of any party or intervener, the commissioner or the hearing officer may, for good cause, order any proceeding severed with respect to some or all issues or parties.

Section 10. Intervention.

(1) A petition for leave to intervene may be filed at any stage of a proceeding before commencement of the hearing, or in the event of a settlement or dismissal, before issuance of a recommended order.

(2) The petition shall set forth the interest of the petitioner in the proceeding and show that participation of the petitioner will assist in the determination of the issues in question and that the intervention will not unnecessarily delay the proceeding.

(3) The commissioner or the hearing officer may grant a petition for intervention to the extent and upon the terms determined by the commissioner or the hearing officer.

(4) The caption of all cases where intervention is allowed shall reflect the intervention by adding to the caption after the name of the respondent the name of the intervener, followed by the designation "intervener."

Section 11. Service.

(1) If filing pleadings or other documents, the filing party or intervenor shall serve a copy on every other party or intervener.

(2) Service upon a party or intervener who has appeared through a representative shall be made only upon the representative.

(3) Unless otherwise ordered, service may be accomplished by postage prepaid first-class mail, by personal delivery, or by email to the email address provided by the party. Service shall be deemed effected at the time of mailing (if by mail), at the time of personal delivery (if by personal delivery), or at the time the email is received in the email account.

(4) Proof of service shall be accomplished by a written statement of service which sets forth the date and manner of service. The statement shall be filed with the pleading or document.

Section 12. Statement of Position. At any time prior to the commencement of the hearing before the hearing officer, any person entitled to appear as a party, or any person who has been granted leave to intervene, may file a statement of position with respect to any or all issues to be heard.

Section 13. Response to Motions. Any party or intervener upon whom a motion is served shall have ten (10) days from service of the motion to file a response.

Section 14. Failure to File. Failure to file any pleading pursuant to this administrative regulation when due, may, in the discretion of the commissioner or the hearing officer, constitute a waiver of right to further participation in the proceedings.

Section 15. Withdrawal of Notice of Hearing. At any stage of a proceeding, a party may withdraw his notice of hearing, subject to the approval of the commissioner.

Section 16. Prehearing Conference.

(1) At any time before a hearing, the commissioner or the hearing officer, on his or her own motion or on motion of a party, may direct the parties or their representatives to exchange information or to participate in a prehearing conference for the purpose of considering matters which will tend to simplify the issues or expedite the proceedings, or for any other matter in accordance with KRS 13B.070(1).

(2) The commissioner or the hearing officer may issue a prehearing order in accordance with KRS 13B.070(2). The order shall be served on all parties and shall be a part of the record.

Section 17. Requests for Admissions.

(1) At any time after the filing of responsive pleadings, any party may request of any other party admissions of facts to be made under oath. Each admission requested shall be set forth separately. The matter shall be deemed admitted unless, within fifteen (15) days after service of the request, or within a shorter or longer time as the commissioner or the hearing officer may prescribe, the party to whom the request is directed serves upon the party requesting the admission of a specific written response.

(2) Copies of all requests and responses shall be served on all parties in accordance with this administrative regulation and filed with the commissioner within the time allotted and shall be a part of the record.

Section 18. Discovery Depositions and Interrogatories.

(1) Except by special order of the commissioner or the hearing officer, discovery depositions of parties, interveners, or witnesses, and interrogatories directed to parties, interveners, or witnesses shall not be allowed.

(2) If the commissioner or the hearing officer grants an application to conduct discovery depositions or interrogatories, the order shall set forth appropriate time limits governing the discovery.

Section 19. Failure to Comply with Orders for Discovery. If any party or intervener fails to comply with an order of the commissioner or the hearing officer to permit discovery in accordance with the provisions of this administrative regulation, the commissioner or the hearing officer may issue appropriate orders.

Section 20. Duties and Powers of Hearing Officers. It shall be the duty of the hearing officer to conduct a fair and impartial hearing, ensure that the facts are fully elicited, adjudicate all issues, and avoid delay. The hearing officer, in cases assigned to him, between the time he is designated and the time he issues his decision, subject to the administrative regulations of the department, may:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receive relevant evidence;

(3) Regulate the course of the hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions;

(4) Hold conferences for the settlement or simplification of the issues;

(5) Dispose of procedural requests or similar matters including motions referred to the hearing officer by the commissioner and motions to amend pleadings; also to dismiss complaints or portions thereof, and to order hearings reopened or, upon motion, consolidated;

(6) Examine witnesses and to introduce into the record documentary or other evidence;

(7) Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof; and

(8) Adjourn the hearing as the needs of justice and good administration require.

Section 21. Exhibits.

(1) All exhibits offered in evidence shall be marked with a designation identifying the party or intervener by whom the exhibit is offered.

(2) In the absence of objection by another party or intervener, exhibits shall be numbered and admitted into evidence as a part of the record, unless excluded by the hearing officer pursuant to this administrative regulation.

(3) Unless the hearing officer finds it impractical, a copy of each exhibit shall be given to the other parties and interveners.

(4) All exhibits offered, but denied admission into evidence, shall be identified as required by subsection (1) of this section and shall be placed in a separate file designed for rejected exhibits.

Section 22. Objections.

(1) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling of the hearing officer, may be stated orally or in writing, accompanied by a short statement of the grounds for the objection, and shall be included in the record. An objection shall not be deemed waived by further participation in the hearing.

(2) If evidence is excluded from the record, the party offering the evidence may make an offer of proof, which shall be included in the record of the proceeding.

Section 23. Recommendations of Hearing Officer; Exceptions; Final Order.

(1) The decision of the hearing officer shall include findings of fact, conclusions of law, and a recommended order to the commissioner disposing of all issues before him in accordance with KRS 13B.110.

(2) Any party may file exceptions to the hearing officer's findings of fact, conclusions of law, and recommended order in accordance with KRS 13B.110(4).

(3) The commissioner shall issue a final order in accordance with KRS 13B.120.

History

RELATES TO: KRS Chapter 13B, 441
STATUTORY AUTHORITY: KRS 13B.170, 196.035, 441.075
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. The Commissioner of the Department of Corrections is authorized by KRS 441.075(4) to hear matters covered by the order of the department requesting jails, correctional or detention facilities to comply with the minimum standards for local jails pursuant to KRS 441.055 and to issue, modify or repeal the order at the conclusion of the hearing. This administrative regulations establishes procedures and definitions for administrative hearings.
History: 9 Ky.R. 1270; eff. 6-1-1983; Am. 12 Ky.R. 1609; eff. 5-6-1986; 13 Ky.R. 696; eff. 11-11-1986; 19 Ky.R. 1857; 2625; eff. 6-7-1993; 37 Ky.R. 2966; 38 Ky.R. 580; eff. 10-7-2011; 48 Ky.R. 935, 1735; eff. 3-1-2022.

501 KAR 3:160 Training {#sec-501-kar-3-160 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:160}

Section 1. Procedure.

(1) Training of Jailers, jail personnel, and other employees shall be the responsibility of the governing authority. The department shall provide training assistance and archiving of electronic training records at no cost to the local body of government.

(2) The department shall schedule a Jail Training Curriculum Advisory Committee meeting annually to advise concerning needs and topics for jail training curriculum. The committee shall be comprised of the Deputy Commissioner of Corrections for Local Facilities, the Director of Local Facilities, and the Director of the Division of Corrections Training (DCT). The committee shall also include those members of the Kentucky Jailers Association (KJA) that are appointed by the KJA Executive Board.

Section 2. Information System.

(1) A jail shall maintain cumulative records on the types and hours of training completed annually by jail personnel. The records shall be maintained in a manner so that all of the records for a specific jail employee may be readily retrieved and shall be entered into the department training records management system.

(a) If the training is conducted by the department, the department shall enter and maintain records of the training for the jail personnel in the department's training records management system.

(b) If training is conducted by someone other than the Department, jail personnel who have been trained to enter information into the Department training records management system shall enter the training information. Training information shall be entered within ten (10) days of the training being completed. A jail employee shall have access to his individual record.

(2) Training records within the Division of Corrections Training (DCT) Learning Management System shall serve as proof of attendance and successful completion of department training to the governing authority for its employees.

Section 3. Jailer Training.

(1) Pursuant to KRS 441.115, training shall be offered to newly elected jailers. The training may be coordinated and conducted with the Kentucky Jailers Association (KJA). A jailer or jail administrator appointed to complete the term of office of an elected jailer who is unable to complete his term or appointed after new jailer training has occurred shall be offered training prior to assuming his duties.

(2) In order to qualify for the training expense allowance pursuant to KRS 441.115, for his first year, the jailer shall successfully complete a minimum of forty (40) hours training provided or approved by the department.

(3) In order to qualify for the training expense allowance pursuant to KRS 441.115 after his first year, the jailer shall complete a minimum of forty (40) hours annual in-service training provided or approved by the department.

Section 4. Curriculum.

(1) Jail personnel shall receive a minimum of twenty-four (24) hours annual in-service training.

(2) The training shall include:

(a) A minimum of four (4) hours of mental health training within the first year of service, and one (1) hour of additional mental health training each year thereafter. The initial four (4) hours of mental health training should be conducted by the service provider of mental health triage or mental health services to the jail, if possible;

(b) Medical awareness training for jail personnel within the first thirty (30) days of employment; and

(3) All Jail personnel or health services staff who administer medications to prisoners shall be trained in the proper procedures as outlined in the jail's policy and procedures manual.

(4) Jail personnel who are assigned to duties within a direct supervision area or facility shall receive forty (40) hours of pre-service training related to direct supervision. The training shall be approved by the department.

Section 5. First Aid and CPR.

(1) Jail personnel shall have current training in standard first aid equivalent to that provided by the American Red Cross, American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive training within their first year of employment.

(2) Jail personnel shall be certified to perform CPR (Cardiopulmonary Resuscitation), equivalent to that provided by the American Red Cross, American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive certification within their first year of employment.

History

RELATES TO: KRS 441.045, 441.055, 441.115
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners and KRS 441.115 sets requirements to obtain training allowances. This administrative regulation establishes training requirements for jail personnel in full-service jails.
History: 38 Ky.R. 582; eff. 10-7-2011; n42 Ky.R. 1956; 2346; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 3:170 Classifications {#sec-501-kar-3-170 omnilex-key=us-ky-regs-official--title-501--501 KAR 3:170}

Section 1. Jail Categories.

(1) Category I – Jails with one (1) to 100 beds shall be classified as a Category I jail.

(2) Category II – Jails with 101 beds to 250 beds shall be classified as a Category II jail.

(3) Category III – Jails with 251 beds to 500 beds shall be classified as a Category III jail.

(4) Category IV – Jails with 501 beds to 999 beds shall be classified as a Category IV jail.

(5) Category V – Jails with 1,000 beds or more shall be classified as a Category V jail.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes jail categories defined by the maximum bed capacity of full-service jails.
History: 38 Ky.R. 583; eff. 10-7-2011; 48 Ky.R. 938; eff. 3-1-2022.

Chapter 6 Office of the Secretary

501 KAR 6:030 Kentucky State Reformatory {#sec-501-kar-6-030 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:030}

Section 1. Incorporation by Reference.

(1) "Kentucky State Reformatory policies and procedures", March 7, 2022, are incorporated by reference. Kentucky State Reformatory policies and procedures include:

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Justice and Public Safety Cabinet, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site at https://corrections.ky.gov/About /Pages/lrcfilings.aspx.

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Kentucky State Reformatory.
History: 12 Ky.R. 1797; eff. 6-10-1986; Am. 1845; eff. 7-2-1986; 13 Ky.R. 53; eff. 8-12-1986; 281; eff. 10-2-1986; 525; eff. 10-2-1986; 737; eff. 11-11-1986; 935; eff. 12-2-1986; 1246; eff. 2-10-1987; 1641; eff. 4-14-1987; 1715; eff. 5-14-1987; 1897; eff. 6-9-1987; 2041; eff. 7-2-1987; 14 Ky.R. 47; eff. 8-5-1987; 236; eff. 9-10-1987; 605; eff. 11-6-1987; 905; eff. 12-11-1987; 1083; eff. 1-4-1988; 1511; eff. 2-8-1988; 1638; eff. 3-10-1988; 1852; 4-14-1988; 1951; eff. 5-9-1988; 2054; eff. 7-1-988; 2195; eff. 8-5-1988; 15 Ky.R. 518; eff. 9-13-1988; 1147; eff. 12-2-1988; 1489; eff. 2-3-1989; 1689; 2019; eff. 3-21-1989; 1901; eff. 3-21-1989; 2107; eff. 5-11-1989; 2166; eff. 6-2-1989; 2261; eff. 7-7-1989; 2428; eff. 7-25-1989; 16 Ky.R. 49; eff. 9-2-1989; 184; eff. 9-19-1989; 437; eff. 10-17-1989; 646; eff. 12-6-1989; 852; eff. 1-12-1990; 1406; eff. 3-8-1990; 1965; 5-13-1990; 2706; eff. 8-9-1990; 17 Ky.R. 103; eff. 9-13-1990; 1536; eff. 12-9-1990; 1809; eff. 1-6-1991; 2223; eff. 3-13-1991; 3499; eff. 8-2-1991; 18 Ky.R. 455; eff. 10-6-1991; 1929; eff. 2-7-1992; 2688; eff. 4-3-1992; 3022; eff. 6-7-1992; 3222; eff. 7-4-1992; 19 Ky.R. 202; eff. 9-10-1992; 498; eff. 10-8-1992; 983; eff. 12-9-1992; 1125; eff. 1-4-1993; 1649; eff. 3-12-1993; 1871; eff. 4-7-1993; 2093; eff. 5-10-1993; 2300; eff. 6-7-1993; 2486; eff. 7-12-1993; 2679; eff. 8-6-1993; 20 Ky.R. 141; eff. 9-3-1993; 392; eff. 10-13-1993; 624; eff. 11-8-1993; 837; eff. 12-6-1993; 1372; eff. 1-10-1994; 1676; eff. 2-10-1994; 2358; eff. 4-11-1994; 2669; 2886; eff. 6-2-1994; 3095; eff. 7-7-1994; 3303; eff. 8-4-1994; 1187; eff. 12-12-1994; 1369; eff. 1-9-1995; 22 Ky.R. 943; eff. 1-8-1996; 1884; eff. 6-6-1996; 24 Ky.R. 1364; eff. 3-16-1998; 26 Ky.R. 170; eff. 9-16-1999; 882; eff. 12-16-1999; 1445; eff. 3-10-2000; 1853; eff. 6-12-2000; 27 Ky.R. 218; eff. 9-11-2000; 28 Ky.R. 1187; 1619; eff. 1-14-2002; 29 Ky.R. 800; eff. 11-12-2002; 32 Ky.R. 948; 1238; eff. 2-3-2006; 33 Ky.R. 4243; 34 Ky.R. 240; eff. 8-31-2007; 42 Ky.R. 2258, 2594, 2733; eff. 6-3-2016; 43 Ky.R. 1448; 1947; eff. 6-2-2017; 44 Ky.R. 2269, 2511; eff. 8-6-2018; 48 Ky.R. 2118, 2592; eff. 7-5-2022.

501 KAR 6:040 Kentucky State Penitentiary policies and procedures {#sec-501-kar-6-040 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:040}

Section 1. Incorporation by Reference.

(1) Kentucky State Penitentiary policies and procedures, March 7, 2023, are incorporated by reference. Kentucky State Penitentiary policies and procedures include:

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Justice and Public Safety Cabinet, Department of Corrections, 275 E. Main Street, P.O. Box 2400, Frankfort, Kentucky 40602-2400, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site at https://corrections.ky.gov/About/Pages/lrcfilings.aspx.

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Kentucky State Penitentiary.
History: 12 Ky.R. 1799; eff. 6-10-1986; Am. 1847; eff. 7-2-1986; 13 Ky.R. 55; eff. 8-12-1986; 283; eff. 9-4-1986; 527; eff. 10-2-1986; 739; eff. 11-11-1986; 1100; eff. 1-13-1987; 1248; eff. 2-10-1987; 1457; 3-6-1987; 1643; eff. 4-14-1987; 1717; eff. 5-14-1987; 2045; eff. 7-21987; 14 Ky.R. 48; eff. 8-5-1987; 238; eff. 9-10-1987; 478; eff. 10-2-1987; 907; eff. 12-11-1987; 1085; eff. 1-4-1988; 1639; eff. 3-10-41988; 1854; eff. 4-14-1988; 1953; eff. 5-9-1988; 2056; eff. 7-1-1988; 2197; eff. 8-5-1988; 15 Ky.R. 36; eff. 8-17-1988; 1290; eff. 1-7-1989; 1491; eff. 2-3-1989; 1691; eff. 3-21-1989; 1903; 2108; eff. 5-11-1989; 2167; eff. 6-2-1989; 2228; eff. 3-21-1989; 2263; eff. 7-7-1989; 2430; eff. 7-25-1989; 16 Ky.R. 50; eff. 9-2-1989; 648; eff. 12-6-1989; 1408; eff. 3-8-1990; 1967; eff. 5-13-1990; 2456; eff. 7-12-1990; 17 Ky.R. 412; eff. 10-14-1990; 1538; eff. 12-9-1990; 3501; eff. 8-2-1991; 18 Ky.R. 797; eff. 11-8-1991; 2884; eff. 5-1-1992; 3514; eff. 8-1-1992; 19 Ky.R. 500; eff. 10-8-1992; 792; eff. 11-9-1992; 2095; eff. 5-10-1993; 2301; eff. 6-7-1993; 2488; eff. 7-12-1993; 20 Ky.R. 839; eff. 12-6-1993; 1677; eff. 2-10-1994; 2888; eff. 6-2-1994; 21 Ky.R. 97; eff. 9-12-1994; 1567; eff. 2-10-1995; 2173; eff. 5-4-1995; 22 Ky.R. 945; eff. 1-8-1996; 1099; eff. 2-12-1996; 1495; eff. 4-5-1996; 1886; eff. 6-6-1996; 23 Ky.R. 2252; eff. 1-9-1997; 2618; 3-12-1997; 4208; 24 Ky.R. 339; eff. 8-11-1997; 935; eff. 12-15-1997; 1366; eff. 3-16-1998; 25 Ky.R. 125; eff. 10-12-1998; 2669; eff. 7-14-1999; 26 Ky.R. 884; eff. 12-16-1999; 27 Ky.R. 591; eff. 10-16-2000; 28 Ky.R. 1685; 2026; eff. 3-18-2002; 2438; eff. 7-15-2002; 29 Ky.R. 1328; eff. 1-16-2003; 2150; 2461; eff. 4-11-2003; 2983; 30 Ky.R. 283; eff. 8-13-2003; 2225; 2456; eff. 7-2-2004; 32 Ky.R. 728; 1087; eff. 1-6-2006; 33 Ky.R. 1433; 1801; eff. 2-2-2007; 39 Ky.R. 1316; 1692; eff. 3-8-2013; 43 Ky.R. 1889, 2134; eff. 7-7-2017; 49 Ky.R. 133, 1805, 1923; eff. 7-5-2023.

501 KAR 6:050 Luther Luckett Correctional Complex {#sec-501-kar-6-050 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:050}

Section 1. Incorporation by Reference.

(1) "Luther Luckett Correctional Complex policies and procedures", January 10, 2023, are incorporated by reference. Luther Luckett Correctional Complex Policies and Procedures include:

History

RELATES TO: KRS 72.020, 72.025(5), Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Luther Luckett Correctional Complex.
History: 12 Ky.R. 1801; eff. 6-10-1986; Am. 1848; eff. 7-2-1986; 13 Ky.R. 56; 741; eff. 11-11-1986; 1459; eff. 3-6-1987; 1645; eff. 4-14-1987; 1719; eff. 5-14-1987; 1899; eff. 6-9-1987; 14 Ky.R. 480; eff. 10-2-1987; 908; eff. 12-11-1987; 1513; eff. 2-8-1988; 1855; eff. 4-14-1988; 15 Ky.R. 520; eff. 9-13-1988; 1904; eff. 3-21-1989; 2431; eff. 7-25-1989; 16 Ky.R. 186; eff. 9-19-1989; 1238; eff. 2-3-1990; 1968; eff. 5-13-1990; 18 Ky.R. 152; eff. 9-6-1991; 1403; eff. 1-10-1992; 3224; eff. 7-4-1992; 3515; eff. 8-1-1992; 19 Ky.R. 1873; eff. 4-7-1993; 2681; eff. 8-6-1993; 20 Ky.R. 626; eff. 11-8-1993; 1374; eff. 1-10-1994; 2140; eff. 3-14-1994; 2360; eff. 4-11-1994; 3097; eff. 7-7-1994; 21 Ky.R. 98; eff. 9-12-1994; 546; eff. 10-10-1994; 2519; eff. 6-1-1995; 22 Ky.R. 785; eff. 12-7-1995; 23 Ky.R. 1677; eff. 12-11-1996; 24 Ky.R. 156; eff. 9-15-1997; 26 Ky.R. 1199; eff. 2-14-2000; 27 Ky.R. 1062; 1453; eff. 12-21-2000; 28 Ky.R. 2439; eff. 7-15-2002; 29 Ky.R. 1329; 1772; eff. 1-16-2003; 2765; 30 Ky.R. 26; eff. 7-17-2003; 34 Ky.R. 127; eff. 10-5-2007; 38 Ky.R. 2011; 39 Ky.R. 209; eff. 8-31-2012; 40 Ky.R. 658; 1253; eff. 1-3-2014; 41 Ky.R. 862; 1336; eff. 1-5-2015; 42 Ky.R. 907; 1559; 1730; eff. 1-4-2016; 49 Ky.R. 899, 1455, 1621; eff. 5-2-2023.

501 KAR 6:060 Northpoint Training Center {#sec-501-kar-6-060 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:060}

Section 1. Incorporation by Reference.

(1) "Northpoint Training Center Policies and Procedures", October 8, 2019, are incorporated by reference. Northpoint Training Center policies and procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Northpoint Training Center.
History: 22 Ky.R. 443; Am. 953; eff. 11-6-1995; 953; eff. 1-8-1996; 1891; 2292; eff. 6-6-1996; 23 Ky.R. 1008; 1586; eff. 9-17-1996; 2255; eff. 2-10-1997; 3894; eff. 7-17-1997; 24 Ky.R. 1136; 1506; eff. 1-12-1998; 1372; eff. 3-16-1998; 25 Ky.R. 1950; eff. 4-14-1999; 26 Ky.R. 887; eff. 12-16-1999; 1201; eff. 2-14-2000; 1588; eff. 4-12-2000; 27 Ky.R. 836; eff. 1-15-2001; 2572; eff. 5-14-2001; 28 Ky.R. 2724; 29 Ky.R. 437; eff. 8-12-2002; 32 Ky.R. 734; 1091; eff. 1-6-2006; 34 Ky.R. 1541; 1968; eff. 3-7-2008; 38 Ky.R. 310; 757; eff. 11-4-2011; 41 Ky.R. 324; 1054; eff. 12-5-2014; TAm 4-21-2015; 42 Ky.R. 1612; 2105; eff. 2-5-2016; TAm 8-18-2016; 43 Ky.R. 1669; 1948; eff. 6-2-2017; 46 Ky.R. 655, 1413; eff. 12-6-2019.

501 KAR 6:070 Kentucky Correctional Institution for Women {#sec-501-kar-6-070 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:070}

Section 1. Incorporation by Reference.

(1) "Kentucky Correctional Institution for Women Policies and Procedures", April 13, 2021, are incorporated by reference. Kentucky Correctional Institution for Women Policies and Procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards by the American Correctional Association. This administrative regulation establishes the policies and procedures for the Kentucky Correctional Institution for Women.
History: 12 Ky.R. 1803; eff. 6-10-1986; Am. 13 Ky.R. 58; eff. 8-12-1986; 286; eff. 9-4-1986; 1462; eff. 3-6-1987; 1902; eff. 6-9-1987; 14 Ky.R. 1515; eff. 2-8-1988; 1643; eff. 3-10-1988; 2059; 15 Ky.R. 14; eff. 7-1-1988; 14 Ky.R. 2198; eff. 8-5-1988; 15 Ky.R. 39; eff. 8-17-1988; 15 Ky.R. 523; eff. 9-13-1988; 1493; 1796; eff. 2-3-1989; 2111; eff. 5-11-1989; 16 Ky.R. 1971; eff. 5-31-1990; 2457; eff. 7-12-1990; 17 Ky.R. 1811; eff. 1-6-1991; 3017; 6-7-1991; 3504; eff. 8-2-1991; 18 Ky.R. 153; eff. 9-6-1991; 457; 1006; eff. 10-6-1991; 3226; eff. 7-4-1992; 19 Ky.R. 502; eff. 10-8-1992; 986; eff. 12-9-1992; 1407; eff. 2-8-1993; 2489; eff. 7-12-1993; 20 Ky.R. 3099; eff. 7-7-1994; 21 Ky.R. 99; eff. 9-12-1994; 1779; eff. 3-6-1995; 25 Ky.R. 2950; eff. 8-16-1999; 26 Ky.R. 2027; eff. 7-17-2000; 27 Ky.R. 1066; 1800; eff. 1-15-2001; 29 Ky.R. 2526; 30 Ky.R. 29; eff. 7-17-2003; 32 Ky.R. 534; 868; eff. 12-2-2005; 33 Ky.R. 4245; 34 Ky.R. 242; eff. 8-31-2007; 2227; 2396; eff. 6-6-2008; 39 Ky.R. 1949; 2316; 7-5-2013; 40 Ky.R. 1433; eff. 4-4-2014; 41 Ky.R. 1889; 2090; eff. 5-1-2015; 44 Ky.R. 2635; 45 Ky.R. 342; eff. 8-31-2018; 47 Ky.R. 1620, 2368; eff. 8-3-2021.

501 KAR 6:080 Department of Corrections manuals {#sec-501-kar-6-080 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:080}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Manuals," are incorporated by reference. Department of Corrections Manuals includes:

(a) Classification Manual (Amended 2/12/21); and

(b) Kentucky Department of Corrections Religion Reference Manual (Amended 12/13/22).

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.065, 197.110, 439.470, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. This administrative regulation incorporates by reference the manuals that are referenced in policies and procedures for the Department of Corrections.
History: 12 Ky.R. 1805; eff. 6-10-1986; Am. 1851; eff. 7-2-1986; 13 Ky.R. 59; eff. 8-12-1986; 287; eff. 9-419-86; 1251; eff. 2-10-1987; 14 Ky.R. 52; eff. 8-5-1987; 1858; eff. 4-14-1988; 15 Ky.R. 41; eff. 8-17-1988; 2265; eff. 7-7-1989; 17 Ky.R. 415; eff. 10-14-1990; 3018; eff. 6-7-1991; 18 Ky.R. 154; eff. 9-6-1991; 19 Ky.R. 2682; eff. 8-6-1993; 20 Ky.R. 2141; eff. 3-14-1994; 21 Ky.R. 100; eff. 9-12-1994; 22 Ky.R. 344; eff. 10-13-1995; 24 Ky.R. 2152; eff. 7-13-1998; 26 Ky.R. 1856; eff. 6-12-2000; 28 Ky.R. 2441; eff. 7-15-2002; 33 Ky.R. 1692; eff. 3-9-2007; 34 Ky.R. 2041; 2284; eff. 5-2-2008; 47 Ky.R. 1255, 1748; eff. 7-6-2021; 49 Ky.R. 902, 1422; eff. 4-4-2023.

501 KAR 6:110 Roederer Correctional Complex {#sec-501-kar-6-110 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:110}

Section 1. Incorporation by Reference.

(1) "Roederer Correctional Complex policies and procedures", September 16, 2019, are incorporated by reference. Roederer Correctional Complex policies and procedures include: RCC 01-08-01Public Information and News Media Access (Amended 05/15/12) RCC 02-02-02Inmate Personal Funds (Amended 6/28/17) RCC 02-02-05Inmate Canteen Services (Amended 6/28/17) RCC 05-02-01Consultants, Research, and Student Interns (Added 5/15/12) RCC 06-03-01Records Release of Information (Amended 05/15/12) RCC 08-01-01Fire Prevention (Amended 7/26/13) RCC 09-08-01Operation of a Licensed Vehicle by an Inmate (Added 6/14/19) RCC 09-10-01Fishing at Roederer Correctional Complex Lakes (Amended 6/14/19) RCC 09-29-01Tobacco and Smoke Free Environment (Amended 6/14/19) RCC 09-31-01Firewood Cutting and Firewood Sales (Amended 6/14/19) RCC 10-01-02Temporary Holding Cell (Amended 6/28/17) RCC 11-01-01Food Service (Amended 6/14/19) RCC 11-04-01Food Service: Meals, Storage, Menu Nutrition and Alternative Items (Amended 6/14/16) RCC 11-05-02Sanitation and Health Requirements of Food Handlers (Amended 6/28/17) RCC 12-01-01Sanitation, Living Conditions and Clothing Issuance (Amended 6/28/17) RCC 12-01-02Bed Areas (Amended 6/14/19) RCC 12-02-01Laundry Services (Amended 6/14/16) RCC 12-03-01Personal Hygiene Items: Issuance and Replacement Schedule (Amended 6/28/17) RCC 12-03-02Barber Shop Services and Equipment Control (Amended 6/14/19)) RCC 12-07-01Treatment of Inmates with Body Lice (Added 05/15/12) RCC 13-02-01Health Maintenance Services: Sick Call and Pill Call (Amended 10/10/17) RCC 13-03-01Dental Procedures and Sick Call (Amended 6/28/17) RCC 13-04-01Preliminary Health Evaluation and Establishment of Inmate Medical Records (Amended 05/15/12) RCC 13-06-03Emergency Medical and Dental Care Services (Amended 6/14/19) RCC 13-07-03Use of Pharmaceutical Products (Amended 10/10/17) RCC 13-07-04Self-Administered Medication Program (Amended 9/16/19) RCC 13-09-01Notification Due to Serious Illness, Surgery, or Death (Amended 6/28/17) RCC 13-10-01Health Education and Special Health Programs (Amended 6/14/19)) RCC 13-11-01Informed Consent (Amended 05/15/12) RCC 13-13-01Identification and Transfer Procedures for Inmates with Psychological, Psychiatric, or Severe Medical Disabilities (Amended 8/15/19) RCC 13-16-01Specialized Health Services (Amended 6/14/19) RCC 13-18-01Infection Control (Amended 05/15/12) RCC 13-19-01Medical Waste Management (Amended 05/15/12) RCC 13-20-01Medical Services Co-pay (Amended 8/15/19) RCC 13-21-01Mental Health Services (Amended 6/14/16) RCC 13-24-01Substance Abuse and Chemical Dependency Program (Amended 6/28/17) RCC 14-01-01Inmate Rights and Responsibilities (Amended 6/14/16) RCC 14-02-01Legal Services Program (Amended 6/14/19) RCC 14-03-01Marriage of Inmates (Amended 05/15/12) RCC 14-04-01Lesbian, Gay, Bi-Sexual, Transgender and Intersex (LGBTI) (Added 6/14/19) RCC 14-05-01Americans with Disabilities Act and Inmate Program Access (Amended 8/15/19) RCC 15-01-01Inmate Rules for Housing Units (Added 6/14/19) RCC 16-01-01Inmate Visiting (Amended 9/16/19) RCC 16-01-02Restricted Visitation (Amended 8/4/16) RCC 16-02-01Telephone Communications (Amended 6/14/19) RCC 16-03-01Mail Regulations (Amended 10/10/17) RCC 16-04-01Parole Hearings: Media and Visitors (Amended 6/28/17) RCC 17-01-01Assessment and Orientation Procedure for Intra-system Transfers (Amended 6/14/16) RCC 17-01-02Identification Department Admission and Discharge Procedures (Amended 6/14/19) RCC 17-05-05 Assessment Center Operations and Reception Program (Amended 6/14/19) RCC 18-01-01Classification (Amended 9/16/19) RCC 19-01-01Job and Program Assignments (Amended 9/16/19) RCC 19-01-02Honor Program (Added 9/16/19 RCC 19-01-04Dog Program (Added 9/16/19 RCC 20-01-01Education Program (Amended 6/14/19) RCC 20-01-03Vocational Horticulture Program (Amended 6/14/16) RCC 21-01-01Library Services (Amended 6/14/16) RCC 22-01-01Recreation and Inmate Activities (Amended 6/14/19) RCC 22-03-01Inmate Clubs and Organizations (Amended 6/14/19) RCC 22-04-01Arts and Crafts Program (Amended 6/14/19) RCC 23-01-01Religious Services (Amended 6/14/19) RCC 24-01-01Social Services and Counseling (Amended 9/16/19) RCC 25-01-01Furloughs (Amended 05/15/12) RCC 25-05-01Inmate Discharge Procedure (Amended 6/28/17) RCC 26-01-01Citizens Involvement and Volunteer Services Program (Amended 6/14/19)

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Roederer Correctional Complex.
History: 13 Ky.R. 101; eff. 8-12-1986; Am. 531; eff. 10-2-1986; 1105; eff. 1-13-1987; 1464; eff. 3-6-1987; 1905; eff. 6-9-1987; 14 Ky.R. 1957; eff. 5-9-1988; 15 Ky.R.525; 952; eff. 9-13-1988; 1909; eff. 3-21-1989; 16 Ky.R. 1974; eff. 6-10-1990; 2709; eff. 8-9-1990; 19 Ky.R. 205; eff. 9-10-1992; 1874; eff. 4-7-1993; 2305; eff. 7-12-1993; 1377; eff. 1-10-1994; 21 Ky.R. 1942; eff. 4-6-1995; 22 Ky.R. 948; eff. 1-8-1996; 1104; eff. 2-12-1996; 24 Ky.R. 306; eff. 9-16-1997; 1368; 1875; eff. 3-16-1998; 25 Ky.R. 126; eff. 10-12-1998; 2438; eff. 6-16-1999; 26 Ky.R. 172; eff. 9-16-1999; 28 Ky.R. 688; eff. 11-12-2001; 1914; 2201; eff. 4-15-2002; 29 Ky.R. 1331, eff. 1-16-2003; 2529, 2881; eff. 6-16-2003; 31 Ky.R. 1566; 1801; eff. 5-26-2005; 38 Ky.R. 2013; eff. 8-31-2012; 40 Ky.R. 660; eff. 12-6-2013; 40 Ky.R. 2819; 41 Ky.R. 263; eff. 9-5-2014; 43 Ky.AR. 99, 402; eff. 10-7-2016.; 44 Ky.R. 332, 924; eff. 12-1-2017; 46 Ky.R. 234, 969, 1119; eff. 11-1-2019.

501 KAR 6:120 Blackburn Correctional Complex {#sec-501-kar-6-120 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:120}

Section 1. Incorporation by Reference.

(1) "Blackburn Correctional Complex Policies and Procedures," October 13, 2020, are incorporated by reference. Blackburn Correctional Complex Policies and Procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards by the American Correctional Association. This administrative regulation establishes the policies and procedures for the Blackburn Correctional Complex.
History: 13 Ky.R. 814; eff. 11-11-1986; Am. 939; eff. 12-2-1986; 1107; eff. 1-13-1987; 1466; eff. 3-6-1987; 1649; eff. 4-14-1987; 1723; eff. 5-14-1987; 1907; eff. 6-9-1987; 2046; eff. 7-2-87; 14 Ky.R. 52; eff. 8-5-1987; 911; eff. 12-11-1987; 1088; eff. 1-4-1988; 1859; eff. 4-14-1988; 1958; eff. 5-9-1988; 2200; eff. 8-5-1988; 15 Ky.R. 527; eff. 9-13-1988; 1496; eff. 2-3-1989; 1692; eff. 3-21-1989; 1911; eff. 3-21-1989; 2113; 2230; eff. 5-11-1989; 2267; eff. 7-7-1989; 2432; eff. 7-25-1989; 2267; eff. 7-7-1989; 2432; eff. 7-26-1989; 16 Ky.R. 439; eff. 10-17-1989; 854; eff. 1-12-1990; 1976; eff. 5-13-1990; 17 Ky.R. 417; eff. 10-14-1990; 19 Ky.R. 987; eff. 12-9-1992; 1127; eff. 1-4-1993; 20 Ky.R. 1378; eff. 1-10-1994; 3101; eff. 7-7-1994; 3305; eff. 8-4-1994; 21 Ky.R. 1371; eff. 1-9-1995; 2785; 22 Ky.R. 42; eff. 7-6-1995; 950; eff. 1-8-1996; 1105; eff. 2-12-1996; 1889; eff. 6-6-1996; 23 Ky.R. 3611; 4212; 8-11-1997; 1370; 1876; eff. 3-16-1998; 1929; eff. 5-18-1998; 25 Ky.R. 2672; eff. 7-14-1999; 27 Ky.R. 220; eff. 9-11-2000; 1067; 1455; eff. 12-21-2000; 28 Ky.R. 1686; 2026; eff. 3-18-2002; 29 Ky.R. 174; 703; eff. 9-16-2002; 1333; 1774; eff. 1-16-2003; 34 Ky.R. 2345, eff. 7-7-2008; 46 Ky.R. 3009; 47 Ky.R. 737, 952; eff. 2-2-2021.

501 KAR 6:130 Western Kentucky Correctional Complex {#sec-501-kar-6-130 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:130}

Section 1. Incorporation by Reference.

(1) "Western Kentucky Correctional Complex Policies and Procedures," December 13, 2022, are incorporated by reference. Western Kentucky Correctional Complex policies and procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.590 and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Western Kentucky Correctional Complex.
History: 13 Ky.R. 1964; eff. 6-9-1987; Am. 14 Ky.R. 54; eff. 8-5-1987; 241; eff. 9-10-1987; 483; eff. 10-2-1987; 1091; eff. 1-4-1988; 1644; eff. 3-10-1988; 1861; 4-14-1988; 1961; eff. 5-9-1988; 15 Ky.R. 41; eff. 8-17-1988; 529; eff. 9-13-1988; 1151; eff. 12-2-1988; 1293; eff. 1-7-1989; 1694; eff. 3-21-1989; 1914; eff. 3-21-1989; 2115; eff. 5-11-1989; 2169; eff. 6-2-1989; 2434; eff. 7-25-1989; 16 Ky.R. 189; eff. 9-19-1989; 1978; eff. 5-13-1990; 2712; eff. 8-9-1990; 2226; 2832; eff. 5-3-1991; 18 Ky.R. 798; eff. 11-8-1991; 1404; eff. 1-10-1992; 19 Ky.R. 207; eff. 9-10-1992; 1129; eff. 1-4-1993; 1407; eff. 2-8-1993; 2098; eff. 5-10-1993; 2307; eff. 6-7-1993; 20 Ky.R. 143; eff. 9-3-93; 628; eff. 11-8-1993; 1380; eff. 1-10-1994; 2889; eff. 6-2-1994; 21 Ky.R. 547; eff. 10-10-1994; 1568; eff. 2-10-1995; 2520; eff. 6-1-1995; 3069; eff. 8-10-1995; 22 Ky.R. 619; eff. 11-6-1995; 952; eff. 1-8-1996; 1107; eff. 2-12-96; 1714; eff. 5-16-1996; 23 Ky.R. 1007; 1941; eff. 10-14-1997; 1678; eff. 11-14-1997; 26 Ky.R. 1031; eff. 1-18-2000; 1447; eff. 4-12-2000; 28 Ky.R. 1189; 1622; eff. 1-14-2002; 2245; 2571; eff. 6-14-2002; 29 Ky.R. 1335; 2155; eff. 1-16-2003; 2155; 2464; eff. 4-11-03; 32 Ky.R. 952; 1240; eff. 2-3-2006; 33 Ky.R. 1528; eff. 1-5-2007; 34 Ky.R. 2230; 2398; eff. 6-6-2008; 39 Ky.R. 144; 476; eff. 10-5-2012; 40 Ky.R. 1888; 2297; eff. 5-2-2014; 49 Ky.R. 903, 1422; eff. 4-4-2023.

501 KAR 6:140 Bell County Forestry Camp {#sec-501-kar-6-140 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:140}

Section 1. Incorporation by Reference.

(1) "Bell County Forestry Camp Policies and Procedures," October 8, 2019, are incorporated by reference. Bell County Forestry Camp Policies and Procedures include: BCFC 01-08-01Public Information and News Media Access (Amended 5/15/08) BCFC 02-01-01Inmate Canteen (Amended 5/15/08) BCFC 03-01-01General Rules for Staff (Added 7/12/19) BCFC 06-01-01Offender Records (Amended 8/14/12) BCFC 06-02-01Storage of Expunged Records (Amended 10/15/01) BCFC 07-02-01Preventative Maintenance Plan (Amended 6/15/12) BCFC 07-05-01Permit Required Confined Space (Amended 8/14/12) BCFC 08-03-01Fire Procedures (Amended 5/15/08) BCFC 08-09-01Guidelines for the Control and Use of Flammable, Toxic, and Caustic Substances (Amended 10/15/01) BCFC 09-05-01Entry and Exit onto Institutional Grounds (Amended 5/12/17) BCFC 09-06-01Search Policy and Disposition of Contraband (Amended 5/12/17) BCFC 09-08-02Breathalyzer Testing (Amended 5/12/17) BCFC 09-09-01Operation of Licensed Vehicles by Inmates (Amended 5/15/08) BCFC 09-14-01Bell County Forestry Camp Restricted Areas (Amended 8/14/12) BCFC 09-27-01Procedures for Prohibiting Inmate Authority Over Other Inmates (Amended 5/15/08) BCFC 09-28-01Canine Unit (Amended 5/12/17) BCFC 10-01-01Temporary Holding Area (Amended 7/11/17) BCFC 11-01-01Food Services: General Guidelines (Amended 6/15/12) BCFC 11-02-01Food Service Security (Amended 6/15/12) BCFC 11-03-01Dining Room Guidelines (Amended 8/14/12) BCFC 11-04-01Food Service: Meals (Amended 6/15/12) BCFC 11-04-02Food Service: Menu, Nutrition and Special Diets (Amended 6/15/12) BCFC 11-05-01Food Service: Kitchen and Dining Room Inmate Work Responsibilities (Amended 6/15/12) BCFC 11-05-02Health Requirements of Food Handlers (Amended 8/14/12) BCFC 11-06-01Food Service: Inspection and Sanitation (Amended 6/15/12) BCFC 11-07-01Food Service: Purchasing, Storage and Farm Products (Amended 8/14/12) BCFC 12-01-01Sanitation, Living Condition Standards, and Clothing Issues (Amended 5/15/08) BCFC 12-01-02Bed Areas and Bed Assignments (Amended 5/15/08) BCFC 12-02-01Issuance of Clean Laundry and Receiving of Dirty Laundry (Amended 5/15/08) BCFC 12-03-01Personal Hygiene Items: Issuance and Placement Schedule (Amended 5/15/08) BCFC 12-03-02Barber Shop Services and Equipment Control (Amended 5/15/08) BCFC 12-07-01BCFC Recycling Project (Amended 10/15/01) BCFC 13-01-01Medical Services (Amended 5/12/17) BCFC 13-02-01Sick Call and Physician's Weekly Clinic (Amended 5/12/17) BCFC 13-03-01Dental Services (Amended 5/12/17) BCFC 13-04-01Inmate Medical Screenings and Health Evaluations (Amended 5/12/17) BCFC 13-05-01Emergency Medical Care (Amended 5/12/17) BCFC 13-06-01Consultations (Amended 5/12/17) BCFC 13-07-01Health Records (Amended 6/15/12) BCFC 13-08-01Vision and Optometry Services (Amended 5/12/17) BCFC 13-09-01Family Notification: Serious Illness, Serious Physical Injury, or Death (Amended 5/15/08) BCFC 13-10-01Health Education: Special Health Care Needs (Amended 5/15/08) BCFC 13-11-01Informed Consent (Amended 5/15/08) BCFC 13-12-01Mental Health Care (Amended 5/12/17) BCFC 13-13-01Special Health Care Programs (Amended 6/15/12) BCFC 13-14-01Use of Pharmaceutical Products (Amended 8/14/12) BCFC 13-15-01Parenteral Administration of Medications and Use of Psychotropic Drugs (Amended 8/14/12) BCFC 13-16-01Elective Services (Amended 6/15/12) BCFC 13-18-01Serious and Infectious Diseases (Amended 5/12/17) BCFC 13-19-01Continuity of Health Care (Amended 5/15/08) BCFC 13-20-01Inmates Assigned to Health Services (Amended 5/15/08) BCFC 13-21-01Suicide Prevention and Intervention Program (Amended 5/15/08) BCFC 13-24-01Inmate Self-Administration of Medication (Amended 5/15/08) BCFC 13-25-01Syringes, Needles, and Sharps Control (Amended 5/15/08) BCFC 13-26-01Sexual Assault (Amended 5/15/08) BCFC 14-01-01Inmate Rights and Responsibilities (Amended 5/15/08) BCFC 16-01-01Inmate Visiting (Amended 10/8/19) BCFC 17-01-01BCFC Inmate Receiving and Orientation Process (Amended 5/15/08) BCFC 17-04-01BCFC Inmate Property Control (Amended 7/8/08) BCFC 17-05-01Inmate Canteen (Amended 5/15/08) BCFC 18-02-01Identification of Special Needs Inmates (Amended 6/15/12) BCFC 19-01-01Work Assignment (Amended 5/15/08) BCFC 19-02-01Governmental Services Program (Amended 5/15/08) BCFC 20-01-01Academic School (Amended 5/15/08) BCFC 21-01-01Library Services (Amended 5/15/08) BCFC 22-01-01Recreation and Inmate Activities (Amended 6/15/12) BCFC 22-02-01Inmate Clubs and Organizations (Amended 5/15/08) BCFC 23-01-01Religious Services (Amended 5/15/08) BCFC 24-01-01Social Services and Counseling Program (Amended 10/8/19) BCFC 24-01-02Casework Services (Amended 5/15/08) BCFC 25-01-01BCFC Prerelease Program (Amended 5/15/08) BCFC 25-02-01Community Center Program (Amended 7/8/08) BCFC 25-04-01Inmate Discharge Procedure (Amended 5/15/08) BCFC 26-01-01Citizen Involvement and Volunteer Services Program (Amended 5/15/08)

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590 and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Bell County Forestry Camp.
History: 14 Ky.R. 533; eff. 10-2-87; Am. 1092; eff. 1-4-1988; 1862; eff. 4-14-1988; 1962; eff. 5-9-1988; 15 Ky.R. 42; eff. 8-17-1988; 530; eff. 9-13-1988; 16 Ky.R. 1230; eff. 2-3-1990; 17 Ky.R. 3019; eff. 6-7-1991; 18 Ky.R. 155; 9-6-1991; 800; eff. 11-8-1991; 1197; eff. 12-8-1991; 19 Ky.R. 794; eff. 11-9-1992; 1408; eff. 2-8-1993; 2308; eff. 6-7-1993; 2683; eff. 8-6-1993; 20 Ky.R. 144; eff. 9-3-1993; 2890; eff. 6-2-1994; 3103; eff. 7-7-1994; 21 Ky.R. 102; eff. 9-12-1994; 1189; eff. 12-12-1994; 1944; eff. 4-6-1995; 2787; 22 Ky.R. 43; eff. 7-6-1995; 1108; eff. 2-12-1996; 25 Ky.R. 1948; eff. 4-14-1999; 2440; eff. 6-16-1999; 28 Ky.R. 1190; 1623; eff. 1-14-2002; 32 Ky.R. 730; 1088; eff. 1-6-2006; 34 Ky.R. 2586; 35 Ky.R. 280; eff. 9-5-2008; 39 Ky.R. 146; 477; eff. 10-5-2012; 43 Ky.R. 2212; 44 Ky.R. 220; eff. 9-1-2017; 46 Ky.R. 657, 1414; eff. 12-6-2019.

501 KAR 6:150 Eastern Kentucky Correctional Complex policies and procedures {#sec-501-kar-6-150 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:150}

Section 1. Incorporation by Reference.

(1) "Eastern Kentucky Correctional Complex Policies and Procedures", August 8, 2023, is incorporated by reference. Eastern Kentucky Correctional Complex Policies and Procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470(2), 439.590, 439.640(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470(2), 439.590, and 439.640(2) authorize the Justice Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any division therein. These policies and procedures are incorporated by reference to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Eastern Kentucky Correctional Complex.
History: 16 Ky.R. 1822; eff. 4-12-1990; Am. 1979; eff. 5-13-1990; 2713; eff. 8-9-1990; 17 Ky.R. 3021; eff. 6-7-1991; 18 Ky.R. 1405; eff. 1-10-1992; 1933; eff. 3-7-1992; 3024; eff. 6-7-1992; 20 Ky.R. 395; eff. 10-13-1993; 21 Ky.R. 104; eff. 9-12-1994; 2175; eff. 5-4-1995; 27 Ky.R. 2570; 3082; eff. 5-14-2001; 29 Ky.R. 176; 704; eff. 9-16-2002; 32 Ky.R. 732; 1090; eff. 1-6-2006; 43 Ky.R. 797, 1179; eff. 2-3-2017; 49 Ky.R. 1824, 50 Ky.R. 59, 659; eff. 12-5-2023.

501 KAR 6:160 Correctional Industries {#sec-501-kar-6-160 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:160}

Section 1. Incorporation by Reference.

(1) "Correctional Industries Policies and Procedures", August 9, 2019, are incorporated by reference. Correctional Industries Policies and Procedures include: CI 01-04-02Code of Ethics, Prohibited Employee Conduct (Added 3/10/08) CI 03-02-01Delivery of Goods and Services (Amended 3/10/08) CI 03-02-02Pickup of Reupholstery and Repair Items (Amended 3/10/08) CI 04-03-03Customer Orders (Amended 3/10/08) CI 04-03-04Sale of Industry Products to Private Individuals (Amended 1/15/08) CI 04-04-01Warranty of Products (Amended 3/10/08) CI 05-01-01Inmate Job Descriptions (Amended 3/10/08) CI 05-01-02Equal Opportunity Employment (Amended 3/10/08) CI 05-01-03Job Performance Evaluations (Amended 3/10/08) CI 05-01-04Inmate Compensation (Amended 3/10/08) CI 05-01-05Job Assignments (Amended 3/10/08) CI 05-02-01Inmate Orientation (Amended 3/10/08) CI 05-03-01Standards for Working in Correctional Industries Plants (Amended 6/14/16) CI 06-01-01Safety and Working Conditions (Amended 3/10/08) CI 06-02-01Key and Tool Control (Amended 3/10/08) CI 06-02-02Searches (Amended 3/10/08) CI 06-03-01Inmate Supervision (Amended 3/10/08) CI 07-02-01Quality Control (Amended 3/10/08) CI 07-03-01Data Entry Unit Procedures (Added 3/10/08) CI 08-01-01Inmate Compensation in Prison Industry Enhancement (PIE) Certification Program (Added 8/9/19) CI 08-02-01Voluntary Participation and Agreement with Wage Deductions (PIECP) (Added 8/9/19) CI 08-03-01Local Business and Local Labor Consultation to Prison Industry Enhancement Certification Programs (PIECP) (Added 8/9/19) CI 08-04-01Non-Inmate Worker Displacement in Prison Industry Enhancement (PIE) Programs (Added 8/9/19) CI 08-05-01Management of Prison Industries Enhancement Program (PIECP) (Added 6/14/19)

History

RELATES TO: KRS Chapters 196, 197, 439, 18 U.S.C. 1761, 64 Fed. Reg. 17000 April 7, 1999
STATUTORY AUTHORITY: KRS 196.035, 196.704, 197.020, 197.105, 197.200, 439.470, 439.590, 439.640, 18 U.S.C. 1761, 64 Fed. Reg. 17000 April 7, 1999
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for Correctional Industries. A chapter of the policies and procedures addresses the requirements for the Prison Industry Enhancement Certification Program for Kentucky.
History: 17 Ky.R. 1648; eff. 12-9-1990; 18 Ky.R. 1935; eff. 2-7-1992; 2690; eff. 4-3-1992; 19 Ky.R. 989; eff. 12-9-1992; 34 Ky.R. 2043; 2285 eff. 5-2-2008; 43 Ky.R. 101; eff. 10-7-2016; 46 Ky.R. 236, 912; eff, 10-4-2019.

501 KAR 6:170 Green River Correctional Complex {#sec-501-kar-6-170 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:170}

Section 1. Incorporation by Reference.

(1) "Green River Correctional Complex Policies and Procedures", March 14, 2018, is incorporated by reference. Green River Correctional Complex Policies and Procedures include:

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Office, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-8215, fax (502) 564-6686 Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Green River Correctional Complex.
History: 501 KAR 001:170. 22 Ky.R. 443; 953; eff. 11-6-1995; 953; eff. 1-8-1996; 1891; 2292; eff. 6-6-1996; 23 Ky.R. 1008; 1586; eff. 9-17-1996; 2255; eff. 2-10-1997; 3894; eff. 7-17-1997; 24 Ky.R. 1136; 1506; eff. 1-12-1998; 1372; eff. 3-16-1998; 25 Ky.R. 1950; eff. 4-14-1999; 26 Ky.R. 887; eff. 12-16-1999; 1201; eff. 2-14-2000; 1588; eff. 4-12-2000; 27 Ky.R. 836; eff. 1-15-2001; 2572; eff. 5-14-2001; 28 Ky.R. 2724; 29 Ky.R. 437; eff. 8-12-2002; 32 Ky.R. 734; 1091; eff. 1-6-2006; 34 Ky.R. 1543; 1969; eff. 3-7-2008; 40 Ky.R. 2221; 2432; eff. 6-6-2014; 42 Ky.R. 2632, 2890 eff. 7-1-2016; 43 Ky.R. 1450; eff. 5-5-2017; 44 Ky.R. 2270; eff. 7-6-2018; Crt to Am, filing deadline 12-27-2026.

501 KAR 6:190 Approval process for mental health professionals performing comprehensive sex offender presentence evaluations and treatment of sex offenders {#sec-501-kar-6-190 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:190}

Section 1. Definitions.

(1) "Approved provider" is defined by KRS 17.550(3).

(2) "Board" is defined by KRS 17.550(1).

(3) "Comprehensive sex offender presentence evaluation" means a comprehensive mental health evaluation by an approved provider that includes a focus on the clinical data necessary to address the factors listed in KRS 17.554(2).

(4) "Corrective action plan" means a plan submitted by the approved provider and accepted by the board or a plan imposed by the board that requires an approved provider to take specific steps to be in compliance with this administrative regulation.

(5) "Sex offender" is defined by KRS 17.550(2).

(6) "Victim" is defined by KRS 17.550(4).

Section 2. Qualifications of Approved Providers.

(1) To qualify as an approved provider, in addition to meeting the requirements of KRS 17.550(3), an applicant shall:

(a) Have completed forty (40) hours of specialty training provided or approved by the board under Section 7 of this administrative regulation including the following:

Characteristics and offense patterns of sex offenders;
Treatment modalities used with sex offenders;
Legal and ethical issues in the risk assessment of sex offenders;
Victim's issues, not to exceed two (2) hours of credit against the total requirement;
Issues related to the assessment of juvenile and female sex offenders; and
Use of the appropriate actuarial or evaluation instruments;

(b) Be in compliance with the ethical standards of professional practice as promulgated by the Kentucky licensing or certifying body under which the applicant has professional status; and

(c)

Have a minimum of:

a. Sixty (60) hours documented experience conducting sex offender evaluations or completion of a practicum as described in subsection (2) of this section; and

b. 190 hours documented clinical contact conducting sex offender treatment or completion of a practicum as described in subsection (2) of this section;

Complete a practicum as described in subsection (2) of this section ;
Have a current approval or certification as a sex offender treatment provider in another state and be in good standing with that credentialing authority; or
Have had an approval or certification as a sex offender treatment provider within the last five (5) years in Kentucky or another state and was in good standing with the credentialing authority during the period of approval or certification.

(2) Practicum requirements.

(a) To successfully complete the practicum, the practicum participant being supervised shall:

Have a minimum of 100 hours of face-to-face supervision by the practicum supervisor, which shall include:

a. Case discussion;

b. Review of reading assignments;

c. Skill building; and

(i) Supervised actual clinical practice; or

(ii) Review of audio or video recording of actual clinical practice;

Obtain a minimum of sixty (60) hours experience conducting sex offender evaluations;
Obtain a minimum of 190 hours of supervised clinical experience conducting sex offender treatment; and
Participate in the practicum for a minimum of eighteen (18) months.

(b) A practicum supervisor shall:

Have a minimum of 2,000 hours of experience conducting sex offender evaluations and clinical contact in sex offender treatment, including a minimum of:

a. 500 hours conducting sex offender evaluations; and

b. 1,500 hours of clinical contact in sex offender treatment;

Be an approved provider in good standing with the board;
Submit a written request to conduct a practicum for each participant and receive prior approval by the board to conduct the practicum by:

a. Email to SORAABoard@ky.gov; or

b. Mail to SOTP/SORAA Board, Kentucky State Reformatory, 3001 W. Highway 146, LaGrange, Kentucky 40032;

Directly observe the practicum participant's clinical practice in person or through video or audio recording;
Examine, approve, and sign all comprehensive sex offender presentence evaluations performed by the practicum participant;
Give written notice to the board if the practicum supervisor determines that the practicum participant's performance does not comply with the provisions of this administrative regulation, 501 KAR 6:200, or 6:220; and
Give written notice to the board if the practicum supervisor stops supervising the practicum prior to its completion.

Section 3. Duties.

(1) If an approved provider has provided treatment for a sex offender, the approved provider shall not perform a comprehensive sex offender presentence evaluation for the sex offender.

(2) An approved provider shall:

(a) Submit the first four (4) evaluations prepared after becoming an approved provider for review by the board;

(b) Comply with the ethical standards of professional practice as promulgated by the Kentucky licensing or certifying body under which the approved provider has professional status;

Mailing address that may be included on approved provider list sent to courts;
Mailing address to be used by board for contact with approved provider if different than address included on approved provider list sent to courts;
Phone number that may be included on approved provider list sent to courts; and
Email address, if approved provider has one, that may be included on approved provider list sent to courts;

(d) Provide the board with changes in the contact information listed in paragraph (c) of this subsection within thirty (30) days of a change in information;

(e) Notify the board within thirty (30) days of the occurrence of:

Discontinuance of practice as an approved provider;
Being convicted of, pleading guilty to, or entering an Alford plea for a felony;
Being convicted of, pleading guilty to, or entering an Alford plea for a misdemeanor against a person;
A domestic violence order issued against the approved provider;
An interpersonal protective order issued against the approved provider; or
Suspension, revocation, or other disciplinary action taken by the licensing or certifying body under which the approved provider has professional mental health treatment status; and

(f) Complete eight (8) hours of continuing education approved or provided by the board by December 31 in each calendar year following the year in which the individual becomes an approved provider.

A minimum of six hours of the required continuing education hours shall cover one or more of the areas indicated in Section 2(1)(a)1-6.
The approved provider shall submit continuing education hours earned each year to the board by January 31 of the year following the year in which the hours were obtained by:

a. Email to SORAABoard@ky.gov; or

b. Mail to SOTP/SORAA Board, Kentucky State Reformatory, 3001 W. Highway 146, LaGrange, Kentucky 40032.

The board may grant an extension of twelve (12) months in which to complete hours of continuing education if:

a. Requested by the approved provider for good cause shown; and

b. A plan to make up uncompleted hours has not been requested or approved by the board for the approved provider for either of the two (2) preceding calendar years.

To request an extension, an approved provider shall:

a. Submit a plan detailing how the uncompleted hours will be obtained within the next twelve (12) months;

b. Submit a plan detailing how the next year's eight (8) hours will be obtained within the next calendar year; and

c. State the reasons for the request for extension.

The extension request shall:

a. Be made in writing;

b. Include the number of hours that need to be completed for the calendar year;

c. Include proof of any hours that were completed; and

d. Be postmarked on or before December 31 of the calendar year for which the hours were required.

(3) An approved provider shall not:

(a) Identify himself or herself as an approved provider as credentialed by the Sex Offender Risk Assessment Advisory Board under the provisions of KRS 17.550 through 17.991 if performing an evaluation that is not of an individual convicted of a felony sex crime as defined by KRS 17.500; and

(b) Refer to an individual being evaluated or treated as a sex offender if the individual does not meet the definition of a sex offender as established in KRS 17.550.

Section 4. Approval Procedures.

(1) The board shall approve an applicant as an approved provider if the applicant meets the applicable qualifications specified in Section 2 of this administrative regulation and is not otherwise disqualified by the provisions of Section 5 of this administrative regulation.

(2) An individual may apply to the board for approval status as an approved provider by submitting:

(a) A written request for approval, which shall include the following:

Full name;
Business address;
Home address;
Daytime telephone number;
Fax number, if available; and
Social Security number;

(b) Documentary evidence of the applicant's qualifications; and

(c) Evidence that the applicant has remedied the cause for the denial or revocation, if approval was previously denied or revoked under Section 5 of this administrative regulation.

(3) The board shall determine that an application is incomplete if:

(a) The documentation of qualifications is insufficient to meet the required qualifications in Section 2 of this administrative regulation;

(b) The board is unable to verify the authenticity of the documentation of qualifications; or

(4) If the board determines that an application is incomplete, the board shall specify to the applicant additional documentation or information that is required or identify the information that cannot be verified.

(5) The board shall notify the applicant of its intent to approve or deny the application for approval in writing no later than 120 days after receiving a complete application for approval.

(6) Unless approval has been revoked in accordance with Section 5 of this administrative regulation, the board shall renew the approval status of an approved provider upon request if:

(a) The approved provider submits documentation of completion of at least eight (8) hours per year of continuing education provided or approved by the board under Section 7 of this administrative regulation; and

(b) The approved provider continues to meet the requirements of this administrative regulation and KRS Chapter 17 for approved provider status.

(7) The board shall maintain a list of approved providers to be submitted to the Administrative Office of the Courts annually.

Section 5. Denial or Revocation of Approval.

(1) The board shall deny, suspend, or revoke approval if an applicant or an approved provider has:

(a) Failed to meet the qualifications for approval set forth in Section 2 of this administrative regulation;

(b) Failed to be in compliance with the ethical standards of professional practice as promulgated by the Kentucky licensing or certifying body under which the applicant or approved provider has professional status;

(d) Falsified any information or documentation, or has concealed a material fact, in the request for approval;

(e) Failed to implement a corrective action plan imposed by the board in accordance with Section 6 of this administrative regulation;

(f) Three (3) or more evaluations which the board finds are below standard upon review;

(g) Failed to comply with the comprehensive sex offender presentence evaluation procedure established in 501 KAR 6:200;

(h) Shown an inability to conduct an evaluation with reasonable skill;

(i) Accepted a gift or favor from a sex offender being assessed, from the family of the sex offender being assessed, or from their agent;

(j) Provided a gift or favor to a sex offender being assessed, to the family of the sex offender being assessed, or to their agent;

(k) Failed to comply with an order of the board; or

(l) Failed to comply with instructions of the board during an investigation.

(2) The board may deny, suspend, or revoke approval if an applicant or an approved provider has:

(a) Been convicted of or pled guilty to a felony criminal offense or a misdemeanor criminal offense;

(b) Has a current active domestic violence or interpersonal protective order issued against the applicant or approved provider;

(c) Had a domestic violence or interpersonal protective order issued against the applicant or approved provider within the previous three (3) years;

(d) Had a sanction applied against the applicant or approved provider's mental health professional licensure or certification at any time in the past two (2) years;

(e) Failed to comply with the duties established in Section 3 of this administrative regulation;

(f) Less than three (3) evaluations that the board finds are below standard upon review;

(g) Failed to comply with the treatment requirements established in 501 KAR 6:220;

(h) Failed to comply with the evaluation procedure established in 501 KAR 6:200;

(i) Failed to comply with the requirements established by the board for the practicum or to successfully complete the practicum, if so required by Section 2 of this administrative regulation;

(j) Identified himself or herself as an approved provider as credentialed by the Sex Offender Risk Assessment Advisory Board under the provisions of KRS 17.550 through 17.991 if performing an evaluation that is not of an individual convicted of a felony sex crime as defined by KRS 17.500; or

(k) Referred to an individual being evaluated or treated as a sex offender if the individual does not meet the definition of sex offender established in KRS 17.550.

(3) If the board intends to deny, suspend or revoke approval, it shall:

(a) Serve a notice of intent to deny, suspend, or revoke approval to the applicant or approved provider; and

(b) Notify the applicant or approved provider of the hearing, in accordance with KRS Chapter 13B and KRS 17.560.

(4) An approved provider who has had approval revoked shall be ineligible to apply to be an approved provider until the second anniversary of the date the approval was revoked unless the revocation was for failure to obtain the required eight (8) hours of continuing education and the required hours have been obtained.

Section 6. Monitoring.

(1) The board may:

(a) Investigate a formal complaint, verified by affidavit, concerning an approved provider, if the complaint alleges a failure to comply with the provisions of this administrative regulation, 501 KAR 6:200, or 6:220;

(b) Refer a complaint against an approved provider, which relates to an unethical practice or practice which may be outside the approved provider's scope of practice, to the appropriate Kentucky licensure or certification board; and

(c) Investigate and evaluate an approved provider's adherence to the provisions of this administrative regulation, 501 KAR 6:200, or 502 KAR 6:220, on its own initiative.

(2) The board or staff that assists the board may monitor an approved provider by the following activities:

(a) Interviewing a sex offender or victim, if consent is given by the sex offender or victim for the interview;

(b) Reviewing evaluation or treatment records maintained by an approved provider on a sex offender;

(d) Interviewing judicial, correctional, or law enforcement officials or other individuals that interact with an approved provider in relation to comprehensive sex offender presentence evaluations or treatment of sex offenders.

(3) If an approved provider fails to comply with provisions of this administrative regulation, 501 KAR 6:200, or 6:220, the board shall notify him in writing of its determination and may:

(a) Require the approved provider to submit a corrective action plan for approval by the board;

(b) Impose a corrective action plan; or

(4) If the board requires an approved provider to comply with a corrective action plan, it shall review plan compliance within 120 days.

Section 7. Approval of Specialty Training and Continuing Education.

(1) Specialty training.

(a) Specialty training, as required in Section 2 of this administrative regulation, shall be approved or provided by the board based on its nature or relevance.

(b) An applicant seeking approval of a specialty training course shall submit to the board the following:

A certificate of attendance which shall include the number of hours of training received; or

a. If a certificate of attendance is not available, an affidavit that includes the number of hours of education received; and

b. An agenda from the training seminar that describes topics and length of time spent on each topic.

(c) The board may require the applicant to provide course materials from the training seminar or additional information, if it is unable to adequately determine the nature or relevance of the training provided at the seminar from the materials submitted under paragraph (b) of this subsection.

(2) Continuing education.

(a) Continuing education, as required in Section 3 of this administrative regulation, shall be approved or provided by the board based on its nature or relevance.

(b) An approved provider seeking approval of continuing education hours shall submit to the board the following:

A certificate of attendance that shall include the number of hours of education received; or

a. If a certificate of attendance is not available, an affidavit that includes the number of hours of education received; and

b. An agenda from the seminar, which describes topics and length of time spent on each topic.

(c) The board may require the applicant to provide course materials from the seminar or additional information, if it is unable to adequately determine the nature or relevance of training provided at the seminar from the materials submitted under paragraph (b) of this subsection.

History

RELATES TO: KRS 17.550-17.991
STATUTORY AUTHORITY: KRS 17.554(1), 17.564
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.554(1) requires the Sex Offender Risk Assessment Advisory Board to approve providers to conduct court-ordered comprehensive sex offender presentence evaluations and treatment of sex offenders. KRS 17.564(1) authorizes the board to promulgate administrative regulations necessary to carry into effect the purposes of KRS 17.500 to 17.580 and 17.991. This administrative regulation establishes approval requirements for providers.
History: 25 Ky.R. 2054; Am. 2871; eff. 6-16-1999; 26 Ky.R. 2307; 27 Ky.R. 759; eff. 9-11-2000; 31 Ky.R. 1883; 32 Ky.R. 65; eff. 8-5-2005; 32 Ky.R. 2147; 33 Ky.R. 99; eff. 8-7-2006; 3038; 3368; eff. 6-1-2007; 36 Ky.R. 1523; 2055-M; eff. 4-2-2010; 48 Ky.R. 939, 1737; eff. 3-1-2022.

501 KAR 6:200 Comprehensive sex offender presentence evaluation procedure {#sec-501-kar-6-200 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:200}

Section 1. Definitions.

(1) "Amenability to treatment" means the offender is free from intellectual disability or psychological disturbance that would prevent the offender from engaging meaningfully in sex offender treatment and he is at least minimally able to participate in the treatment process.

(2) "Appropriate setting" means a secure institutional setting or a community-based setting.

(3) "Approved provider" is defined by KRS 17.550(3).

(4) "Board" is defined by KRS 17.550(1).

(5) "Clinically adjusted" means a change in the risk level recommendation based on compelling evidence which indicates to an approved provider that the probability of recidivism ranges are inappropriate for a sex offender, such as a risk factor being in an acute phase of severity.

(6) "Comprehensive sex offender presentence evaluation" means a comprehensive mental health evaluation by an approved provider that includes a focus on the clinical data necessary to address the four (4) areas of assessment listed in KRS 17.554(2).

(7) "Evidence based standards of care" means standards and practices that:

(a) Are based on the best available clinical scientific research or evidence for treatment of sex offenders;

(b) Take into account the offender's current clinical state and factors that may influence treatment gain; and

(8) "Nature of required sex offender treatment" means the treatment management issues including recommendations for the focus of treatment, special treatment considerations, further evaluation, and restrictions to minimize the risk of recidivism.

(9) "Responsivity factors" means factors that impact an offender's ability to begin, engage in, and complete treatment and can interfere with the ability of the offender to respond to treatment.

(10) "Risk of recommitting a sex crime" means a designation of high or not high risk based on the finding of the instrument used or other clinically relevant data that suggests sexual reoffense is more likely than not.

(11) "Sex offender" is defined by KRS 17.550(2).

(12) "Stages of change" means the change process occurs gradually over time and includes levels or stages as follows:

(a) Precontemplation, in which the individual does not intend to make a change in the behavior;

(b) Contemplation, in which the individual has an awareness of the problem and may consider the pluses and minuses of change;

(c) Preparation, in which the individual intends to take action within one (1) month and may make small behavioral changes;

(d) Action, in which the individual modifies the problem behavior for one (1) to six (6) months; and

(e) Maintenance, in which the behavior change extends from six (6) months and the individual works to prevent relapse.

Section 2. Comprehensive Sex Offender Presentence Evaluation Procedures.

(1)

(a) An approved provider shall conduct a comprehensive mental health evaluation following evidence based standards of care.

(b) The evaluation shall include a face-to-face interview and a review of collateral information. The face-to-face interview may be conducted by videoconferencing if it allows the approved provider to see the offender at all times during the interview.

(c) If the results of initial mental health screening procedure dictate, additional appropriate psychological testing addressing cognitive functioning, mental illness, and severe characterological impairment shall be employed as circumstances allow.

(2) Risk of recommitting a sex crime shall be determined in the following manner:

(a) If applicable, an actuarial instrument shall be used which is appropriate to the sex offender. An actuarial instrument shall be appropriate for use if:

The instrument's developmental sample or subsequent study samples contained individuals with characteristics similar to the offender being evaluated; and
The instrument's reliability and validity has been demonstrated through research. The results of the instrument may be clinically adjusted at the discretion of the approved provider.

(b) If an actuarial instrument is not appropriate, an empirically guided approach shall be used. An empirically-guided approach shall mean that the approved provider shall consider risk factors that research has demonstrated to be associated with risk for recidivism.

(3) The threat to public safety shall be determined in the following manner:

(a) The approved provider shall consider the following domains in assessing the sex offender's immediate threat to public safety and in arriving at a recommendation regarding an appropriate treatment setting:

The sex offender's amenability to treatment;
The degree of threat of harm or actual force employed in the index offense and in prior offenses;
The nature and duration of the offending;
The sex offender's psychological adjustment;
The sex offender's social and occupational adjustment; and
The sex offender's statements or indications of harm directed to another.

(b) The approved provider shall make a recommendation as to the appropriate setting in which treatment, if indicated, should be provided for the sex offender.

(4) The approved provider shall assess the following factors for amenability:

(a) The sex offender shallNot exhibit symptoms of a psychological disturbance that may significantly inhibit treatment participation;

(b) The sex offender shall exhibit a level of intellectual functioning sufficient to complete the task assigned in the treatment program to which he will be referred;

(c) Whether the sex offender will receive a benefit from treatment designed for sex offenders with intellectual developmental disorder, if the sex offender has an intellectual developmental disorder;

(d) Whether the sex offender acknowledges involvement in the sex offense for which he or she is convicted;

(e) Whether the sex offender considers[ his or her involvement in the sex offense to be a problematic behavior that he or she does not want to repeat; and

(f) The level of acknowledgment and current stage of change expressed by the sex offender[.

(5) In assessing the nature of required sex offender treatment, the approved provider shall address management issues including:

(a) Recommendations for the focus of treatment;

(b) Special treatment considerations, including:

Recommendations to address identified responsivity factors; and
Other issues that impact the offender's ability to engage in treatment;

(d) Restrictions to minimize the risk of recidivism.

Section 3. Evaluation Report.

(1) An approved provider shall prepare a comprehensive sex offender presentence evaluation report to the court in the form of a bifurcated document.

(2) The first section of the report shall consist of information prepared specifically for the court and shall contain the following headings:

(a) Identifying information including:

Name;
Social Security number;
Date of birth;
Age; and
Indictment number or county;

(b) Referral information, including reason for referral, informed consent, and procedures;

(d) Summary, conclusions, and recommendations.

(3) The second section shall include the following information from which the summary and conclusions were reached:

(a) Criminal justice information, including index offense, prior sex offense, or other legal history;

(b) Psychosocial history including:

Family of origin;
Education;
Military;
Occupational;
Financial;
Sexual;
Relationship;
Mental health; and
Medical;

(d) Standardized assessment or psychological testing;

(e) Diagnosis impressions;

(f) Treatment considerations; and

(g) The statutory factors found in KRS 17.554(2).

(4) The report shall be entitled "Comprehensive Sex Offender Presentence Evaluation."

(5) An approved provider shall place his or her signature at the end of the recommendation report if the approved provider:

(a) Conducted the comprehensive sex offender presentence evaluation; or

(b) Reviewed and approved the evaluation.

(6) If the approved provider previously provided treatment to the sex offender, he shall not perform a sex offender presentence evaluation for the offender.

Section 4. Recordkeeping.

(1) An approved provider shall maintain the evaluation records for the period of time required for the approved provider to maintain patient files by the licensing or certifying body under which the approved provider has professional status.

(2) The original or a copy of all comprehensive sex offender presentence evaluation information shall be provided to the boardupon request.

History

RELATES TO: KRS 17.550-17.991
STATUTORY AUTHORITY: KRS 17.554(2), 17.564
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.554(2) requires the Sex Offender Risk Assessment Advisory Board to establish a comprehensive sex offender presentence evaluation procedure for court-ordered evaluations of sex offenders. KRS 17.564(1) authorizes the board to promulgate administrative regulations necessary to carry into effect the purposes of KRS 17.500 to 17.580 and 17.991. This administrative regulation establishes the evaluation procedure to ensure the quality of court-order comprehensive sex offender presentence evaluations.
History: 25 Ky.R. 2057; Am. 2875; eff. 6-16-1999; 26 Ky.R. 2310; 27 Ky.R. 763; eff. 9-11-2000; 35 Ky.R. 190; 1455; eff. 1-5-2009; 38 Ky.R. 1791; 1951; eff. 7-6-2012; 48 Ky.R. 943, 1740; eff. 3-1-2022.

501 KAR 6:220 Treatment for sex offenders {#sec-501-kar-6-220 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:220}

Section 1. Definitions.

(1) "Adjunctive therapy" means additional interventions or programs that enhance gains made in evidence based treatment sessions, directly target criminogenic risk factors, and may include interventions that are considered promising as well as evidence based.

(2) "Approved provider" is defined by KRS 17.550(3).

(3) "Board" is defined by KRS 17.550(1).

(4) "Criminogenic needs" means factors that if targeted in treatment, can reduce sexual re-offending.

(5) "Department" is defined by KRS 197.010(3).

(6) "Dynamic risk factors" means factors that:

(a) If targeted and changed during treatment, can result in a reduction in sexual re-offending; and

(b) Research has proven to reduce sexual recidivism.

(7) "Evidence based standards of care" means standards and practices that:

(a) Are based on the best available clinical scientific research or evidence for treatment of sex offenders;

(b) Take into account the offender's current clinical state and circumstances that may influence treatment gain; and

(8) "Non-criminogenic needs" means factors that if targeted can assist with removing obstacles to effectively targeting criminogenic factors, for example, self-esteem, fear of punishment.

(9) "Responsivity factors" means factors that impact an offender's ability to begin, engage in, and complete treatment and can interfere with the ability of the offender to respond to treatment.

(10) "Risk" means the risk of sexual reoffending.

(11) "Risk assessment tool" means a validated instrument designed to measure risk of sexually reoffending.

(12) "Session" means at least forty-five (45) minutes for an individual session or ninety (90) minutes for a group session.

(13) "Static factors" means factors that do not change but predict future sexual re-offending.

(14) "Stages of change" means the change process occurs gradually over time and includes levels or stages as follows:

(a) Precontemplation, in which the individual does not intend to make a change in the behavior;

(b) Contemplation, in which the individual has an awareness of the problem and may consider the pluses and minuses of change;

(c) Preparation, in which the individual intends to take action within one (1) month and may make small behavioral changes;

(d) Action, in which the individual modifies the problem behavior for one (1) to six (6) months; and

(e) "Maintenance, in which the behavior change extends from six (6) months and the individual works to prevent relapse.

Section 2. General Procedures for Treatment of All Sex Offenders.

(1) Treatment shall conform to evidence based standards of care, and shall include:

(a) A diagnosis from one (1) of the manuals below, using the edition that is in effect at the time of diagnosis:

Diagnostic and Statistical Manual (DSM); or
International Statistical Classification of Diseases and Related Health Problems (ICD); and

(b) A written treatment plan based on a comprehensive, psycho-sexual evaluation consistent with the risk-need-responsivity (RNR) principles or RNR model of assessment and treatment. The plan shall include:

Goals and objectives consistent with the individual client's risk level considering:

a. Static factors;

b. Dynamic risk factors;

c. Criminogenic and non-criminogenic needs;

d. Responsivity factors; and

e. Stage of change; and

Systems and modalities of treatment and the rationale therefor.

(2) Treatment shall be conducted using a cognitive behavioral approach including individual or group sessions.

(3) Treatment may utilize psychoeducational and other adjunctive therapy components if indicated.

(4) Prior to providing treatment, an approved provider shall:

(a) Obtain written informed consent for treatment from the offender;

(b) Contact the offender's supervising probation and parole officer to discuss the offender and obtain offender information;

(d) Submit a general treatment curriculum to the board that includes the required elements in Sections 2 and 3 of this administrative regulation. If the approved provider intends to treat an offender who has already completed a sex offender treatment program, then the approved provider shall also submit a treatment curriculum that includes the required elements in Section 4 of this administrative regulation. If an approved provider changes the submitted treatment curriculum, the approved provider shall submit a treatment curriculum with the changes to the board.

(5) An approved provider shall:

(a) Provide psychological services, pharmaco-therapy services, testing, or adjunctive therapy as needed or make the appropriate referral and act as liaison for the provision of services;

(b) Provide treatment consistent with current professional literature that minimizes the risk of reoffending and emphasizes community safety;

(c) Maintain an individual record, which shall include documentation of the offender's attendance and evaluative progress notes;

(d) Obtain a release of information signed by the sex offender, which allows the approved provider to release information to probation and parole personnel responsible for the sex offender's supervision and the Sex Offender Risk Assessment Advisory Board;

(e) Notify the offender's supervising probation and parole officer in writing if the offender fails to attend a treatment session or fails to make a good faith effort to participate in the treatment;

(f) Provide the Required Monthly Progress Report to the supervising probation and parole officer each month;

(g) Cooperate fully with the probation and parole supervision team responsible for a sex offender under the approved provider's treatment;

(h) Prepare a treatment summary at discharge from treatment; and

(i) Provide written notice of the sex-offender's discharge from treatment and the reasons for discharge to the supervising probation and parole officer within ten (10) days of discharge.

Section 3. Procedures for Treatment of Sex Offenders Who Have Not Completed a Sex Offender Treatment Program. If a sex offender has not completed a sex offender treatment program, an approved provider shall:

(1) Use a treatment curriculum which, at a minimum, shall include:

(a) Integrated treatment services as necessary to meet the sex offender specific and mental health needs of the individual offender including:

Sex offender specific treatment:

a. The cycle of sexual abuse;

b. Human sexuality;

c. Deviant arousal and its reduction;

d. Cognitive restructuring;

e. Relapse prevention;

f. Partner and family interactions and support, if applicable;

g. Victim empathy awareness; and

h. Relationship skills; and

Mental health treatment:

a. Substance abuse;

b. Mental health including personality disorder;

c. Domestic violence;

d. Anger management;

e. Mood problems including depression and anxiety;

f. Trauma;

g. Psychotropic medication; and

h. Pornography addiction;

(b) Treatment dosage based on risk level;

(c) An emphasis on motivating the offender to move through the stages of change and towards acceptance of responsibility for present and past sexual offending behavior; and

(d) Gender and culture specific programming;

(2) For a low risk offender, provide between sixty (60) to 100 hours of face-to-face, evidence based, cognitive behavioral treatment sessions with at least thirty (30) hours in the first year. If denial or other risk-need-responsivity factors are present in a low risk offender, treatment hours may be increased to focus on treatment readiness or other responsivity factors identified by the treatment provider;

(3) For a medium risk offender, between 160 to 200 hours of face-to-face, evidence based, cognitive behavioral treatment sessions with at least eighty (80) hours in the first year. If denial or other risk-need-responsivity factors are present in the medium risk offender, treatment hours may be increased to focus on treatment readiness or other responsivity factors identified by the treatment provider; and

(4) For a high risk offender, provide between 400 to 540 hours of face-to-face evidence based, cognitive behavioral treatment sessions with at least 200 hours in the first year. If denial or other risk-need-responsivity factors are present in the high risk offender, treatment hours may be increased to focus on treatment readiness or other responsivity factors identified by the treatment provider.

Section 4. Procedures For Treatment of Sex Offenders Who Have Completed a Sex Offender Treatment Program.

(1) If a sex offender has completed a sex offender treatment program, an approved provider shall:

(a) Obtain documentation from the sex offender treatment program showing completion of the program;

(b) Assess and document whether the offender can demonstrate acceptable levels of skills and knowledge of treatment areas listed in Section 3(1)(a)1 of this administrative regulation;

(d) Based on the offender's level of risk and need, determine which of the following is required:

A full treatment program;
A partial treatment program to address sex offender specific treatment concerning missing skills or knowledge; or
Maintenance sessions including supportive counseling; and

(e) Implement a treatment program that meets the following:

A full treatment program shall follow the requirements in Section 3 of this administrative regulation;
A maintenance program shall include:

a. For a low risk offender, forty-five (45) to sixty (60) hours of supportive counseling sessions focused on re-entry issues for a minimum of twelve (12) months and thereafter as needed, including booster sessions, unless the approved provider determines that this level of treatment may be detrimental to the offender based on current scientific treatment studies;

b. For a moderate risk offender:

(i) Provide a maintenance relapse prevention program with sessions two (2) times per month for the first year after release and then as needed, including booster sessions; and

(ii) Provide or refer for adjunctive therapies as needed; or

c. For a high risk offender:

(i) Provide a maintenance program with sessions one (1) time per week for the first year after release and thereafter as needed, including booster sessions; and

(ii) Provide or refer for adjunctive therapies as needed; or

For a partial treatment program:

a. Determine the additional hours above the minimum hours required for a maintenance program needed to address the missing skills or knowledge and include those additional hours of treatment with the required hours for a maintenance program; and

b. Document in the treatment file how the approved provider determined the skills and knowledge in required areas were met in prior treatment.

(2) Based on the determination of whether a full, partial, or maintenance program is required, the approved provider shall use a treatment curriculum which, at a minimum, shall target and include:

(a) Treatment dosage based on current risk level;

(b) Treatment readiness and stage of change;

(d) Development of treatment partner relationship, including partner alert sessions;

(e) Collaborative development of a practical living skills plan;

(f) Existing sex offender specific treatment needs identified in subsection (1)(b) of this section integrated with the mental health needs as stated in Section 3(1)(a)(2) of this administrative regulation; and

(g) A plan for family and children reintegration options, if appropriate, and the victim approves.

(3) Reintegration.

(a) Reintegration with a victim shall not be considered unless it is approved by the approved provider and the probation and parole officer.

(b) If the offender victimized a child, reintegration with other children shall not be considered unless approved by the approved provider and the probation and parole officer.

(c) The approved provider and probation and parole officer shall address at a minimum the following when considering reintegration of an offender with a child victim or other children:

Assessment of quality of parental relationship;
Assessment of victim's progress if participating in treatment;
Assessment of age and sex of child victims and offender potential for cross-over;
Assessment of how the offender accessed prior child victims and similarities to situations and persons with whom he is currently considering to reside;
Assessment of adult partner's knowledge and insight into offender's dynamics; and
A written, gradual reintegration process plan.

Section 5. Incorporation by Reference.

(1) The Sex Offender Risk Assessment Advisory Board form "Required Monthly Progress Report", 2020, is incorporated by reference.

(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, 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 sex offender treatment area at https://corrections.ky.gov/Divisions/healthservices/Pages/sotp.aspx.

History

RELATES TO: KRS 17.500, 17.550-17.576, 17.991, 197.010
STATUTORY AUTHORITY: KRS 17.564
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.564 authorizes the Sex Offender Risk Assessment Advisory Board to promulgate administrative regulations to establish the minimum requirements for treatment of sex offenders. This administrative regulation establishes minimum treatment requirements for providers.
History: 27 Ky.R. 1116; Am. 1456; eff. 12-21-2000; 31 Ky.R. 1885; 32 Ky.R. 67; eff. 8-5-2005; 38 Ky.R. 679; 907; eff. 12-2-2011; 47 Ky.R. 177, 717; eff. 1-5-2021.

501 KAR 6:230 Little Sandy Correctional Complex {#sec-501-kar-6-230 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:230}

Section 1. Incorporation by Reference.

(1) "Little Sandy Correctional Complex Policies and Procedures", September 11, 2017, are incorporated by reference. Little Sandy Correctional Complex Policies and Procedures include: LSCC 01-12-01Public Information and Media Communication (Amended 9/11/17) LSCC 02-01-03Fiscal Management Agency Funds (Amended 9/11/17) LSCC 06-01-01Offender Records (Amended 6/28/17) LSCC 08-01-01Occupational Exposure to Serious and Infectious Diseases (Amended 6/28/17) LSCC 10-01-01Restrictive Housing Unit (Amended 9/11/17) LSCC 11-02-01Food Service Security (Amended 6/28/17) LSCC 11-03-01Dining Room Rules (Added 6/28/17) LSCC 11-06-01Health Requirement of Food Handlers (Amended 6/28/17) LSCC 11-07-01Food Service: Inspections and Sanitation (Amended 6/28/17) LSCC 12-01-01Clothing, Bedding, Hygiene Supplies and Barber Shop (Amended 6/28/17) LSCC 13-02-01Sick Call, Clinic, and Pill Call (Added 9/11/17) LSCC 13-02-02Medical Services Co-payment (Added 6/28/17) LSCC 13-02-03Continuity of Care: Health Evaluations, Intra-System Transfer, Individual Treatment Plans (Amended 9/11/17) LSCC 13-03-01Use of Pharmaceutical Products (Amended 9/11/17) LSCC 13-04-01Health Records (Added 9/11/17) LSCC 13-04-02Psychological and Psychiatric Reports (Added 9/11/17) LSCC 13-05-01Management of Serious and Infectious Diseases (Added 9/11/17) LSCC 13-08-01Eye Care (Added 9/11/17) LSCC 13-09-01Dental Care (Added 6/28/17) LSCC 13-10-01Transfers and Medical Profiles (Added 6/28/17) LSCC 13-11-01Informed Consent (Added 6/28/17) LSCC 13-12-01Medical Annex (Added 9/11/17) LSCC 13-13-01Inmate Self-Administration of Medication (Amended 6/28/17) LSCC 13-15-01Health Education Program and Detoxification (Added 6/28/17) LSCC 14-02-01Legal Services Program (Amended 6/28/17) LSCC 15-01-01Drug Abuse Testing (Amended 6/28/17) LSCC 16-01-01Inmate Visiting (Amended 9/11/17) LSCC 16-02-02Inmate Correspondence and Privileged Mail (Amended 6/28/17) LSCC 16-03-01Inmate Telephone Communications (Amended 6/28/17) LSCC 17-01-01LSCC Inmate Property Control (Amended 6/28/17) LSCC 18-01-01Inmate Classification (Amended 6/28/17) LSCC 18-02-01Meritorious Housing (Amended 6/28/17) LSCC 19-01-01Inmate Work Program (Amended 6/28/17) LSCC 20-01-01Educational Programs (Amended 6/28/17) LSCC 22-02-01Inmate Clubs and Organizations (Amended 6/28/17) LSCC 24-01-01Social Services and Counseling Program (Added 6/28/17) LSCC 25-01-02Inmate Release Process (Amended 6/28/17) LSCC 26-01-01Citizen Involvement and Volunteer Services Programs (Amended 6/28/17)

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Little Sandy Correctional Complex.
History: 34 Ky.R. 2253; 2398; eff. 6-6-2008; 39 Ky.R. 270; 768; eff.11-2-2012; 44 Ky.R. 334; 730; eff. 11-3-2017; Certified to be Amended; filing deadline 4-29-2026.

501 KAR 6:250 Graduated sanctions for technical violations of probation and compliance incentives system {#sec-501-kar-6-250 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:250}

Section 1. Definitions.

(1) "Conditions of supervision" or "conditions of probation" means general and specific directives given to an offender placed on probation by the sentencing judge or the Division of Probation and Parole.

(2) "Demonstrated pattern of failure to comply with conditions of supervision" means that the offender has a major violation of the same or similar condition of supervision more than three (3) times over the course of the offender's supervision.

(3) "Division" means the Kentucky Department of Corrections Division of Probation and Parole.

(4) "Graduated sanctions" is defined by KRS 446.010(20).

(5) "High risk behavior" means an action or activity that places a person at risk of violating a condition of supervision or committing a crime .

(6) "Offender" means a person placed under the supervision of the division by a court with jurisdiction over the sentence.

(7) "Officer" or "probation and parole officer" means a person employed by the division who supervises, counsels, and directs an offender on probation.

(8) "Releasing authority" means the court with jurisdiction over the sentence that granted probation.

(9) "Revocation" means an offender having his probation ended and being incarcerated as a result of a hearing for violations of conditions of supervision.

(10) "Risk and needs assessment" is defined by KRS 446.010(38).

(11) "Probation and parole violation matrix" means the table in Section 6 of this administrative regulation that addresses sanction decisions.

Section 2. Informal Response and Mandatory Return to Court.

(1) Informal response.

(a) Unless otherwise ordered by the court, the officer may resolve the following minor violations through an informal case management strategy:

Missing scheduled report day;
Traffic offense without arrest;
Failure to seek employment;
Failure to enroll or maintain school attendance; and
Failure to notify officer prior to change of address.

(b) The officer shall compile a violation report documenting the reason and the informal response.

(2) Violations which shall be returned to the releasing authority.

(a) Graduated sanctions shall not be used by the officer and violation documentation shall be submitted to the releasing authority for violation proceedings up to and including revocation for the following violations:

Absconding supervision;
New felony conviction;
New misdemeanor conviction of assault;
New misdemeanor conviction of violation of emergency protective, domestic violence, or interpersonal protective order;
New misdemeanor conviction for sexual offense;
New misdemeanor conviction for driving under the influence;
Possession or use of a firearm;
Failure to complete sex offender treatment program;
Demonstrated pattern of failure to comply with conditions of supervision; or
Violations of an assaultive nature.

(b) The officer shall provide the violation documentation to a supervisor and discuss the case prior to submitting the violation documentation to the releasing authority.

Section 3. Review for Graduated Sanctions and Use of the Matrix. If the violation is not handled by an informal response as established in Section 2 of this administrative regulation and the sentencing court orders the offender to be subject to graduated sanctions as part of the conditions of his probation, then to the extent that this administration regulation is not in conflict with the orders of the court, graduated sanctions shall be applied as follows:

(1) The officer shall consider the:

(a) Offender's assessed risk and needs level;

(b) Offender's adjustment on supervision;

(d) Seriousness of the offender's previous criminal record;

(e) Number and severity of any previous supervision violations;

(f) Extent to which graduated sanctions were imposed for previous violations; and

(g) Any other factors related to public safety.

(2) The officer shall:

(a) Determine whether the violation is a major or minor violation in accordance with Sections 4 and 5 of this administrative regulation; and

(b) Review the probation and parole violation matrix in Section 6 of this administrative regulation to impose sanctions or determine other appropriate action as directed in this administrative regulation.

(3) () The officer shall consider the following when reviewing the violation behavior with the matrix:

(a) If there are multiple violations, the officer shall use the most serious violation for the review for sanctions.

(b) If the possible sanctions in a response range have been exhausted on previous violations, the officer may use sanctions in the next highest response range.

(c) If the offender has violated conditions of supervision imposed in more than one (1) case (i.e., multiple cases from a single jurisdiction, cases from multiple jurisdictions, or on supervision for probation and parole or other form of community supervision), the officer shall determine the criminal conviction in the case for which the graduated sanctions will be imposed. A graduated sanction shall not be imposed on more than one case at a time and cases shall not be sanctioned separately for individual violations arising from the same series of violations.

(4) In order to determine the range of sanctions that may be imposed, the officer shall:

(a) Determine the offender's risk and needs level based on the offender's most recent risk and needs assessment; and

(b) Use the probation and parole violation matrix in Section 6 of this administrative regulation to cross reference the violation behavior category as determined in subsection (3) of this section with the offender's risk and needs level to determine the sanctions available in the indicated response range.

(5) If the officer recommends a graduated sanction or discretionary detention, the officer shall:

(a) Discuss with a supervisor an appropriate graduated sanction for the violation prior to completing the violation report;

(b) Complete and provide the violation report to the supervisor including information about compliance with the probation and parole matrix in Section 6 of this administrative regulation;

(c) State the reasons for a recommendation of an alternative response outside of the responses outlined in the probation and parole matrix, if the officer makes an alternative response recommendation. The reasons may include:

The sanctions from the indicated response range or a lower response range are insufficient for the circumstances of the violation and recommends imposing sanctions from a higher response range;
The sanctions from the indicated response range or a lower response range are insufficient for the circumstances of the violation and recommends revocation;
Interventions not included in the matrix are appropriate for the circumstances of the violation; or
The officer determines that the offender has failed to comply with prior graduated sanctions imposed and further implementation of graduated sanctions would be futile;

(d) Obtain approval from a supervisor for the violation response prior to imposing the sanction; and

(e) Document the approval, denial, or resubmission of an alternative graduated sanction action in the offender management system.

(6) Upon receiving a recommendation for graduated sanctions, the supervisor shall review the recommendation and:

(a) Approve the recommendation; or

(b) Reject the recommendation and refer the violation back to the officer for alternative sanctions or revocation.:

Section 4. Minor Violations. Minor violations shall include the following:

(1) Failure to report a citation or arrest;

(2) Failure to report;

(3) Being in an establishment where alcohol is sold as a primary commodity;

(4) Traffic offenses unless arrested;

(5) Failure to pay financial obligations as ordered by the releasing authority;

(6) Failure to seek employment;

(7) Failure to enroll or maintain school attendance;

(8) Falsifying a release report;

(9) Violation of other special conditions unless ordered by releasing authority;

(10) Association with convicted felon;

(11) Violation of travel restrictions;

(12) Visiting a correctional facility without prior approval;

(13) Issuance of an emergency protective order, domestic violence order, or interpersonal protective order;

(14) Violation of curfew;

(15) First or second positive drug or alcohol test;

(16) Failure to comply with re-entry programming;

(17) Failure to complete community service; and

(18) Other violations of similar magnitude.

Section 5. Major Violations. Major violations shall include the following:

(1) Misdemeanor conviction that does not require submission to the releasing authority pursuant to Section 2(2)(a) of this administrative regulation;

(2) Failure to complete treatment;

(3) Failure to complete halfway house program;

(4) Multiple minor violations within ninety (90) days;

(5) Multiple positive drug or alcohol tests or high risk behavior;

(6) Refusal to submit to an alcohol or drug test;

(7) Altering or attempting to alter the results of a drug screen;

(8) Harassing or threatening a probation and parole officer;

(9) Possession or use of a weapon other than a firearm by an offender;

(10) Failure to comply with sex offender registry;

(11) Over three (3) months behind on restitution;

(12) Violation of a special condition ordered by the releasing authority;

(13) Violation of travel restrictions to another state;

(14) Violation of curfew with electronic monitoring device;

(15) Change of residence without officer's permission;

(16) Failure to notify probation and parole officer about address change;

(17) Failure to participate in a required program or service; and

(18) Other violations of similar magnitude.

Section 6. Probation and Parole Violation Matrix. The following matrix shall be used to determine allowable graduated sanctions for probation violations:

Section 7. Documentation and Notice of Graduated Sanctions.

(1) Prior to imposing the graduated sanctions, the officer shall prepare a probation violation report with graduated sanctions. The report shall include:

(a) A description of the violation behavior;

(b) A description of the sanctions which will be imposed; and

A violation hearing before the court;
Representation by an attorney at the hearing; and
Have an attorney appointed for him at state expense if he cannot afford one.

(2) The officer shall:

(a) Provide a copy of the probation graduated sanctions violation report to the offender prior to the imposition of sanctions;

(b) Ask the offender if he can read the probation graduated sanctions violation report. If the offender states that he cannot read, then the officer shall read the report to the offender; and

(c) Ask the offender if he can understand English. If the offender informs the officer that he cannot understand English, the officer shall provide the offender with a probation graduated sanctions violation report in the offender's language or a language interpreter, if available. If the report cannot be provided in the offender's language and a language interpreter is not available, then the officer shall report the violation behavior to the court for disposition in lieu of proceeding with the graduated sanctions process.

(3) If the offender indicates to the officer that he does not understand his rights as stated in the probation graduated sanctions violation report, the officer shall report the violation behavior to the court for disposition in lieu of proceeding with the graduated sanctions process.

(4) If the offender chooses to waive his right to a violation hearing and elects to participate in the graduated sanctions process, then:

(a) The offender shall note his choice and sign the probation graduated sanctions violation report;

(b) The officer shall sign the probation graduated sanctions violation report;

(d) The officer shall provide the probation graduated sanctions violation report to the releasing authority; and

(e) The officer shall document the actions taken in the offender management system.

(5) If the offender contests the graduated sanction to be imposed for minor violations, the officer shall report the contest to the supervisor. The supervisor shall deny the offender's contest or grant an alternative sanction.

(6) If the offender chooses not to waive his right to a violation hearing, the officer shall report the violation to the releasing authority for proceedings.

Section 8. Discretionary Detention.

(1) Discretionary Detention Up to Ten (10) Days.

(a) If the officer recommends discretionary detention as a graduated sanction, the officer shall review the offender's record to determine if the recommended days of detention will cause the offender to serve more than sixty days in discretionary detention during the calendar year as limited by KRS 439.3108.

(b) The officer shall determine a period of detention, not to exceed ten days in compliance with the probation and parole matrix in Section 6 of this administrative regulation.

(c) The officer shall seek approval from a supervisor for the detention. If the officer takes the offender into custody, the officer shall:

Obtain approval from a supervisor within four (4) hours;
If the detention is not approved, follow directives of a supervisor;
Continue the detention if other legal process permits; or
Release the offender from detention.

(d) Upon receiving a recommendation for detention, the supervisor shall:

Approve the recommendation; or
Reject the recommendation and refer the violation back to the officer for alternative sanctions or revocation.

(e) The officer shall document the action in the offender management system.

(2) Discretionary detention for more than ten (10) days.

(a) If the officer recommends discretionary detention as a graduated sanction in excess of ten (10) consecutive days:

Discuss the detention days in excess of ten (10) days with a supervisor;
Complete a violation report with reasons for the additional period of detention;
Submit the violation report to a supervisor for approval;
Submit the violation report to the releasing authority with the reason for the additional detention days, if approval is received from a supervisor; and
Document the actions in the offender management system.

(b) Upon receiving a recommendation for detention the supervisor shall:

Approve the recommendation; or
Reject the recommendation and refer the violation back to the officer for alternative sanctions or revocation.

(3) The officer shall determine if the offender is employed and whether it is feasible for the offender to serve the approved detention at times that the offender is not scheduled to work.

(4) The officer shall document the violation and provide notice to the offender and the releasing authority pursuant to the provisions of Section 7 of this administrative regulation.

Section 9. After consideration of the totality of the circumstances, if the officer determines that graduated sanctions are not appropriate for the violation and seeks to return the offender to the releasing authority for violation proceedings, the officer shall discuss the case with a supervisor.

(1) The supervisor and officer shall review the following factors:

(a) The offender has demonstrated an inability to comply with supervision;

(b) Graduated sanctions have been previously imposed or the serious nature of the violation merits return to the releasing authority;

(d) All resources available in the community have been exhausted; and

(e) The offender poses a safety risk to himself or the community.

(2) The case review shall be documented in the offender management system by the supervisor, including why graduated sanctions were not appropriate and the factors used to make the recommendation to the releasing authority.

Section 10. Compliance Incentives. An officer may use proportionate incentives for compliance with conditions of supervision including:

(1) Reduced reporting requirements;

(2) Lower levels of supervision as indicated by the offender's risk and needs assessment;

(3) Removal of supervision conditions, for example home detention or curfew;

(4) Eligibility for early termination of probation;

(5) Awarding certificates of achievement;

(6) Deferring a monthly supervision fee payment;

(7) Asking the supervised individual to be a mentor to others; or

(8) Other similar incentives.

History

RELATES TO: KRS 196.030, 439.250, 439.3105-439.3108, 439.551, 439.553, 446.010
STATUTORY AUTHORITY: KRS 196.035, 439.3106, 439.3107, 439.3108, 439.470, 439.551, 439.553
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 439.3106, 439.3107, 439.3108, 439.470, and 439.551 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions and to establish a system of graduated sanctions for probation violations. This administrative regulation establishes graduated sanctions for responding to violations of probation.
History: 38 Ky.R. 1517; 1732; eff. 5-4-2012; TAm 10-22-2013; 48 Ky.R. 946; 1742; eff. 3-1-2022.

501 KAR 6:260 Procedures for recommendation of early termination of probation and review of compliance of supervised individuals {#sec-501-kar-6-260 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:260}

Section 1. Definitions.

(1) "Case plan" is defined in KRS 446.010(6).

(2) "Officer" or "probation and parole officer" means a person employed by the Department of Corrections Division of Probation and Parole who supervises, counsels, and directs an offender on probation or parole.

(3) "Probationer" means a person who has been sentenced to probation and ordered by a court with jurisdiction over the sentence to be supervised by the Department of Corrections;

(4) "Risk and needs assessment" is defined in KRS 446.010(35).

(5) "Violent offense" is defined in KRS 439.3401(1).

Section 2. Review of Compliance of a Supervised Individual.

(1) Timing of compliance review. The compliance review shall be conducted when the probationer has a risk and needs reassessment pursuant to KRS 439.552 and 501 KAR 6:280, incorporating by reference CPP 29.1.

(2) Arrests. The officer supervising a probationer shall determine if the probationer has had any new arrests during the period of supervision. If the probationer has had an arrest, then the probationer shall not:

(a) Be eligible for recommendation of early termination of probation pursuant to KRS 439.552; and

(b) Be reviewed again for recommendation of early termination of probation.

(3) Reduction in risk factors. The officer supervising a probationer shall review the results of the most recent risk and needs assessment to determine whether there has been a reduction in the probationer's risk factors.

(4) Restitution and financial obligations. The officer supervising a probationer shall verify whether the probationer has:

(a) Satisfied all court ordered restitution; and

(b) Paid all other court ordered financial obligations at a minimum in the following manner:

Paid at least ninety (90) percent of a lump sum obligation; and
Shall not be more than one payment behind in scheduled payment obligations, including court ordered child support obligations, supervision fees, drug testing fees, or other similar payments.

(5) Case plan. The officer supervising a probationer shall review a probationer's case plan to determine if the probationer has met the requirements of the plan during the period of supervision as required in KRS 439.552(1)(a)1.

(6) Time on supervision. The officer supervising a probationer shall review the probationer's time on supervision to determine if the probationer has spent a minimum of eighteen (18) months on supervision.

(7) Supervision compliance. The officer supervising a probationer shall review the probationer's compliance with the terms of supervision to determine if the probationer has a minimum of the last twelve (12) months without violations.

Section 3. Recommendation to Court of Early Termination of Probation. If the probationer meets the requirements of KRS 439.552(1)(a) and (2) and Section 2 of this administrative regulation and an override pursuant to Section 4 of this administrative regulation is not used, then the officer shall submit to the releasing court a report that shall include the following:

(1) A description of the probationer's progress while under supervision including compliance with the regular conditions of supervision;

(2) Specific information related to the completion of any special conditions ordered by the releasing court;

(3) Other relevant information regarding compliance with court ordered conditions of supervision and community stability issues; and

(4) A request for early termination of probation.

Section 4. Override.

(1) If the officer has reason to believe that a probationer poses a significant risk to recidivate if the supervision is terminated early, the officer shall consult with the District Supervisor or designee and a decision may be made to issue an override.

(2) Override factors. Override factors for consideration shall include the following:

(a) High risk on risk and needs assessment;

(b) Very high risk on risk and needs assessment;

(d) Prior violent offense conviction;

(e) Pending charge against probationer;

(f) Pending or current emergency protective order (EPO);

(g) Pending or current domestic violence order (DVO); or

(h) Other factors of similar magnitude.

(3) If a decision is made to issue an override, then at least one (1) factor in subsection (2) of this section shall be identified in the decision and a recommendation for early termination shall not be made to the court.

(4) An override shall be documented in the offender management system.

Section 5. Subsequent Review of Probationers Not Recommended for or Granted Early Termination of Probation.

(1) If the probationer is not eligible for a recommendation for early termination from probation due to the failure to meet one or more requirements, with the exception of arrest, the officer shall review the probationer for a possible recommendation when the probationer has a risk and needs reassessment pursuant to KRS 439.552 and 501 KAR 6:280, incorporating by reference CPP 29.1.

(2) If the probationer is recommended for early termination of probation, but the court does not grant the early termination, the officer shall review the probationer for a possible recommendation when the probationer has a risk and needs reassessment pursuant to KRS 439.552 and 501 KAR 6:280, incorporating by reference CPP 29.1.

Section 6. Case Closure. If the court approves the recommendation for early termination of probation, the department shall discontinue supervision and close its probation case.

History

RELATES TO: KRS Chapters 196, 439
STATUTORY AUTHORITY: KRS 196.035, 439.470, 439.552
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 439.470, and 439.552 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions and to establish procedures for recommending early termination of probation. This administrative regulation establishes the procedures for recommendations for early termination of probation for a supervised individual who meets the criteria stated in KRS 439.552 and review of probation compliance of a supervised individual.
History: 38 Ky.R. 1916; 39 Ky.R. 211; eff. 8-31-12; Crt eff. 2-20-2020.

501 KAR 6:270 Probation and parole policies and procedures {#sec-501-kar-6-270 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:270}

Section 1. Incorporation by Reference.

(1) "Probation and Parole Policies and Procedures", May 8, 2018, are incorporated by reference. Probation and Parole Policies and Procedures include: 27-06-02Access to Services (Amended 6/4/15) 27-07-01Cooperation with Law Enforcement Agencies (Amended 6/4/15) 27-08-01Critical Incident Planning and Reporting and Use of Force (Amended 8/11/15) 27-09-01Community Resources (Amended 6/4/15)27-10-01Pretrial Diversion (Amended 6/4/15) 27-10-02Mandatory Re-Entry Supervision (Amended 2/14/18) 27-10-03Post-incarceration Supervision (Amended 6/4/15) 27-11-01Citizen Complaints (Amended 6/4/15) 27-11-02Employee-Offender Interaction (Amended 6/4/15) 27-12-01Case Classification (Amended 8/11/15) 27-12-03Initial Interview and Intake of New Case (Amended 8/11/15) 27-12-04Conditions of Supervision Document and Request for Modification (Amended 6/4/15) 27-12-05Releasee's Report Document (Amended 6/4/15) 27-12-06Grievance Procedures for Offenders (Amended 6/4/15) 27-12-07Administrative Caseloads (Amended 6/4/15) 27-12-11Guidelines for Monitoring Financial Obligations (Amended 6/4/15) 27-12-13Community Service Work (Amended 8/11/15) 27-12-14Offender Travel (Amended 6/4/15) 27-13-01Drug and Alcohol Testing, Assessment, and Referral of Offenders (Amended 2/14/18) 27-14-01Interstate Compact (Amended 5/8/18) 27-15-01Investigating and Reporting Violations and Unusual Incidents (Amended 6/4/15) 27-15-02Home Incarceration, Curfew, and Electronic Monitoring for Community Offenders (Added 6/4/15) 27-15-03Graduated Sanctions and Discretionary Detention (Amended 9/11/17) 27-16-01Search, Seizure, and Processing of Evidence (Amended 8/11/15) 27-17-01Absconder Procedure (Amended 7/11/12) 27-18-01Probation and Parole Issuance of Detainer or Warrant (Amended 5/8/18) 27-19-01Preliminary Revocation Hearing (Amended 6/4/15) 27-20-03Parole Compliance Credit (Amended 9/11/17) 27-21-01Apprehension of Probation and Parole Violators (Amended 2/14/18) 27-23-01In-state Transfer (Amended 2/14/18) 27-24-01Releasing Offender from Active Supervision (Amended 2/14/18) 27-24-02Reinstatement of Offenders to Active Supervision (Amended 7/11/12) 27-26-01Assistance to Former Offenders and Dischargees (Amended 7/11/12) 27-30-01Sex Offender Registration (Amended 12/16/11) 27-30-02Sex Offender Supervision (Amended 7/11/12) 28-01-01Probation and Parole Investigation Reports, Confidentiality, Timing, and General Comments (Amended 12/16/11) 28-01-02Probation and Parole Investigation Documents (Administrative Responsibilities) (Amended 12/16/11) 28-01-03Presentence, Post-sentence, and Other Investigative Reports (Amended 2/14/18) 28-01-08 Calculation of Custody Time Credit (Amended 5/8/18) 28-03-01Parole Plan Investigation, Half-way Houses, and Sponsorship (Amended 3/12/12) 28-03-02Release on Parole (Amended 12/16/11) 28-04-01Furlough Verifications (Amended 7/11/12)

(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/Pages/default.aspx.

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.3104, 439.3105, 439.3107, 439.345, 439.470, 439.551
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.3105, 439.3107, 439.345, 439.470, and 439.551 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Department of Corrections Division of Probation and Parole.
History: 501 KAR 006:270. 31 Ky.R. 1464; 1803; eff. 5-26-2005; 32 Ky.R. 1331; 1613; eff. 3-31-2006; 35 Ky.R. 1010; 1736; eff. 2-6-2009; 38 Ky.R. 1485; 1735; eff. 5-4-2012; 39 Ky.R. 272; 768; eff. 11-2-2012; 42 Ky.R. 99; 668; eff. 10-2-2015; 44 Ky.R. eff. 11-3-2017; 44 Ky.R. 2097, 2494; eff. 7-6-2018; Crt to Am, filing deadline 12-27-2026.

501 KAR 6:280 Risk and needs assessment {#sec-501-kar-6-280 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:280}

Section 1. Incorporation by Reference.

(1) "Department of Corrections policies and procedures for risk and needs assessment," May 15, 2024, are incorporated by reference. These policies and procedures include:

(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 https://corrections.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS 196.035, 197.020, 439.265, 439.3101, 439.3104, 439.3105, 439.331, 439.348, 439.480, 446.010
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.3101, 439.3104, 439.331
NECESSITY, FUNCTION, AND CONFORMITY: 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)(d), 439.3101(2)(a), 439.3104(1) and (2), and 439.331(1) require the Department of Corrections to promulgate an administrative regulation for the administration of a validated risk and needs assessment to assess the criminal risk factors and correctional needs of all inmates and offenders upon commitment to the department. This administrative regulation establishes the validated risk and needs assessment requirements for assessing the criminal risk factors and correctional needs of inmates and offenders.
History: 38 Ky.R. 1918; 39 Ky.R. 212; eff. 8-31-2012; 44 Ky.R. 1396; 1860; eff. 4-6-2018; 46 Ky.R. 2320; eff. 8-4-2020; 50 Ky.R. 2477; eff. 2-4-2025.

501 KAR 6:290 Southeast State Correctional Complex {#sec-501-kar-6-290 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:290}

Section 1. Incorporation by Reference.

(1) "Southeast State Correctional Complex policies and procedures", March 7, 2022, are incorporated by reference. Southeast State Correctional Complex policies and procedures include:

History

RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Southeast State Correctional Complex.
History: 48 Ky.R. 1978, 2484, 2593; eff. 7-5-2022.

501 KAR 6:300 News media {#sec-501-kar-6-300 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:300}

Section 1. Definitions.

(1) "DOC" means the Department of Corrections.

(2) "News media" means a form of mass media that focuses on delivering news to the general public, but does not include broadcast programs syndicated by independent producers, television stations, networks, or others for the primary purpose of entertainment.

(3) "PIO" means public information officer.

(4) "VSB" means the Victim Services Branch.

Section 2.

(1) A news media request or inquiry shall be handled by the Division of Public Affairs at the DOC headquarters in Frankfort, Kentucky.

(2) A request by a news media representative to visit an institution, probation and parole office, or other DOC office shall be reviewed on a case-by-case basis and a decision shall be rendered by the Division of Public Affairs in conjunction with the warden, director, or commissioner.

(3) Credentials. A state issued photo ID shall be required to verify the identity of a news media representative. An identification card issued by the reporter's place of employment may also be required if needed to verify the credentials of a media representative. In the absence of an employee identification card, the DOC may refuse admittance if the identification is suspect.

(4) Live broadcasts including television, radio, phone, and virtual communication from inside the perimeter of an institution shall not be permitted at any time.

(5) Arrangements for interviews and visits by representatives of the media shall be made in advance to the Division of Public Affairs. A brief summary of the purpose of the visit or interview shall be provided and shall be subject to approval. Approved interviews shall primarily be conducted virtually. Private prison and community center administrators shall refer all news media inquiries concerning DOC policies, DOC inmates, or DOC clients to the Division of Public Affairs.

(6) The Division of Public Affairs staff shall make this administrative regulation available in advance of a media visit to ensure that members of the news media are aware of the requirements. Each news media representative shall sign a Corrections Media Release Form upon each visit to a DOC institution or office, indicating familiarity with this administrative regulation and agree to abide by it. Failure by a news media representative to comply with this administrative regulation may result in immediate removal from the institution or office and may constitute grounds for denying the representative or his or her agency permission to attend future media events within a DOC institution or office.

Section 3. Inmate interviews and photographs.

(1) Media representatives may be permitted to interview an inmate if the inmate gives written consent to be interviewed. A news media representative wishing to interview an inmate shall submit to the Division of Public Affairs a brief summary of the purpose of the interview, which is subject to approval.

(2) An approved interview by a news media representative shall include only the news media representative, the inmate, and DOC staff. There shall not be anyone else present including family members, lawyers, or others.

(3) The Division of Public Affairs may establish time limits for an interview or other media event coverage.

(4) A news media interview shall not be permitted for an inmate in a high security unit, in protective custody, on watch, or on other significant medical or mental health status. An inmate involved in an internal affairs investigation may also be prohibited from granting interviews until that case is closed.

(5) The news media shall not interview an inmate away from institutional grounds except with direct authorization from the commissioner.

(6) An inmate shall not receive compensation or anything of value, in exchange for or as a result of participating in an interview. A media representative or entity who violates this stipulation may be restricted from further access to inmate interviews.

(7) The Division of Public Affairs may grant or deny an interview request. The Division of Public Affairs may consider safety and security concerns in an interview denial. The Division of Public Affairs may terminate an interview or coverage within a DOC facility if a disruption of any type occurs.

(8) A recording device may be used by a media representative during an interview with prior approval.

(9) If an inmate interview is approved, the Victim Services Branch shall review the inmate's information to determine if the inmate has any registered victims. The VSB shall attempt to contact a registered victim to notify the victim of the interview in advance of the interview.

(10) If a media visit has been approved, the media representative may take photographs of specific parts of the correctional institution or probation and parole office with approval of the appropriate warden or director.

(a) Media shall be escorted at all times while on institutional or office grounds by the designated staff.

(b) If news media films or photographs an inmate or an offender under supervision in which the inmate or offender may be identified, a signed copy of the Corrections Release Form shall be obtained from the inmate or offender to provide written consent before the video or photo may be shown or shared.

(11) Parole hearings. Because parole hearings are considered an open proceeding, an inmate who appears may be filmed, photographed, or recorded without signing a consent form; however, the general provisions of this section shall still apply to any interview before or after the hearing. Interviews shall not be conducted outside the parole hearing without prior DOC approval and the inmate's written permission using the Corrections Release Form.

Section 4. DOC Institutional Grounds.

(1) News media wanting to video or photograph the exterior of a correctional institution shall notify the Division of Public Affairs. News media shall remain in the parking lot. Any video or photograph obtained shall not include an identifiable inmate.

(2) High security areas, control centers, control panels and any other area designated by the warden for safety or security reasons shall not be filmed or photographed.

Section 5. Dissemination of Information.

(1) Dissemination of DOC information shall be the responsibility of the Division of Public Affairs including contact from a national or international news media representative.

(2) Institutional PIOs shall assist with the announcement of an escape or other incident within an institution as needed. Every effort shall be made to notify the family of an inmate involved in the emergency prior to the release of information to the media. Names of involved staff shall not be released to the media until the designated next of kin or family is notified.

(3) Individual staff members, contractors, or volunteers shall not respond to media inquiries unless they have received prior approval from the Division of Public Affairs.

(4) The Division of Public Affairs shall be informed of all correspondence sent to or received from a news media representative.

Section 6. Release of Information.

(1) The following information about an inmate, parolee, probationer, or other releasee may be provided to the news media:

(a) Name;

(b) Age;

(d) Physical description;

(e) Photograph;

(f) County where crime was committed;

(g) Crime;

(h) Sentence;

(i) Disciplinary information including incident and penalty;

(j) Institutional work assignments;

(k) Prior DOC incarceration; and

(l) Release eligibility.

(2) Any information regarding an inmate beyond the items listed in subsection (1) of this section, including health, juvenile criminal history, or substance use disorder treatment shall not be released except with prior approval from the Commissioner or designee and in compliance with KRS 610.015, 610.320, 610.340 and 635.120.

Section 7. Procedures During Emergency Situations. Admittance of a media representative to a correctional institution may be denied or limited during an emergency situation, including an escape, disturbance, fire, or natural disaster. However, with approval of the Deputy Commissioner of Adult Institutions and the Commissioner, the news media may be granted access to the institution once it is determined that access will not jeopardize the security or safety of any person.

(1) Media staging area. A pre-designated area shall be established for the media to use as a staging area during an emergency situation. This area shall be as close to the emergency scene as possible without inhibiting the resolution of the situation. News media representatives shall be directed to the staging area upon arrival.

(2) Press briefings. A briefing location for the media shall be established near the staging area. The news media shall be advised of developments by press releases. A final briefing shall be held or press release provided as soon as possible after the emergency situation is resolved.

(3) Media pools. With approval of the Deputy Commissioner of Adult Institutions and the Commissioner, a media pool may be formed to enter a correctional institution. Efforts shall be made to allow the media to use their equipment while serving as a pool reporter. The media pool shall be chosen from the media representatives assembled at the staging area with the selections made by DOC designated staff.

(4) Media pool agreement. Media selected for the media pool shall agree to ensure that all news material generated by the media pool will be made available to all media without right of first publication or broadcast.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Corrections Release Form", 2024; and

(b) "Corrections Media Release Form", 2024.

(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 regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.

History

RELATES TO: KRS Chapters 196, 197, 439, 610.015, 610.320, 610.340, 635.120
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 439.470
NECESSITY, FUNCTION, AND CONFORMITY: 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. KRS 439.470 requires the commissioner to promulgate administrative regulations for the conduct of persons placed on probation or parole but not conflict with conditions of the parole board or court. This administrative regulation establishes procedures concerning news media for the Department of Corrections.
History: 50 Ky.R. 2491; 51 Ky.R. 672, 878; eff. 2-4-2025.

501 KAR 6:310 Monitoring and operation of private prisons {#sec-501-kar-6-310 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:310}

Section 1. Definitions.

(1) "On-site contract monitor" means a Department of Corrections employee assigned on-site at the private prison that is responsible for ensuring that operations are in compliance with contract terms.

(2) "Private provider" is defined by KRS 197.500(2).

Section 2. Private Provider.

(1) A private provider shall have a contract with the Department of Corrections to house prisoners committed to the custody of the department.

(2) A private provider shall operate the private prison in accordance with statutory requirements, contract terms, Corrections Policies and Procedures, and ACA standards to obtain or maintain accreditation.

(3) The Department of Corrections shall ensure that the requirements and terms provided by statute and the contract are monitored.

Section 3. Monitoring.

(1) One (1) on-site contract monitor shall be assigned to each private prison.

(2) An on-site contract monitor shall be a full-time position.

(3) The on-site contract monitor shall not normally carry out routine duties of the private prison including manning posts. However, the on-site contract monitor may provide support in the form of specialized training and advice or during an emergency situation, with the approval of both the warden of the private prison and the Deputy Commissioner of Adult Institutions or designee.

History

RELATES TO: KRS Chapters 196, 197, 197.500-197.540, Chapter 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 197.525
NECESSITY, FUNCTION, AND CONFORMITY: 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. KRS 197.525 requires the department to promulgate administrative regulations governing the standards, operation, and management of adult correctional facilities that may be contracted for pursuant to KRS 197.505. This administrative regulation establishes the procedures concerning the monitoring and operation of private prisons for the Department of Corrections.
History: 50 Ky.R. 2493; 51 Ky.R. 880; eff. 2-4-2025.

501 KAR 6:320 Corrections policies and procedures: inmate funds {#sec-501-kar-6-320 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:320}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 2", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 2 includes:

(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.

History

RELATES TO: KRS Chapter 196, 196.270, Chapter 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, and government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. This administrative regulation establishes the policy and procedures concerning inmate funds for the Department of Corrections.
History: 50 Ky.R. 2495; 51 Ky.R. 880; eff. 2-4-2025.

501 KAR 6:340 Corrections policies and procedures: research and information {#sec-501-kar-6-340 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:340}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 5", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 5 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, 439, KRS 439.510
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 439.470.
NECESSITY, FUNCTION, AND CONFORMITY: 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. This administrative regulation establishes the policy and procedures concerning research and criminal justice data base use for the Department of Corrections.
History: 50 Ky.R. 2498; 51 Ky.R. 881; eff. 2-4-2025.

501 KAR 6:350 Inmate or offender on supervision record request {#sec-501-kar-6-350 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:350}

Section 1. Definitions.

(1) "Custodian" is defined by KRS 61.870(6).

(2) "Fee" means the copy cost of ten cents per page or the cost of the media used for disclosure of information and the cost to mail the records if applicable.

(3) "Information" means sharing knowledge or facts regarding a specific document, event, situation or condition.

(4) "Media" is defined by KRS 61.870(7).

(5) "Official custodian" is defined by KRS 61.870(5).

(6) "Open records coordinator" means the individual designated by the warden at each institution, the district supervisor at each probation and parole district office, and the individual designated by the commissioner in the Department of Corrections central office to receive, date, and process open records requests.

(7) "Public agency" is defined by KRS 61.870(1).

(8) "Public record" is defined by KRS 61.870(2).

(9) "Request" means a written document that requests the opportunity to inspect or copy a public record.

(10) "Resident of the Commonwealth" is defined by KRS 61.870(10).

Section 2. Fees. The fee for each page of a copy of a record shall be ten (10) cents unless the cost to produce the page is more than ten (10) cents not including staff time. The fee and any required postage shall be paid to the custodian or designee prior to the release of a copy of the public record, unless the fee or postage is waived. If the record is requested in a non-standard form, the custodian may require the costs of staff preparation to be paid in advance.

Section 3. Requests from an Inmate to an Institution in which the Inmate is Incarcerated.

(1) An inmate housed in a jail or state or private prison may obtain a copy of a public record that contains a specific reference to him to the extent allowed by law. The inspection of a public record by an inmate incarcerated in a jail or state or private prison that contains a specific reference to him:

(a) Shall be limited to the jail or state or private prison in which the inmate is incarcerated; and

(b) Shall not include special housing areas that preclude the inmate from moving about the jail or state or private prison, including special management, restrictive housing, medical department, or infirmary.

(2) An inmate shall make a request to the open records coordinator at the institution for a public record maintained in the electronic offender management system or the electronic health record to the institution in which the inmate is incarcerated.

(3) An inmate may use the form promulgated by the Office of the Attorney General to request a record. If the form is used, the written request shall include the inmate's cell, room, or housing assignment for the address and to prevent a delay in processing the inmate's name shall include the inmate's number. If the form is not used, the request shall contain the following information:

(a) The inmate's name and inmate number;

(b) Cell, room or housing assignment;

(d) Signature of person making the request.

(4) The request shall be made either:

(a) By institutional mail to the open records coordinator; or

(b) By first class U.S. mail to the open records coordinator or custodian of the record.

(5) An open records request shall be mailed and shall not be hand delivered given the security requirements of a correctional institution.

(6) If a copy of a public record is requested, the inmate shall provide with his request a money authorization allowing the cost to be deducted from his inmate account on the form required by his institution to allow for payment of the cost of the copy.

(a) If the inmate does not have sufficient funds for payment of the fee, he may request the opportunity to inspect the record if it is located at his institution and he is not prohibited from inspection because of access restrictions; or

(b) The inmate may send the request again upon receipt of sufficient funds to cover payment of the fee.

Section 4. Requests from an Inmate or Offender on Active Supervision to the Department of Corrections Central Office, a Probation and Parole District Office, or an Institution in which the Inmate is Not Incarcerated.

(1) An inmate shall:

(a) Follow the requirements for a request stated in Section 3 of this administrative regulation except for the money authorization and sending the request to the open records coordinator for the office or institution as appropriate; and

(b) Provide a check from his inmate account after being informed of the cost to obtain a copy of the record.

(2) An offender on active supervision shall provide a written request containing the following information:

(a) Name and address;

(b) A description of the public record being requested; and

(3) Prepayments shall not be sent unless the amount is the exact cost for the copies of the records and any necessary postage. A check or money order for the exact amount shall be sent after being informed of the cost to obtain a copy of the record.

History

RELATES TO: KRS Chapters 61, 196, 197, 422.317, 439, 510
STATUTORY AUTHORITY: KRS 61.876, 196.035, 197.020, 197.025, 197.110, 439.470
NECESSITY, FUNCTION, AND CONFORMITY: 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. KRS 197.025(2) authorizes the department to deny a request for a record from an offender who is incarcerated or on active supervision if the record does not contain a specific reference to the offender. KRS 422. 317 allows the department to provide medical records to inmates. KRS 439.470 requires the commissioner to promulgate administrative regulations for the conduct of persons placed on probation or parole but not conflict with conditions of the parole board or court. This administrative regulation establishes procedures for an offender record request.
History: 50 Ky.R. 2499; eff. 2-4-2025.

501 KAR 6:360 Corrections policies and procedures: safety and critical incident notification {#sec-501-kar-6-360 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:360}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 8", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 8 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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(5) 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. This administrative regulation establishes policies and procedures concerning safety and notification of critical incidents for the Department of Corrections.
History: 50 Ky.R. 2501; 51 Ky.R. 881; eff. 2-4-2025.

501 KAR 6:370 Corrections policies and procedures: security and control {#sec-501-kar-6-370 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:370}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 9", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 9 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.022, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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 197.020(1)(c) further authorizes the department to promulgate administrative regulations for the disposition of abandoned, lost, or confiscated property of prisoners. KRS 197.022(5) requires the cabinet to promulgate an administrative regulation concerning the transport of a prisoner to court for a civil action if ordered by the court. 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. This administrative regulation establishes policies and procedures concerning security and control for the Department of Corrections.
History: 50 Ky.R. 2503; 51 Ky.R. 882; eff. 2-4-2025.

501 KAR 6:380 Corrections policies and procedures: special management and restrictive housing inmates, safekeepers, and contract prisoners {#sec-501-kar-6-380 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:380}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 10", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 10 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, KRS 441.540, 441.550
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, character of food and diet of the prisoners, preservation of the health of the prisoners, daily cleansing of the penitentiary, cleanliness of the persons of the prisoners, general sanitary government of the penitentiary and prisoners, character of the labor, quantity of food and clothing, and the length of time during which the prisoners shall be employed daily. 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. This administrative regulation establishes policies and procedures concerning special management and restricted housing inmates, safekeepers, and contract prisoners for the Department of Corrections.
History: 50 Ky.R. 2504; 51 Ky.R. 882; eff. 2-4-2025.

501 KAR 6:390 Corrections policies and procedures: inmate diet {#sec-501-kar-6-390 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:390}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 11", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 11 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, character of food and diet of the prisoners, preservation of the health of the prisoners, cleanliness of the persons of the prisoners, general sanitary government of the penitentiary and prisoners, character of the labor, and quantity of food and clothing. 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. This administrative regulation establishes policies and procedures concerning inmate diet for the Department of Corrections.
History: 50 Ky.R. 2506; 51 Ky.R. 882; eff. 2-4-2025.

501 KAR 6:400 Corrections policies and procedures: inmate health care {#sec-501-kar-6-400 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:400}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 13", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 13 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, KRS 311.621-311.641, 439.3405
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, preservation of the health of the prisoners, and character of the labor and length of time during which the prisoners shall be employed daily. 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. This administrative regulation establishes policies and procedures concerning inmate health care for the Department of Corrections.
History: 50 Ky.R. 2507; 51 Ky.R. 883; eff. 2-4-2025.

501 KAR 6:410 Corrections policies and procedures: inmate life and issues {#sec-501-kar-6-410 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:410}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 14", January 13, 2025, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 14 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, KRS 402.050, 402.080, 510.120(1)(b)
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, preservation of the health of the prisoners, cleanliness of the persons of the prisoners, general sanitary government of the penitentiary and prisoners, character of the labor, and quantity of clothing. KRS 197.020(1)(c) further authorizes the Department of Corrections to promulgate administrative regulations for the disposition of abandoned, lost, or confiscated property of 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. This administrative regulation establishes policies and procedures concerning inmate life and issues for the Department of Corrections.
History: 50 Ky.R. 2509; 51 Ky.R. 1447; eff. 5-6-2025.

501 KAR 6:420 Corrections policies and procedures: inmate rules and discipline {#sec-501-kar-6-420 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:420}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 15", November 19, 2025, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 15 includes:

(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.501 KAR 6:420. Corrections policies and procedures: inmate rules and discipline.

History

RELATES TO: KRS Chapters 196, 197, KRS 197.045
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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 requires the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. This administrative regulation establishes policies and procedures concerning inmate rules and discipline for the Department of Corrections.
History: 501 KAR 006:420. 50 Ky.R. 2510; 51 Ky.R. 883; eff. 2-4-2025; 52 Ky.R. 1202, 1698; eff. 6-30-2026.

501 KAR 6:430 Corrections policies and procedures: communication, mail, and visiting {#sec-501-kar-6-430 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:430}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 16", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 16 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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. This administrative regulation establishes policies and procedures concerning communication, mail, and visiting for the Department of Corrections.
History: 50 Ky.R. 2512; 51 Ky.R. 674, 884; eff. 2-4-2025.

501 KAR 6:440 Corrections policies and procedures: inmate reception, orientation, and personal property {#sec-501-kar-6-440 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:440}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 17", May 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 17 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, 454.415
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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 quantity of food and clothing. 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. This administrative regulation establishes policies and procedures concerning inmate reception, orientation, and personal property for the Department of Corrections.
History: 50 Ky.R. 2513; 51 Ky.R. 884; eff. 2-4-2025.

501 KAR 6:450 Corrections policies and procedures: classification {#sec-501-kar-6-450 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:450}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 18", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 18 includes:

(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.

History

RELATES TO: KRS Chapter 196, 196.070, 196.073, 196.173, 196.610, Chapter 197, 197.140, 439.380, 440.450, 504.150, 640.070, 640.075
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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 the classification of prisoners and purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. This administrative regulation establishes policies and procedures concerning classification for the Department of Corrections.
History: 50 Ky.R. 2515; 51 Ky.R. 885; eff. 2-4-2025.

501 KAR 6:460 Corrections policies and procedures: inmate work programs {#sec-501-kar-6-460 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:460}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 19", November 19, 2025 , are incorporated by reference. Department of Corrections Policies and Procedures Chapter 19 includes:

(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.501 KAR 6:460. Corrections policies and procedures: inmate work programs.

History

RELATES TO: KRS Chapters 196, 197, 197.065, 197.070, 197.110, 197.120, 197.150
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.047, 197.110, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: 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, character of the labor, and length of time during which the prisoners shall be employed daily. KRS 197.047(2) requires the department to promulgate an administrative regulation governing prisoners working on governmental services program-related projects. KRS 197.047(5) requires the department to promulgate an administrative regulation setting forth the amount of compensation a prisoner shall earn for any work-related project. KRS 197.110 requires the department to promulgate administrative regulations it deems necessary and proper for classification of prisoners, conditions of inmate work assignments, and inmate pay for work. This administrative regulation establishes policies and procedures concerning inmate work programs for the Department of Corrections.
History: 501 KAR 006:460. 50 Ky.R. 2516; 51 Ky.R. 675, 885; eff. 2-4-2025; 52 Ky.R. 1204; eff. 6-30-2026.

501 KAR 6:470 Corrections policies and procedures: inmate education and training {#sec-501-kar-6-470 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:470}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 20", November 19, 2025, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 20 includes:

(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.501 KAR 6:470. Corrections policies and procedures: inmate education and training.

History

RELATES TO: KRS Chapters 196, 197, 197.045, 439.268
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: 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 requires the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 439.268 authorizes the department to promulgate administrative regulations for the awarding of probation program credits. This administrative regulation establishes policies and procedures concerning inmate education and training for the Department of Corrections.
History: 501 KAR 006:470. 50 Ky.R. 2518; 51 Ky.R. 677, 886; eff. 2-4-2025; 52 Ky.R. 1206, 1698; eff. 6-30-2026.

501 KAR 6:480 Library services {#sec-501-kar-6-480 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:480}

Section 1. Definition. "Librarian" means a person available to the institution who is responsible for providing assistance in coordinating and supervising library services within a specific institution and shall have a master's degree in library science, information resources, media services, or related degree who assists with coordination and supervising library research.

Section 2. Library Services.

(1) The library shall be open daily and have evening hours according to a posted schedule.

(2) A circulation program shall provide suitable materials for inmate use.

(3) The librarian shall coordinate the selection, acquisition, classification, cataloging, organization and circulation of all library materials to meet education, informational and recreational needs of inmates.

(4) Legal library. An electronic law publication database shall be maintained at all correctional institutions in compliance with Corrections Policy and Procedure 14.4 incorporated by reference in 501 KAR 6:410. The legal library shall have regular hours on a weekly basis according to a posted schedule.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, and government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. This administrative regulation establishes the policy and procedures concerning library services for the Department of Corrections.
History: 50 Ky.R. 2519; eff. 2-4-2025.

501 KAR 6:490 Corrections policies and procedures: inmate recreation and activities {#sec-501-kar-6-490 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:490}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 22", October 15, 2024, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 22 includes:

(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.

History

RELATES TO: KRS Chapters 196, 197, 439.600, 439.610
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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. This administrative regulation establishes policies and procedures concerning inmate recreation and activities for the Department of Corrections.
History: 50 Ky.R. 2521; 51 Ky.R. 886; eff. 2-4-2025.

501 KAR 6:500 Religious programs {#sec-501-kar-6-500 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:500}

Section 1. Definitions.

(1) "Chaplain" means a correctional employee or approved volunteer authorized to provide religious counsel, instruction, and advice to inmates and to provide a system of services or religious volunteers, ecclesiastical visitors, and guests for inmates.

(2) "Institutional Religious Center" or "IRC" means the designated area where religious services are conducted.

(3) "KDP" means Kosher Diet Program.

(4) "Religion Reference Manual" means the "Kentucky Department of Corrections Religion Reference Manual," incorporated by reference in 501 KAR 6:080.

(5) "Religious items" means items associated with a particular religious faith.

(6) "Religious practice" means outwardly observable manifestations of religious beliefs including:

(a) Participating in congregations and meetings;

(b) Engaging in rituals and ceremonies;

(d) Wearing special items of clothing, jewelry, hairstyles, or beards;

(e) Adhering to special diets; and

(f) Participating in special activities characteristic of a particular religion or adherents of a particular religion.

Section 2. Religious Practice.

(1) An inmate may participate in practices of his religious faith. The Religion Reference Manual shall be used for religious practice questions. If a religious item or practice is not represented in the Religion Reference Manual, an inmate may request a religious item or practice by following the procedure in Section 4(10) of this administrative regulation.

(2) The religions listed in the Religion Reference Manual shall be treated in an equal manner. The institution shall assist in the research of a religion or religious practice not addressed in the Religion Reference Manual.

(3) Religious practices shall be limited only by articulated facts showing a threat to the safety of persons involved in an activity, the safety of the institution, or that the activity itself disrupts order in the institution.

(4) Religious practices shall include religious publications, religious symbols, congregational religious services, individual and group counseling, and religious study classes.

(5) The following religious practices and activities shall not be authorized:

(a) Animal sacrifice;

(b) Language or behavior that may reasonably be construed as a threat to safety, security, or the orderly running of the institution;

(d) Self mutilation;

(e) Use, display, or possession of a weapon or an item that may appear to be a weapon;

(f) Paramilitary exercises;

(g) Self-defense training;

(h) Sexual acts;

(i) Profanity;

(j) Consumption of alcohol;

(k) Ingestion of illegal substances;

(l) Proselytizing;

(m) Inscription;

(n) Disparagement of other religions; and

(o) Tobacco products.

(6) An inmate shall not be allowed special services or to receive additional literature, religious icons, or other religious items at one institution that are not allowed at other institutions. Each institution shall follow the uniform requirements of this administrative regulation.

(7) An inmate shall not be coerced, harassed, or ridiculed due to religious affiliation.

Section 3. Chaplain.

(1) Each institution shall provide a chaplain who plans, directs, and coordinates all aspects of the religious program including approval and training of both lay and clergy volunteers from faiths represented by the inmate population.

(2) If the chaplaincy staff or volunteers do not include a religious leader of an inmate's faith, the chaplain shall assist the inmate in contacting a person who has the appropriate credentials from the faith judicatory. That person may minister to the inmate under the supervision of the chaplain.

(3) The chaplain shall:

(a) Coordinate scheduling of all religious programs;

(b) Supervise all chaplaincy students; and

Section 4. Religious Programming.

(1) The institution shall provide space and equipment adequate for the conduct and administration of each religious program.

(2) In an institution that uses a common worship area, adequate space shall be provided for religious emblems and other items used during worship.

(3) The institution shall maintain a basic library of religious reading materials that includes required literature of faiths represented by the inmate population.

(4) Congregate religious items shall not remain outside or be a permanent structure or fixture.

(5) Services and ceremonies.

(a) Each institution shall provide religious services.

(b) A specific religious service and ceremony may be provided based upon the inmate's stated religious preference.

(6) Religious headwear.

(a) An inmate who has expressed a religious preference listed below may wear the following religious headwear in the institution as follows:

(b) Ceremonial headwear. An inmate may have one (1) ceremonial headwear in addition to the three (3) items of religious headwear. A headband shall be worn only in a circle covering the forehead, but not the crown of the head. An inmate who has expressed one (1) of the following religious preferences may wear the following ceremonial headwear in the IRC only. It shall not be worn to and from the chapel or in any other area of the institution:

(7) An inmate who chooses a religious preference that allows for a dress as a personal religious item may be issued the uniform dress as specified in CPP 17.1 incorporated by reference in 501 KAR 6:440.

(8) Religious objects and literature. The institution shall permit an inmate to possess items identified in the Religion Reference Manual as personal religious items. Items essential for faith practice shall be purchased through the contracted commissary provider, if available, at the inmate's expense.

(9) Religious diets.

(a) The department shall, to the extent it is feasible and within appropriate institutional resources, provide each inmate with the opportunity to satisfy the minimum dietary requirements deemed essential by the Religion Reference Manual. The department shall offer an alternate diet meal program and a Kosher diet meal program.

(b) If an inmate requests to participate in the Kosher Diet Program, the inmate shall receive counseling from the chaplain regarding the provisions of the KDP and shall sign the Kosher Diet Participation Agreement incorporated by reference in this administrative regulation. The provisions of the Kosher Diet Participation Agreement shall go into effect on the day the Agreement is signed, unless the institutional food service department does not have a Kosher meal for the newly signed up inmate. The chaplain shall notify the food service department in writing that the inmate has signed the KDP Agreement. The food service department shall immediately request adequate Kosher meals to accommodate the request.

(c) If the inmate signs the agreement at an institution that does not have a Kosher kitchen, the inmate may continue to eat the regular diet until the inmate is transferred to an institution equipped for Kosher meal preparation. If the inmate is housed in special management, he shall be required to complete any disciplinary time prior to transfer to an institution equipped for Kosher meal preparation.

(10) New religious components. If a request is made for a religious service not represented at the institution, the chaplain shall review the request with the warden or designee.

(a) If the request is in compliance with the Religion Reference Manual, it shall be implemented.

(b) If the request is for a religion or religious practice that is not represented in the Religion Reference Manual, then the following process shall be used:

The inmate shall submit to the chaplain a written request and include the history of the religion or practice and state any necessary personal religious items and congregate items for practice.
The chaplain shall review the request and submit his written recommendation along with the original request to the deputy warden.
The deputy warden shall review and submit his written recommendation along with all documentation to the Director of Operations or designee.
The Director of Operations or designee shall review all documentation submitted based on the requirements of this administrative regulation. The Director of Operations or designee shall notify all parties in writing of the decision. If the decision affects the Religion Reference Manual or Corrections Policy and Procedure, the revisions shall be made during the next review period. If the decision affects the department, the Director of Operations or designee shall notify all institutions of the approved changes to be implemented.

(c) If the request is one that is listed in Section 2(5) of this administrative regulation, a review by the Director of Operations shall not be necessary.

Section 5. Religious Funding.

(1) An IRC fund, apart from the institutional budget, may be established for the religious program and may be used for the following:

(a) Purchase of religious literature, music, and other materials;

(b) Purchase of equipment, including sound and music equipment, for operation and maintenance of the program; or

(2) Any inmate may donate to the IRC fund.

(3) A donation by a private citizen or community group may be accepted into the fund.

(4) Any request for an expenditure of IRC funds shall be submitted by the chaplain to the warden or his designee for final approval through a requisition that describes the purchase or expenditure and a brief justification.

(5) A separate checking account requiring signatures of any two (2) of the following shall be maintained for the IRC fund:

(a) Chaplain;

(b) Warden; or

Section 6. Inmate Faith Group. An inmate faith group shall not engage in any fundraising activity. A ceremonial meal shall not be funded by the IRC fund, a private citizen, an inmate donation, or a community group.

Section 7. Inmate Responsibilities.

(1) Upon entry into the correctional system, an inmate's stated religious preference shall be recorded in the offender management system.

(2) An inmate may change his religious preference every six (6) months by contacting the institutional chaplain.

(3) The inmate shall seek a job or program assignment that does not conflict with his beliefs and practices.

(4) An inmate request for a special service or ceremony shall be made at least sixty (60) days prior to the requested date. This request shall be made in writing to the chaplain and shall include a statement of the reason for the request. The chaplain shall review the request following the procedure in Section 4(10)(b) of this administrative regulation.

(5) If an inmate changes his religious preference, the inmate shall surrender all sacred items related to the former religious preference listed in CPP 17.1 and the Religion Reference Manual.

(6) Institutional staff shall use a sign-up sheet for religion specific ceremonial meals and activities to determine inmate participation to properly advise the food service department to ensure the adequate amount of meals are provided. Failure to sign up in accordance with the posted sign-up sheet requirements shall result in non-participation for that meal or activity.

Section 8. Communication between an inmate and a chaplain or volunteer that presents a safety or security concern within an institution shall not be confidential.

Section 9. Training. Training shall be provided to the chaplains and religious services staff. Staff who have direct contact with inmates shall receive training concerning religious practices developed or approved by the Division of Corrections Training.

Section 10. Incorporation by Reference.

(1) "Kosher Diet Participation Agreement", 2024, is incorporated by reference.

(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.

History

RELATES TO: KRS Chapters 196, 197, 197.270, 197.275
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110
NECESSITY, FUNCTION, AND CONFORMITY: 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, and government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. This administrative regulation establishes the procedures concerning religious programs for the Department of Corrections.
History: 50 Ky.R. 2522; 51 Ky.R. 886; eff. 2-4-2025.

501 KAR 6:510 Corrections policies and procedures: release preparation and temporary release {#sec-501-kar-6-510 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:510}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 25", November 19, 2025, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 25 includes:

(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.501 KAR 6:510. Corrections policies and procedures: release preparation and temporary release.

History

RELATES TO: KRS Chapters 196, 197, 197.120, 197.140, 197.170, 197.175, 421.500, 439.3110, 439.3405, 439.590, 439.600, 439.610, 440.010, 441.146, 441.148, 532.200-532.262
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 441.148
NECESSITY, FUNCTION, AND CONFORMITY: 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 requires the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 441.148(1) requires the department to promulgate administrative regulations to establish standards for the operation of reentry centers established pursuant to KRS 441.146. This administrative regulation establishes policies and procedures concerning release preparation and temporary release for the Department of Corrections.
History: 501 KAR 006:510. 50 Ky.R. 2526; 51 Ky.R. 888; eff. 2-4-2025; 52 Ky.R. 1208, 1699; eff. 6-30-2026.

501 KAR 6:520 Citizen involvement, volunteer, and reentry mentor service programs {#sec-501-kar-6-520 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:520}

Section 1. Definitions.

(1) "Certified volunteer" means an individual not employed by the Department of Corrections (DOC) who provides specified services to the inmate population on an on-going basis and has met the certification requirements.

(2) "DOC" means Department of Corrections.

(3) "Non-certified volunteer" means an individual not employed by the DOC who provides specified services to the inmate population and has not met the certification requirements.

(4) "Reentry mentor" means a volunteer who is affiliated with a community- or faith-based organization, which has collaborated with the Division of Reentry Services, to assist offenders in transitioning into the community from incarceration or on supervision under the Division of Probation and Parole.

(5) "Reentry Mentor Coordinator" means a person within the Division of Reentry Services who is designated by the director to facilitate reentry mentor activities.

(6) "Special event volunteer" means an individual or member of a group not employed by the DOC who is involved in a selected activity that does not occur on a regular basis.

(7) "Student volunteer" means a student enrolled in a college or university who gains unpaid work experience that may enhance their skills and abilities and encourage a career with the DOC.

(8) "Volunteer coordinator" means the person at an institution who is designated by the warden to facilitate volunteer activities.

(9) "Volunteer services" means any specified service made available to the inmate population that involves contact or interactions with an approved volunteer providing a specified service.

Section 2. Volunteer Programs.

(1) A volunteer program shall have a stated purpose.

(2) Each correctional institution shall have a volunteer coordinator designated by the warden. The volunteer coordinator shall be responsible for recruiting volunteers and coordinating training and assignment of volunteers.

(3) Inmates at an institution shall be notified of the programs and opportunities available at the correctional institution through posted information, announcements, or other notification methods designed to reach the inmate population or eligible inmates.

Section 3. Volunteer Standards of Conduct.

(1) A volunteer shall not use employee time, facilities, equipment, or supplies of the Commonwealth for private purposes.

(2) The use of intoxicants shall not be tolerated.

(3) A volunteer shall not exchange a gift or favor with an inmate or family member of an inmate without approval of the warden or designee.

(4) A volunteer shall not become romantically involved with an inmate.

(5) A volunteer shall maintain confidentiality of records and inmate information.

(6) A volunteer may exchange information with an inmate consistent with the mission of the volunteer program.

Section 4. Volunteer Application Process.

(1) An individual may apply to become a volunteer for the DOC at any DOC correctional institution.

(2) Information about applying to be a volunteer may be obtained from the volunteer coordinator at the correctional institution. Institutional contact information may be located on the DOC Web site in the area for adult institutions.

(3) An applicant shall notify the volunteer coordinator of any criminal record and provide necessary information and authorization to obtain a background check. A criminal record shall be considered but may not necessarily preclude an individual from becoming a volunteer.

(4) The applicant may be interviewed.

(5) The applicant may be asked to submit to a drug test.

(6) The applicant shall be notified in writing if the applicant is accepted or rejected as a volunteer.

(7) The application of a volunteer shall be reviewed by the warden or designee before an applicant is rejected as a volunteer.

(8) The applicant accepted to be a volunteer shall agree to abide by the volunteer standards of conduct and all institutional policies, particularly those relating to the security and confidentiality of information and records by signing the Volunteer Confidentiality and Conduct Agreement incorporated by reference in this administrative regulation.

Section 5. Certified Volunteer.

(1) An applicant to be a certified volunteer shall:

(a) Be at least eighteen (18) years of age; and

(b) Provide all requested information when making an application to become a volunteer.

(2) A certified volunteer shall be eligible to provide services to all institutions.

(3) Certified volunteer orientation and training.

(a) The volunteer shall receive an orientation to the institution, including a tour with emphasis on the area in which the volunteer will work. A volunteer working in multiple institutions shall receive an orientation and tour of each institution.

(b) The volunteer shall complete the training program developed by the Division of Corrections Training.

(c) The volunteer shall complete annual training as required by the Division of Corrections Training. Failure to complete annual training shall result in the volunteer being removed from the volunteer list.

(4) Certified volunteer registration and identification.

(a) Upon completion of orientation and training, the certified volunteer shall be assigned an identification card. This identification card shall be maintained at all institutions where the person volunteers.

(b) Upon entering an institution to volunteer, the certified volunteer shall present a picture ID and receive his institutional volunteer ID. The personal picture ID shall be returned to the volunteer upon surrender of the institutional volunteer ID as the volunteer exits the institution.

(c) The identification information maintained on the volunteer shall include photograph, address, current telephone number, and emergency contacts. It may include other relevant information.

(5) A certified volunteer shall submit a schedule to the volunteer coordinator.

Section 6. Non-certified and Special Event Volunteers.

(1) A non-certified or special event volunteer shall not be required to be eighteen (18) years old or complete the training required to be a certified volunteer.

(2) A non-certified or special event volunteer shall always be accompanied by a DOC staff member or a certified volunteer. The accompanying certified volunteer shall not be a student volunteer.

(3) A non-certified or special event volunteer shall be admitted to the institution in accordance with the institutional policy for visitors incorporated by refence in the administrative regulation for the applicable correctional institution in 501 KAR Chapter 6.

Section 7. Student Volunteer.

(1) A student enrolled in a college or university shall be eligible to apply to be a student volunteer.

(2) A student volunteer shall not receive compensation for the student volunteer's services.

(3) A student volunteer may earn academic credit for the student volunteer's service, if accepted by the student's college or university.

(4) Information about applying to be a student volunteer may be obtained from the Justice and Public Safety Cabinet Office of Human Resource Management.

(5) An applicant shall notify the Office of Human Resource Management of any criminal record and provide necessary information and authorization to obtain a background check. A criminal record shall be considered but may not necessarily preclude an individual from becoming a volunteer.

(6) The applicant may be interviewed.

(7) The applicant may be asked to submit to a drug test.

(8) A student volunteer shall always be accompanied by a DOC staff member or a certified volunteer. The accompanying certified volunteer shall not be a student volunteer.

Section 8. Volunteer Review and Termination.

(1) A volunteer program shall be reviewed annually by the volunteer coordinator to ensure that the program is meeting stated goals and continuing to enhance services provided to the inmate population.

(2) A volunteer shall be reviewed annually to evaluate the volunteer's participation in the volunteer program. A volunteer may be terminated for inadequate participation, security issues, or other relevant issues.

(3) Any volunteer or program deemed to threaten the security of the institution shall be discontinued or limited until the problem is resolved.

Section 9. Reentry Mentor Program.

(1) The Division of Reentry Services shall maintain a list of mentors and the mentor's affiliated organization.

(2) The director of the Division of Reentry Services shall designate a reentry mentor coordinator. The reentry mentor coordinator shall be responsible for recruiting reentry mentors and coordinating training and assignment of reentry mentors.

(3) Inmates shall be notified of the mentor services available through posted information, announcements, or other notification methods designed to reach the inmate population or eligible inmates.

(4) The Division of Reentry Services shall review and evaluate reentry-related and mentoring programs annually.

Section 10. Reentry Mentor.

(1) An applicant to be a reentry mentor shall:

(a) Be affiliated with a DOC recognized community or faith-based partner organization and have a recommendation from the leadership of that organization;

(b) Be a certified volunteer; and

(2) The applicant shall be notified in writing if the applicant is accepted or rejected as a reentry mentor.

(3) The application of a reentry mentor shall be reviewed by the director of the Division of Reentry Services or designee before an applicant is rejected as a reentry mentor. The Director of the Division of Reentry Services or designee shall review the application and the reasons for the rejection and make a final determination.

Section 11. Mentor Orientation and Training.

(1) The reentry mentor shall complete a training program developed by the Division of Corrections Training and Division of Reentry Services.

(2) The reentry mentor shall agree in writing to abide by the mentor standards of conduct and all DOC and institutional policies by signing the Mentor Confidentiality and Conduct Agreement incorporated by reference in this administrative regulation.

(3) A reentry mentor shall complete annual training and other training as required by the Division of Reentry Services. Failure to complete annual training shall result in the reentry mentor being removed from the approved reentry mentor list.

Section 12. Reentry Mentor Standards of Conduct.

(1) A reentry mentor shall not use DOC employee time, facilities, equipment, or supplies for private purposes.

(2) The use of intoxicants shall not be tolerated.

(3) A reentry mentor shall not become romantically involved with an inmate or an individual under supervision within the DOC.

(4) A reentry mentor may make electronic contact by telephone or email with an assigned mentee within reason (as outlined by the Reentry Mentor Coordinator) for reentry planning purposes.

(5) A reentry mentor shall be of the same gender as the assigned mentee.

Section 13. Reentry Mentor Review and Termination.

(1) A reentry mentor shall be reviewed annually to evaluate the reentry mentor's participation in the reentry mentor program. A reentry mentor may be terminated for inadequate participation, security issues, or other relevant issues.

(2) Any reentry mentor deemed to threaten the security of the institution shall be discontinued or limited by the warden or designee until the issue is resolved.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Volunteer Confidentiality and Conduct Agreement", 2024; and

(b) "Mentor Confidentiality and Conduct Agreement", 2024.

(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.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: 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. KRS 439.640 requires the commissioner to recommend administrative regulations to implement the provisions of the vocational training program. This administrative regulation establishes the procedures concerning citizen involvement, volunteer, and reentry mentor service programs for the Department of Corrections.
History: 50 Ky.R. 2527; 51 Ky.R. 889; eff. 2-4-2025.

501 KAR 6:530 Corrections policies and procedures: programs and sentence credits {#sec-501-kar-6-530 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:530}

Section 1. Incorporation by Reference.

(1) "Department of Corrections Policies and Procedures, Chapter 30", November 19, 2025, are incorporated by reference. Department of Corrections Policies and Procedures Chapter 30 includes:

(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.501 KAR 6:530. Corrections policies and procedures: programs and sentence credits.

History

RELATES TO: KRS Chapters 196, 197, 197.400 - 197.440, Chapter 439
STATUTORY AUTHORITY: KRS 196.035, 196.111, 197.020, 197.110, 439.3101, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: 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 196.111 requires the Department of Corrections to promulgate administrative regulations for an evidence-based practices review process. 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 requires the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 439.3101 requires the department to promulgate administrative regulations that require the supervision and treatment of supervised individuals in accordance with evidence-based practices. KRS 439.640 requires the department to promulgate administrative regulations to implement the provisions of the vocational training program for inmates in the last ninety (90) days of confinement. This administrative regulation establishes policies and procedures concerning programs and sentence credits for the Department of Corrections.
History: 501 KAR 006:530. 50 Ky.R. 2530; 51 Ky.R. 678, 891; eff. 32-4-2025; 52 Ky.R. 1211, 1699; eff. 6-30-2026.

501 KAR 6:540 Inmate record {#sec-501-kar-6-540 omnilex-key=us-ky-regs-official--title-501--501 KAR 6:540}

Section 1. Definitions.

(1) "Access" means the ability to view the contents of an inmate record.

(2) "Committed name" means an inmate's name, as it appears on the court order committing the inmate to department's custody, at the time of the inmate's initial commitment to the custody of the Department of Corrections.

(3) "Inmate record" means the official record maintained within the offender management system for an inmate committed to the Department of Corrections for service of a felony sentence.

Section 2. Inmate Record.

(1) The official inmate record shall be maintained in the electronic offender management system for an inmate committed to the Department of Corrections. If an inmate does not exist in the offender management system, the inmate shall be entered into the offender management system upon notice of commitment and sentencing to create an electronic inmate record for the inmate.

(2) The inmate record, along with all official documents retained within the inmate record, shall use the inmate's committed name. Any other names used by an inmate shall be considered an alias and documented as an alias within the inmate record.

(3) The inmate record shall be securely maintained and access limited to authorized users. The contents of the inmate record shall be confidential unless release is required by law, including KRS 61.870 – 61.884. Prior to release authorized by KRS 61.870 – 61.884, information contained in the inmate record shall be carefully evaluated to ensure the release of information will not endanger either the inmate or others and is not prohibited by law. Exemptions to KRS 61.870 – 61.884 may apply.

(4) All judgments, pre-sentence investigations, and risk assessments performed by the department shall be retained as part of the inmate's electronic inmate record in the offender management system. The following records to the extent that they exist for an inmate shall be maintained in the inmate record:

(a) Classification:

Forty-eight (48) hour notice;
Classification appeal;
Conflict questionnaire;
Conflict resolution;
Correctional Psychiatric Treatment Unit segregation contract;
CPTU treatment plan;
CPTU voluntary form;
Criminal history;
Custody classification form signed;
General classification correspondence;
Good time restoration;
Inmate family emergency notification form;
Risk assessment score/plan;
Miscellaneous (classification);
On-the job training form;
Orientation;
Protective custody form;
Protective custody refusal;
Receipt of handbook;
Request for special reclass;
Transfer authorization form; and
Waiver of forty-eight (48) hour notice;

(b) Judgments/Detainers/Legal:

Administrative remedy request/response;
Central office records (required in writing by commissioner or designee);
Court orders (other);
Court orders (sentencing);
Detainer;
Documentation of time custody sheet;
Executive clemency;
General correspondence (Offender Information Services);
Hold;
Inmate grievance;
Institution records(required in writing by warden or designee);
Miscellaneous (other);
Miscellaneous (Offender Information Services);
Open records request/response;
Orders for appearance; and
Warrant;

Classification appeal;
General services psychological evaluations;
Home incarceration application;
Mandatory reentry supervision;
Miscellaneous (parole/release);
Notice of discharge;
Parole Board correspondence;
Parole Board reading material;
Parole Board vote sheets;
Parole certificate;
Parole risk assessment;
Pre parole progress report;
Presumptive parole;
PSI;
Sex offender conditional discharge plan;
Supervision risk assessment score/plan;
Victim impact statement/letter; and
Victim notification letter;

(d) Programs:

College diploma;
Educational good time form;
GED;
General correspondence (Programs);
Miscellaneous (Programs);
Pathfinders;
Prerelease program;
Substance Abuse Program acceptance;
SAP appeal;
SAP completion;
SAP non-acceptance;
SAP termination;
Sex offender treatment program report;
SOTP acceptance;
SOTP appeal;
SOTP completion;
SOTP non-acceptance;
SOTP termination; and
Vocational diploma;

(e) Security:

Forty-eight (48) hour notice;
Authorization to delete visitor form;
Behavioral control report;
Bedside/funeral visit;
Controlled work assignment form;
Detention order;
Emergency notification;
Extraordinary occurrence report;
Jail report for disciplinary violation;
Media release form;
Miscellaneous (security);
Occurrence report;
Removal of visitation restriction;
Request for special reclass;
Transportation alert review;
Visitation restriction;
Visiting information form;

(f) Offender Standard Forms:

Affidavit to revoke;
Client profile report;
Conditions of supervision;
Custody classification form signed;
Custody time credit;
Detention order;
Disciplinary report - part I;
Disciplinary report - part I (prior);
Disciplinary report - part II;
Disciplinary report - part II (prior);
Escape notice flyer;
Final disposition hearing note;
Final parole revocation hearing note;
Grievance acknowledgement letter;
Grievance investigation worksheet;
Grievance warden response letter;
Initial custody classification;
Interstate transfer request;
Interstate compact investigation request;
Mandatory reentry supervision results of final revocation hearing;
MRS revocation hearing note;
MRS violation warrant;
Parole Board assessment summary;
Parole denied order;
Parole recommended order;
Parole violation warrant;
Pre-parole progress form;
Pre/post-sentence investigation;
Prisoner status change;
Probation revocation PSI update;
Postincarceration supervision results of final revocation hearing
PS revocation hearing note;
PS violation warrant;
Re-classification custody;
Reply to interstate compact transfer investigation request;
Request for reduction in custody;
Results of final disposition hearing;
Results of parole revocation rearing;
Sex offender conditional discharge results of final revocation hearing;
SOCD revocation hearing note;
SOCD violation warrant;
Sex offender postincarceration supervision results of final revocation hearing;
SOPS revocation hearing note;
SOPS violation warrant;
Special supervision report;
Supplemental investigation (PSI);
Transfer authority;
Transfer request (in-state P&P);
Travel permit;
Victim notification; and
Violation of supervision report.

Section 3. Use of Committed Name and Name Change.

(1) If an inmate obtains a legal name change by court order or other valid legal process after commitment to the DOC, the inmate may provide a copy of the name change order or other valid legal process to the Offender Information Services Office at his institution to register the name as an alias in the inmate record. The inmate shall continue to use the original committed name and inmate number on all forms for or correspondence with the department but may also use the legally changed name as well.

(2) An inmate may use an alias on documents to and for the department if the committed name and number are used first.

History

RELATES TO: KRS Chapters 196, 197
STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.110, 439.470
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations deemed necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020 requires the Department of Corrections to promulgate administrative regulations for the government and discipline of the penitentiary and for the government and official conduct of all officials connected with the penitentiary, and for the government of the prisoners in their deportment and conduct. KRS 197.110 authorizes the department to promulgate administrative regulations for purposes as the department deems necessary and proper for carrying out the intent of KRS Chapter 197. KRS 439.470 requires the commissioner to promulgate administrative regulations for the conduct of persons placed on probation or parole except not conflict with the conditions of probation imposed by the court or conditions of release imposed by the Parole Board. This administrative regulation establishes procedures concerning the inmate record for the Department of Corrections.
History: 50 Ky.R. 2532; eff. 2-4-2025.

Chapter 7 Jail Standards for Restricted Custody Center Facilities

501 KAR 7:010 Definitions for 501 KAR Chapter 7 {#sec-501-kar-7-010 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:010}

Section 1. Definitions.

(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

(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

(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.

History

RELATES TO: KRS 67.900, 67A.028, 67B.020(1), 441.045, 441.055, Ky. Const. Sec. 99, 152
STATUTORY AUTHORITY: KRS 196.035, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes definitions for 501 KAR Chapter 7, regulating restricted custody centers.
History: 13 Ky.R. 815; eff. 11-11-1986; Am. 22 Ky.R. 1359; 1599; eff. 3-7-1996; 26 Ky.R. 174; 27 Ky.R. 87; eff. 7-17-2000; 31 Ky.R. 1729; eff. 7-1-2005; 2969; 38 Ky.R. 583; eff. 10-7-2011; 42 Ky.R. 1957; 2347; eff. 3-4-2016; 50 Ky.R. 1962; eff. 9-3-2024.

501 KAR 7:020 Administration; management {#sec-501-kar-7-020 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:020}

Section 1. Policy, Procedure, and Organization.

(1) The jailer shall develop and maintain an organizational chart and a policy and procedures manual that has been adopted by the governing authority and filed with the department.

(2) The written policy and procedures manual shall be available to employees.

(3) The policy and procedures manual shall include the following aspects of the center's operation:

(a) Administration;

(b) Fiscal management;

(d) Security and control;

(e) Sanitation and management;

(f) Medical services;

(g) Food services;

(h) Emergency and safety procedures;

(i) Classification;

(j) Prisoner programs;

(k) Prisoner services; and

(l) Admission and release.

(4) The policy and procedures manual shall be reviewed, updated, and any changes approved by the governing authority at least annually. Each revision shall be marked with the effective date and filed with the department.

Section 2. Public Information.

(1) The jailer shall develop and implement a procedure for the dissemination of information about the center to the public, to government agencies, and to the media. The public and prisoners shall have access to the procedure.

(2) With the prisoner's written consent on a form authorizing release of information, news media shall be permitted to interview a prisoner as established in the center's policy and procedures manual, except if the safety and security of the center is affected.

Section 3. Information Systems. The jailer shall establish and maintain an information system.

(1) Center information and prisoner records shall be:

(a) Retained in written or electronic form; and

(b) Stored in a secure manner so that they are protected from theft, loss, tampering, and destruction. Prisoner records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(2) A telephonic report to the Department shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence, and a final written report shall be made within forty-eight (48) hours. The report shall be placed in the prisoner's center record. An extraordinary or unusual occurrence shall include:

(a) Death of a prisoner;

(b) Attempted suicide that constitutes a serious health situation, or suicide;

(d) Attempted escape or escape from center;

(e) Fire;

(f) Riot;

(g) Assault, whether by jail personnel or prisoner;

(h) Sexually abusive conduct; and

(i) Occurrence of contagious or infectious disease, or illness within the center facility.

(3) The center shall keep a log of daily activity.

(4) The center shall, if there is an escape, immediately:

(a) Notify the Division of Local Facilities jail inspector;

(b) Notify Kentucky State Police or local law enforcement;

(d) Enter the prisoner's escape status into the jail management system.

Section 4. Prisoner Records.

(1) The information required by 501 KAR 7:120 for admission and release shall be retained for each prisoner in the prisoner's center record. Other information retained in each prisoner's center record shall include:

(a) Court orders;

(b) Personal property receipts;

(d) Reports of disciplinary actions;

(e) Work record and program involvement;

(f) Any extraordinary or unusual occurrence; and

(g) If a prisoner dies, the disposition of the prisoner's property and remains.

(2) Medical records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(3) The jailer shall ensure that prisoner records are safeguarded.

(4) The jailer shall require a prisoner to sign a form authorizing release of information, prior to the release of information, other than public information, to an individual other than law enforcement or a court official. A copy of the signed form shall be maintained in the prisoner's record. The form shall include:

(a) Name of person, agency, or organization requesting information;

(b) Name of center releasing information;

(d) Date consent form is signed; and

(e) Signature of prisoner.

History

RELATES TO: KRS 441.055
STATUTORY AUTHORITY: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to be followed for the administration and management of restricted custody centers.
History: 13 Ky.R. 815; eff. 11-11-1986; Am. 26 Ky.R. 175; 27 Ky.R. 87; eff. 7-17-2000; 31 Ky.R. 1730; 1963; eff. 7-1-2005; 37 Ky.R. 2970; 38 Ky.R. 584; eff. 10-7-2011; 42 Ky.R. 1959; 2348; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 7:030 Fiscal management {#sec-501-kar-7-030 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:030}

Section 1. Budgeting and Accounting. The center's budget and fiscal records shall be kept in accordance with the general records of the center.

Section 2. Canteen.

(1) As provided in KRS 441.135, each jailer may establish a canteen to provide prisoners with approved items not supplied by the center.

(2) The records of income, expense, and disbursements of the canteen shall be examined annually by the Auditor of Public Accounts concurrently with the annual audit of the county conducted in accordance with KRS 43.070(1)(a), unless the Auditor of Public Accounts declines to perform the examination of the canteen fund or has failed to respond to written notice of intent to employ a certified public accountant within thirty (30) days of receipt of the notice.

History

RELATES TO: KRS 43.070, 441.055, 441.135
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes fiscal management procedures to be followed in restricted custody centers.
History: 13 Ky.R. 817; eff. 11-11-1986; 31 Ky.R. 7-1-2005; 37 Ky.R. 2972; 38 Ky.R. 585; eff.10-7-2011; 42 Ky.R. 1961; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 7:040 Personnel {#sec-501-kar-7-040 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:040}

Section 1. Staffing.

(1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of one (1) jail personnel excluding jail personnel designated for communication. If requested by the jailer or governing authority, the department may conduct a staffing analysis.

(2) If a female prisoner is housed in the center, the center shall provide a female deputy to perform twenty-four (24) hour awake supervision.

Section 2. Qualifications.

(1) Persons who are at least eighteen (18) years old may be appointed or employed to work inside the secure perimeter of the jail.

(2) A person under the age of twenty-one (21) years:

(a) Shall not:

Be employed as a deputy jailer;
Possess or exercise peace officer powers;
Function in a role similar to that of a deputy jailer or correctional officer; or
Be in a position that involves supervision over prisoners or persons yet to be booked into the jail; and

(b) Shall have a high school diploma or a high school equivalency diploma.

Section 3. Compensation. Each employee shall receive a wage that is at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.

Section 4. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every position.

Section 5. Physical Fitness. The jailer shall ensure that a level of physical fitness is maintained that will allow each employee to satisfactorily perform the employee's duties.

Section 6. Code of Ethics.

(1) The jailer shall make a written code of ethics available to each employee.

(2) The written code of ethics shall be incorporated in the center's policy and procedures manual and shall include the following:

(a) An employee shall not:

Exchange a personal gift or a favor with a prisoner, prisoner's family, or prisoner's friend;
Accept any form of bribe or unlawful inducement;
Perform duties under the influence of an intoxicant or consume an intoxicant while on duty;
Violate or disobey an established rule, administrative regulation, or lawful order from a superior;
Discriminate against any prisoner on the basis of race, religion, creed, gender, national origin, or other individual characteristic;
Employ corporal punishment or unnecessary physical force;
Subject a prisoner to physical or mental abuse;
Intentionally demean or humiliate a prisoner;
Bring a weapon or an item declared as contraband into the center without proper authorization;
Engage in critical discussion of jail employees or any prisoner in the presence of a prisoner;
Divulge confidential information without proper authorization;
Withhold information which, in so doing, threatens the security of the center, jail employees, visitors, or the community;
Through negligence, endanger the well-being of self or others;
Engage in any form of business or profitable enterprise with a prisoner;
Inquire about, disclose, or discuss details of a prisoner's crime other than as may be absolutely necessary in performing official duties;
Enter into an intimate, personal relationship with a prisoner while the prisoner is incarcerated at the same jail by which the employee is employed; or
Enter into an intimate, personal relationship with a former prisoner of the jail within six (6) months of that prisoner's release.

(b) An employee shall:

Comply with established rules, administrative regulations, and lawful orders from superiors;
Treat prisoners in a fair, impartial manner; and
Report a violation of the code of ethics to the jailer.

(3) A violation of the code of ethics shall be made a part of the employee's personnel file.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes personnel procedures to be followed in restricted custody centers.
History: 13 Ky.R. 817; eff. 11-11-1986; Am. 19 Ky.R. 1876; 2633; eff. 6-7-1993; 26 Ky.R. 176; 27 Ky.R. 88; eff. 7-17-2000; 31 Ky.R. 1569; 1803; eff. 5-26-2005; 34 Ky.R. 1192; 1971; eff. 3-7-2008; 37 Ky.R. 2973; 38 Ky.R. 585; eff. 10-7-2011; 48 Ky.R. 951; eff. 3-1-2022; 50 Ky.R. 1964; eff. 9-3.-2024.

501 KAR 7:050 Physical plant {#sec-501-kar-7-050 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:050}

Section 1. Definitions.

(1) "Barrier Fence" means a chain-link fence that provides a boundary around the restricted custody housing areas or restricted custody center.

(2) "Construction authority" is defined by KRS 441.415.

(3) "Division" means the Department of Corrections Division of Local Facilities.

(4) "Expansion" means a renovation which includes an increase in the number of square footage of the local correctional facility to add prisoner bed space as described in KRS 441.450(3).

(5) "Local correctional facility" is defined by KRS 441.415.

(6) "Renovation" means changes to the physical plant of or construction on an existing local correctional facility that does not:

(a) Include an increase in the number of square footage of the local correctional facility to add prisoner bed space; and

(b) Require approval of the construction authority as described in KRS 441.450(3).

Section 2. Consultation. If requested, the Department may provide to a unit of local government seeking to remodel an existing restricted custody center or construct a new center, a consultant knowledgeable in the design, utilization, and operation of detention facilities. The consultant may meet with the appropriate officials of that county and advise them concerning:

(1) Site selection;

(2) Probable need as it relates to capacity and types of prisoners to be housed;

(3) Sources of financing for constructing;

(4) Laws and administrative regulations relating to treatment of prisoners;

(5) Laws and administrative regulations relating to facilities for prisoners;

(6) Sources of revenue for operations of the center;

(7) Probable cost for operation of the center; and

(8) Potential for sharing facilities with adjoining counties.

Section 3. Application for Construction.

(1) Prior to the commencement of any construction for a new restricted custody center or for the renovation or expansion of an existing restricted custody center, a unit of local government shall submit to the division:

(a) An application for approval; and

(b) If the construction is for a new center or an expansion of an existing center, any applications and materials submitted to the construction authority in accordance with KRS 441.430.

(2) The application required by subsection (1)(a) of this section shall:

(a) Be signed by the:

County judge-executive for each county involved in the proposal;
Highest executive of a unit of local government other than a county; or
Head of the Regional Jail Authority, if applicable;

(b) State in detail the need for the specific request being proposed;

(d) State the following information for the current jailer:

Name;
Address; and
Phone number;

(e) Identify the type of local correctional facility currently being used:

Full service;
Regional full service;
Life safety; or
None;

(f) If construction is proposed at a location other than where the current local correctional facility is located, then provide the following information for the new property:

Address;
Description of new property;
Explanation of ownership of new property; and
Estimated cost to purchase property if not owned by the unit of local government proposing construction;

(g) If the proposed construction is for a new restricted custody center, then identify the size of center being requested using the bed capacity increments required for plans in KRS 441.420(1)(b).

(h) If the proposed construction is for an expansion, then state the:

Number of proposed additional beds; and
Proposed additional square footage;

(i) If the proposed construction is for a renovation, then state:

The purpose of the renovation; and
The amount of any proposed additional square footage;

(j) For the current restricted custody center, state the:

Current capacity;
Average daily population (ADP) for the preceding two (2) years;
Total amount of remaining bond indebtedness;
Amount of monthly debt installment payment; and
Remaining number of payments on any note; and

(k) Identify the architect, consultant, or other person or entity with which the unit of local government consulted for the construction proposal.

Section 4. Documentation required for application. A unit of local government shall provide a copy of the following documents with any application submitted to the division:

(1) Ordinance for the unit of local government showing an affirmative vote for the proposed construction for the restricted custody center;

(2) Deed, lease, or legal description of the new property for proposed construction;

(3) Local correctional facility budget for the preceding two (2) years;

(4) General budget for any unit of local government proposing construction;

(5) Feasibility study or other documentation provided by any architect, entity, or other person that consulted on the proposed construction; and

(6) Documentation showing that the unit of local government has sufficient bonding and revenue sources to pay the bond indebtedness, operating costs, and maintenance costs over the anticipated life of the note for the proposed construction.

Section 5. Site Selection Review. The following criteria shall be considered by the division in its site selection review:

(1) Size;

(2) Proximity to court;

(3) Proximity to community resources;

(4) Availability of public transportation;

(5) Environmental health;

(6) Adequate parking; and

(7) Provisions for future expansion.

Section 6. Construction Documents.

(1) A unit of local government shall submit plans and specifications to the division for approval prior to the commencement of any construction for a new center or for the renovation or expansion of an existing center. The division may waive some of the requirements of this section on a case by case basis depending on the specifics proposed for the construction.

(2) If the construction is for a new center or expansion of an existing center, a unit of local government shall submit plans and specifications for the applications required by KRS 441.430 to the division.

(3) Whether new construction or renovation or expansion of an existing center, plans and specifications for a center shall meet the following criteria and contain the following documentation:

(a) A programming phase to include:

Evaluation of the existing center;
Population analysis as based on the NIC staffing analysis, and may include, jail operations, jail programs, court location, and transportation issues;
Space requirements based on population analysis and standards for the center and site outlined in this administrative regulation;
Staffing analysis;
Cost analysis to include construction and operation cost;
Financing alternatives, if applicable;
Design-construction time schedule; and
Summary and recommendations;

(b) A schematic phase to include:

A scale drawing of each floor plan with proposed rooms and areas one-eighth (1/8) inch minimum;
A scale drawing of the site, locating the building, parking, and other facilities with one (1) inch equaling fifty (50) feet;
Documentation of site as to:

a. Size;

b. Proximity to court;

c. Proximity to community resources;

d. Availability of public transportation;

e. Environmental health;

f. Adequate parking; and

g. Provisions for future expansion;

Sections through the proposed structure indicating ceiling heights of rooms, mechanical spaces, roof slopes, and other related information;
Scale elevation drawing of exterior walls;
Schematic cost estimate to include revised construction and operation costs; and
A revised design-construction time schedule;

A scale drawing on each floor plan with proposed rooms and areas with their dimensions one-eighth (1/8) inch minimum;
All necessary construction drawings including construction details;
Specifications for materials and workmanship;
A proposed contract with general and special conditions;
Engineering calculations for the foundation, structure, heating, ventilating, air conditioning, lighting, and plumbing; and
Detailed estimates of cost of land, site development, construction, financing, professional services, equipment, and furnishings;

(d) Construction document phase containing:

Revised design development construction drawings following review by all applicable agencies, signed by an architect registered in the Commonwealth of Kentucky, and revised, if necessary, to include changes required by the division; and
Revised design development specifications of material and workmanship following review by all applicable agencies; and

(e) A contract administration phase containing:

Signed copies of the contracts for construction, financing, and bonding;
Signed copies of the construction permits; and
Documentation of required review by other applicable state agencies.

(4) Whether new construction or renovation or expansion of an existing facility, every change order shall be submitted to the division jail consultant for review and approval.

Section 7. Approval of Construction Plans and Specifications.

(1) Construction shall not begin until the construction plans have been approved by the division and, if required, the construction authority has approved the construction. The division shall:

(a) Review each complete application within thirty (30) days of receipt;

(b) For renovation, issue:

An approval;
An acceptance with required changes; or
A rejection, with reasons stated;

(c) For an expansion or new center, issue a recommendation to the construction authority whether to approve construction; and

(d) For an incomplete application, inform the applicant of the information or documents that need to be submitted to complete the application.

(2) A request for changes to the plans shall be submitted to the division and shall include a description of the changes requested and the reasons for the changes.

(3) A change to the approved plans shall require redrawing unless specifically exempted by the department. Specifications shall be rewritten to reflect a change.

Section 8. Exemption from Compliance. If a center, renovation, or expansion was built before the effective date of the physical plant standards in Section 12 of this administrative regulation, the department shall exempt the center from a specific requirement if the exemption does not significantly affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail.

Section 9. Waiver of Compliance.

(1) The department may grant a temporary waiver of a physical plant standard in Section 12 of this administrative regulation for an existing center that can no longer meet a standard if the department determines that:

(a) Strict compliance will cause unreasonable difficulties;

(b) A waiver will not seriously affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the center; and

(c) Compliance may be achieved in a manner other than that specified, but in a manner which is sufficient to meet the intent of this administrative regulation.

(2) If a waiver from a standard is desired, the responsible unit of local government shall submit a written request to the department. The written request shall include the following information:

(a) Citation of the specific standard involved;

(b) Identification and description of the specific difficulties involved in meeting strict compliance;

Section 10. Existing Restricted Custody Centers. All existing centers that are in operation shall comply with the physical plant design standards in Section 12 of this administrative regulation, unless the center is exempt from a standard pursuant to Section 8 of this administrative regulation or has obtained a waiver from the department pursuant to Section 9 of this administrative regulation for the standard.

Section 11. New Restricted Custody Centers and Expansion and Renovation of Existing Restricted Custody Centers. A new restricted custody center and the expansion or renovation of an existing restricted custody center shall comply with the physical plant design standards in Section 12 of this administrative regulation.

Section 12. Physical Plant Design Standards.

(1) Each center shall have two (2) separate entrances: a prisoner entrance and a service entrance. The department may permit these entrances to be combined.

(a) Prisoners' entry. The purpose of this entrance shall be to provide secure and controlled access to the center for prisoners.

(2) Each exit in the security area shall provide free egress or automatic time delayed emergency release doors with a maximum time delay of thirty (30) seconds.

(3) Security area. The area shall enclose those facilities and services required for or used by prisoners. It shall contain the function areas as established in this subsection.

(a) Control area. This area shall be located in close proximity to the prisoner entrance and shall be used to monitor the movement of prisoners in and out of the center.

(b) Visitation. Adequate space shall be made available for contact visits between prisoners and families. Tables and chairs shall be provided. Bathroom facilities shall be available to serve this area.

(c) Multipurpose room. The purpose of this area shall be to provide space for assembly of prisoners for specific program activities. Adequate furnishings shall be provided.

(d) Conference area. The purpose of this space shall be to provide space for confidential conferences between prisoners and lawyers, counselors, clergy, etc. A table and chairs shall be provided.

(e) Barrier Fence. A barrier fence may be installed around the center for added security.

The fence shall be no less than eight (8) feet, with a minimum of seven (7) feet from the ground to the top of the fence.
The top of the fence may be equipped with concertina wire or barbed wire.
The fence shall be installed in accordance with 22.2.7.1 and 22.2.7.2 of the NFPA 101 Life Safety Code, which is incorporated by reference in 815 KAR 10:060.

(f) Living areas.

Each sleeping room shall provide a minimum of forty (40) square feet per prisoner. More than forty (40) prisoners shall not be placed in a single sleeping room, with the exception of a direct supervision area as outlined in 501 KAR Chapter 3.
Each prisoner shall be provided in the sleeping room, at a minimum: bed, mattress and pillow, supply of bed linen, chair, and closet or locker space for the storage of personal items.
A sleeping area shall have lighting in the reading and grooming area sufficient for the task being performed.
The center shall have one (1) toilet for every ten (10) prisoners, one (1) washbasin for every ten (10) prisoners, and a shower for every twenty (20) prisoners. One (1) urinal may be substituted for each commode in male areas but the commodes shall not be reduced to less than one-half (1/2) the number required.
Phone facilities shall be available for prisoner use.
Each occupied area shall have temperature ranges within comfort zones, sixty-five (65) degrees Fahrenheit to eighty-five (85) degrees Fahrenheit.
Each occupied area shall have ventilation to meet air exchange as required in the Kentucky Building Code, 815 KAR 7:120.

(g) Kitchen. The purpose of this area shall be to provide sufficient space and equipment for preparing meals for the maximum rated capacity of the center. Design features shall include compliance with standards for the Kentucky Food Code, 902 KAR 45:005. If food is not prepared in the center, a food distribution area shall be substituted.

(h) Laundry facilities. Laundry facilities shall be available.

(i) Furnishings. Center furnishings shall be noncombustible and nontoxic as approved by the department.

History

RELATES TO: KRS 441.045, 441.055, 441.064, 441.075, 441.415-441.450
STATUTORY AUTHORITY: KRS 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes standards and procedures to be followed in the design, construction, renovation, and expansion of restricted custody centers and for measuring compliance of existing centers in accordance with KRS 441.055, 441.064, and 441.075.
History: 13 Ky.R. 819; eff. 11-11-1986; Am. 19 Ky.R. 1877; 2634; eff. 6-7-1993; 22 Ky.R. 1360; 1600; eff. 3-7-1996; 26 Ky.R. 178; 27 Ky.R. 89; eff. 7-17-2000; 31 Ky.R. 1570; 1804; eff. 5-26-2005; 37 Ky.R. 2979; 38 Ky.R. 759; eff. 11-4-2011; 42 Ky.R. 1962; 2348; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 7:060 Security; control {#sec-501-kar-7-060 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:060}

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;

(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.

(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;

(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

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020 requires the Department of Correction to promulgate administrative regulations that include a requirement of a physical barrier between male and female prisoners. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes security procedures to be followed in restricted custody centers.
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.

501 KAR 7:070 Safety; emergency procedures {#sec-501-kar-7-070 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:070}

Section 1. Policy and Procedure.

(1) Each center shall have a written policy and procedure that specifies fire prevention practices to provide for the safety of prisoners, visitors, and jail employees. The policy shall include:

(a) A fire emergency planning session for jail employees at least quarterly;

(b) Maintaining written documentation of the fire planning session including evacuation, fire drills, and other procedures covered during this session;

(d) Inspection and testing of fire protection equipment by a qualified person at least annually with visual inspections by jail personnel monthly;

(e) Being a tobacco-free facility; and

(f) An evacuation plan coordinated with local fire officials and approved by the department.

(2) Each center shall have written policy and procedures for emergency situations including:

(a) Escape;

(b) Hostage taking;

(d) Food poisoning;

(e) Civil disturbance in the community;

(f) Natural disaster;

(g) Suicide;

(h) Other death and disorder; and

(i) Mass evacuation disaster plan.

Section 2. Physical Plant.

(1) The center shall comply with the Kentucky Building Code, incorporated by reference in 815 KAR 7:120. An existing center for which approval has been granted may continue without change, except if a significant alteration, addition, or change of occupancy occurs.

(2) Each exit shall be:

(a) Distinctly and permanently marked;

(b) Visible at all times;

(d) Maintained in usable condition.

(3) Each center shall have equipment necessary to maintain essential lights, power, HVAC, and communications in an emergency situation or shall initiate procedures outlined in their emergency plan.

(4) Each center shall have a fire alarm and smoke detection system.

(5) Each area shall have an automatic fire extinguishing system.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes safety and emergency procedures to be followed in restricted custody centers.
History: 13 Ky.R. 822; eff. 11-11-1986; Am. 27 Ky.R. 1582; 2141; eff. 2-15-2001; 31 Ky.R. 1574; 1807; eff. 5-26-2005; 34 Ky.R. 2481; eff. 8-1-2008; 37 Ky.R. 2979; 38 Ky.R. 587; eff. 10-7-2011; 42 Ky.R. 1966; 2351; eff. 3-4-2016; Cert. eff. 3-2-2023.

501 KAR 7:080 Sanitation; hygiene {#sec-501-kar-7-080 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:080}

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;

(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;

(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.

(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:

Soap;
Toothbrush;
Toothpaste; and
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.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for proper sanitation and hygiene in restricted custody centers.
History: 13 Ky.R. 823; eff. 11-11-1986; Am. 26 Ky.R. 181; Am. 27 Ky.R. 91; eff. 7-17-2000; 31 Ky.R. 1575; 1807; eff. 5-26-2005; 34 Ky.R. 1193; 1972; eff. 3-7-2008; 37 Ky.R. 2981; 38 Ky.R. 588; eff. 10-7-2011; 42 Ky.R. 1967; 2352; eff. 3-4-2016; 50 Ky.R. 1966; eff. 9-3-2024.

501 KAR 7:090 Medical services {#sec-501-kar-7-090 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:090}

Section 1. Medical Services.

(1) The center's medical services shall be provided by contracting with a Kentucky licensed health care provider.

(2) The medical authority shall be a licensed practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor, or licensed doctor of osteopathy. Telehealth services may be used.

(3) The health care staff and mental health professionals shall not be restricted by the jailer in the performance of their duties except to adhere to the center's security requirements.

(4) All health care staff working in the center shall comply with state licensure and certificate requirements commensurate with similar health care personnel working elsewhere in the community. Copies of the licenses and certificates for health care staff employed by the center shall be maintained on file within the center.

(5) A daily medical log shall be maintained documenting specific medical treatment rendered in the center. This log shall be kept current to the preceding hour.

(6) Prisoners shall not perform any medical functions within the center.

(7) Prisoners shall be informed verbally and in writing at the time of admission the methods of gaining access to medical care within the center.

(8) All medical procedures shall be performed according to orders issued by the responsible medical authority.

(9) Medical screening information shall be transferred to the center from the jail on each prisoner. Jail personnel shall ensure that the information is current when the prisoner is transferred. The medical screening inquiry shall include:

(a) Current illnesses and health problems;

(b) Medications taken and special health requirements;

(d) Behavioral observation, state of consciousness, and mental status;

(e) Notation of body deformities, markings, bruises, lesions, jaundice, ease of movement, and other distinguishing characteristics;

(f) Condition of skin and body orifices, including rashes and infestations; and

(g) Disposition and referral of prisoners to qualified medical personnel on an emergency basis.

(10) Medical, dental, and psychological care for prisoners shall be provided in accordance with KRS Chapter 441.

(11) Medical research shall not be permitted on any prisoner in the center.

(12) Access to the prisoner's medical file shall be controlled by the medical authority and the jailer. The medical record shall be separate from custody and other administrative records of the center.

(13) The jailer or designee shall notify the coroner, if a prisoner dies while in the jail's custody, to allow for a postmortem examination pursuant to KRS 72.025.

(14) The center shall have first aid kits available at all times.

(15) If a urine surveillance program is in effect, there shall be written procedures for carrying out the program.

(16) Telehealth services shall be provided for prisoners.

Section 2. Medical Transfers pursuant to KRS 441.560.

(1) A jailer may request that a prisoner be transferred to the department for necessary medical treatment and care if the prisoner:

(a) Is injured;

(b) Is pregnant;

(d)

Is severely and persistently mentally ill; and
Is presenting an imminent risk of harm to self or others; or

(e) Requires specialized medical care or long-term medical care which is not available at the local jail.

(2) The transfer request shall be submitted to the Classification Branch in writing and shall contain the following information:

(a) Prisoner's name;

(b) Prisoner's Social Security number;

(d) Inmate number;

(e) Pending charge or conviction and whether felony or misdemeanor;

(f) Estimated sentence or time to serve;

(g) Whether the prisoner has insurance or not;

(h) Whether the prisoner is indigent or not;

(i) Justification for medical transfer;

(j) Whether the care is necessary or not;

(k) Any conflict reports; and

(l) Relevant attachments such as:

Copy of prisoner's insurance card;
Doctor's report;
Incident report;
Citation;
Booking information;
Preexisting medical records; or
Current medication.

(3) If a prisoner is approved for transfer to the department, pursuant to KRS 441.560, the jail shall provide the following, unless already provided with the transfer request:

(a) All medical information;

(b) Current medication in proper container;

(d) Incident reports;

(e) Current citation;

(f) Classification information;

(g) Conflict reports;

(h) Any additional pertinent information; and

(i) Custody receipt.

(4) If a prisoner is approved for transfer to the department pursuant to KRS 441.560, the prisoner shall be transported by the department.

History

RELATES TO: KRS 72.025, 441.045, 441.055, 441.560
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 441.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020(1)(e) requires the Department of Corrections to promulgate administrative regulations to require telehealth services in county jails. KRS 441.560 requires the department to promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to provide proper medical services in restricted custody centers.
History: 13 Ky.R. 824; eff. 11-11-1986; 31 Ky.R. 1731; 1965; eff. 7-1-2005; 34 Ky.R. 1195; 1972; eff. 3-7-2008; 37 Ky.R. 2982; 38 Ky.R. 588; eff. 10-7-2011; 48 Ky.R. 954; eff. 3-1-2022; 50 Ky.R. 1967; eff. 9-3-2024.

501 KAR 7:100 Food services {#sec-501-kar-7-100 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:100}

Section 1. Procedures.

(1) The center shall comply with KRS 217.280 through 217.390 and 902 KAR 45:005.

(2) The jailer shall provide adult prisoners with a nutritionally adequate diet containing at least 2,400 calories per day.

(3) The jailer shall provide for religious diets in accordance with 501 KAR 3:130 after review and approval of a religious authority.

(4) The jailer shall provide for medical diets if prescribed by a medical authority. This shall include any special dietary requirements to ensure adequate nutrition is provided for pregnant prisoners.

(5) The center shall maintain accurate records of all meals served.

(6) Food shall not be used for disciplinary purposes.

(7) A nutritionist or dietician shall approve the nutritional value of the center menu on an annual basis.

(8) Jail personnel shall directly supervise all food prepared within the center.

(9) All food shall be served under the direct supervision of jail personnel.

(10) The center shall have sufficient cold and dry food storage facilities if food is prepared in the center.

History

RELATES TO: KRS 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for the delivery of proper food services in restricted custody centers.
History: 13 Ky.R. 825; eff. 11-11-1986; Am. 34 Ky.R. 1197; 1973; eff. 3-7-2008; 37 Ky.R. 2984; eff. 10-7-2011; 48 Ky.R. 956; eff. 3-1-2022.

501 KAR 7:110 Classification {#sec-501-kar-7-110 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:110}

Section 1. Procedures.

(1) Each center shall develop an appropriate prisoner classification system, which shall be included in the center's written policy and procedure manual.

(2) The classification system shall:

(a) Establish guidelines for admission to the center and for transfer to the jail from the center;

(b) Provide for the separation of male and female prisoners by a physical barrier;

(c) Provide for a program evaluation of each prisoner by jail personnel whenever there is a change in the prisoner's status; and

(d) Prohibit discrimination or segregation based on race, color, or national origin.

(3) Each center shall establish a procedure for an appeal by the prisoner of his classification.

History

RELATES TO: KRS 441.055
STATUTORY AUTHORITY: KRS 13A.350, 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020 requires the Department of Correction to promulgate administrative regulations that include a requirement of a physical barrier between male and female prisoners. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes the procedure for the classification of prisoners in restricted custody centers.
History: 13 Ky.R. 826; eff. 11-11-1986; 37 Ky.R. 2985; 38 Ky.R. 589; eff. 10-7-2011; 48 Ky.R. 957; eff. 3-1-2022.

501 KAR 7:120 Admission; searches and release {#sec-501-kar-7-120 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:120}

Section 1. Policy and Procedure. Each center shall develop written admission, orientation, and release procedures to be included in the center's policy and procedure manual.

Section 2. Admission.

(1) Jail personnel shall ensure that each prisoner is transferred under proper legal authority by a duly authorized officer.

(2) Prisoner records shall be delivered to the center when the prisoner is admitted. The admitting jail personnel shall make certain that all required forms are complete and that information is current.

Section 3. Searches.

(1) Jail personnel shall conduct a search of each prisoner and his possessions upon admission.

(a) Each prisoner shall be searched for contraband in a manner jail personnel reasonably determine is necessary to protect the safety of fellow prisoners, jail personnel, and facility security. The search shall be conducted in a private area and in a manner which protects the prisoner's dignity to the extent possible in that particular center.

A current felony offense, fugitive status, or past felony conviction involving violence or drug charges;
Institutional behavior, reliable information, or history that indicates possession or manufacturing of a dangerous contraband, the refusal to submit to a clothed pat down search, or a clothed pat down search reveals the possession of a dangerous contraband;
Contact with the public by a contact visit, court appearance that takes place in an area to which the public may have access, or after transport from or through an area to which the public may have access; or
The court has ordered commitment to custody after arraignment, conviction, sentencing, or other court appearance and the prisoner was not in custody prior to the court appearance.

(c) The jailer shall require that a strip search or body cavity search be documented in writing. Documentation shall include:

Basis for reasonable suspicion to conduct a search;
Date and time of search;
Name of prisoner;
Name of person conducting search;
Type of search; and
Result of search.

(d) A strip search shall be conducted by jail personnel of the same sex as the prisoner, and in a private area.

(e) Probing of body cavities shall:

Not be done unless there is reasonable suspicion to believe that the prisoner is carrying contraband in a body cavity; and
Be conducted in a private location, under sanitary conditions, by a licensed medical professional, acting within his statutory scope of practice.

(2) Each center shall develop written policies and procedures specifying the personal property that a prisoner may retain in his possession.

(b) Personal property released to a third party shall have the prisoner's signature of approval and the signature receipt of the third party.

Section 4. Orientation.

(1) The prisoner shall sign to indicate if he has received an oral and a written copy of the prisoner orientation information. This document shall be placed in the prisoner's file. Special assistance shall be given to any illiterate or non-English speaking prisoner.

(2) The orientation shall provide the prisoner with information regarding his confinement, including the following:

(b) Rules of prisoner conduct established pursuant to 501 KAR 7:060, Section 1(3);

(d) Information regarding work, educational and vocational training, counseling, and other social service programs; and

(e) Procedures for making a request or registering a complaint with the center's jail personnel or department personnel. Prisoners shall follow the grievance procedure and attach a copy of the grievance forms if requesting a review by the department.

Section 5. Release.

(1) Written legal authorization shall be required prior to the release or removal of a prisoner from confinement.

(2) When any prisoner is released or removed for any legal purpose to the custody of another, the identity of the receiving authority shall be verified.

(3) A written record shall be kept of the time, purpose, date, and authority for release or removal from confinement, and into whose custody the prisoner is released or removed.

(4) Prior to the release or removal of a prisoner, the receiving authority shall sign an authorized release form.

(5) Before jail personnel releases a prisoner to an out-of-state jurisdiction, jail personnel shall consult with the appropriate prosecutorial office in the county.

(6) Property, not legally confiscated or retained, receipted from the prisoner upon admission shall be returned to the prisoner when the prisoner is released.

(7) Each prisoner shall sign a receipt for property returned at the time of release.

(8) A complaint regarding property returned shall be submitted in writing with specific details within twenty-four (24) hours from the time of release.

Section 6. Transfer.

(1) The jailer shall develop policy and procedure to determine the conditions under which a prisoner becomes ineligible to remain at the restricted custody center and shall be transferred to the secure jail.

(2) A prisoner transferred to the secure jail shall be accompanied by:

(a) An incident report specifying the reasons for the transfer;

(b) The prisoner's record; and

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes admission, search, and release procedures for restricted custody centers.
History: 13 Ky.R. 827; eff. 11-11-1986; Am. 19 Ky.R. 1880; eff. 6-7-1993; 26 Ky.R. 182; 27 Ky.R. 92; eff. 7-17-2000; 31 Ky.R. 1576; 1808; eff. 5-26-2005; 37 Ky.R. 2987; 38 Ky.R. 590; eff. 10-7-2011; 48 Ky.R. 958; eff. 3-1-2022.

501 KAR 7:130 Prisoner programs; services {#sec-501-kar-7-130 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:130}

Section 1. Programs.

(2) Prisoners who perform work as authorized by KRS 441.125 may receive rewards in the form of sentence reductions or other privileges, if granted by the proper authority.

(3) Written policy and procedures shall establish rules for prisoners as to acceptable means of transportation to and from work, school, and programs.

(4) There shall be written procedures for the verification and monitoring of the prisoner's employment status. A written schedule shall be maintained for program release to include time of departure, destination, telephone number and address of program location, and time of return. Periodic monitoring of a prisoner's adherence to the approved schedule shall occur.

(5) Written procedures shall specify the monetary amount of reimbursement for room and board at the center by the prisoner and the process by which these fees shall be collected and used. Accurate records of receipts shall be maintained.

Section 2. Religious Programs. Written policy and procedure shall ensure the constitutional rights of prisoners to voluntarily practice their own religious activities, subject to those limitations necessary to maintain the order and security of the center.

Section 3. Recreation Programs. Written policy and procedure shall provide all prisoners with the opportunity to participate in an average of one (1) hour of recreational activity per day. Recreation programs may include board games, arts and crafts, radio and television, or other activities designed to relieve idleness and boredom.

Section 4. Volunteers. The policy and procedure manual shall establish rules for the selection and use of volunteers in the center.

Section 5. Prisoner Programs and Services.

(1) On-the-job training (OJT) work programs. State prisoners shall be provided the opportunity to participate in OJT work programs in accordance with KRS 441.125. State inmates who have an approved custody level shall be allowed to work on community service projects outside the jail if authorized by the jailer.

(2) Education programs. State prisoners shall be provided the opportunity to attend adult basic education programs or to pursue a general educational development (GED) diploma.

(3) Substance abuse programs. State prisoners shall be provided the opportunity to participate in substance abuse programs including Alcoholics Anonymous (AA) or Narcotics Anonymous (NA). State prisoners who have been determined to have substance abuse problems shall be referred to outpatient treatment available in the community. State prisoners, who are in need of extensive substance abuse treatment and have been referred by the Division of Addiction Services, shall be allowed to participate in the substance abuse program (SAP), if space is available.

(4) Evidenced based programs. Eligible state prisoners may be provided the opportunity to participate in evidence based programming offered within the jail with the approval of department staff. State prisoners who complete evidence based programming may be eligible to receive program completion credit, in accordance with CPP 15.4 incorporated by reference in 501 KAR 6:020.

Section 6. Required Documents. The jail may provide required documents to prisoners in an electronic format.

History

RELATES TO: KRS 441.055, 441.125, 532.100
STATUTORY AUTHORITY: KRS 196.035, 441.055, 532.100(5)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations he or she deems necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet, KRS 532.100 (5)(d) requires the Department of Corrections to promulgate administrative regulations establishing required programs for a jail that houses state inmates under KRS 532.100(5) . KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures for prisoner programs and services.
History: 13 Ky.R. 828; eff. 11-11-1986; Am. 27 Ky.R. 1865; 2437; eff. 3-19-2001; 37 Ky.R. 2989; 38 Ky.R. 591; eff. 10-7-2011; 48 Ky.R. 960, 1746; eff. 3-1-2022.

501 KAR 7:140 Prisoner rights {#sec-501-kar-7-140 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:140}

Section 1. Policy and Procedure.

(1) Each center shall have a written statement of prisoner rights which shall address:

(a) Access to court;

(b) Access to attorney;

(d) Telephone;

(e) Grievance procedure;

(f) Search and seizure;

(g) Disciplinary procedure;

(h) Racial segregation;

(i) Medical care;

(j) Counseling, if available; and

(k) Religion.

(2) The statement of prisoner rights shall be made available to all inmates being assigned to general housing units. The statement of prisoner rights may be posted in a conspicuous place, provided in hard-copy format, or provided through close-circuit cable television or another electronic format.

(3) The jailer shall not prohibit a prisoner's right of access to the judicial process.

(4) The jailer shall ensure the right of each prisoner to have confidential access to his attorney and his authorized representative. Confidential prisoner access to the prisoner's attorney through unmonitored phone lines in non-contact visitation areas shall be permitted.

(5) The jailer shall have a written policy and procedure that defines the center's visitation rules, which shall include:

(a) A schedule identifying no fewer than two (2) visiting days each week, one (1) of which shall be during the weekend;

(b) At least one (1) visit per week per prisoner shall be allowed except if a prisoner has been assessed a disciplinary penalty for an infraction of rules governing visitation;

(d) Two (2) or more persons permitted to visit at the same time shall count as a single visit; and

(e) Children, if accompanied by an adult, shall be permitted to visit a prisoner.

(6) Attorneys, clergy, and health care staff shall be permitted to visit a prisoner at reasonable hours other than during regularly scheduled visiting hours and shall not count as an allotted visit.

(7) Each visitor shall register and show proper photo identification before admission and shall be denied admission for refusal to register, refusal to consent to search, or for a violation of the visitation rules established pursuant to subsection (5) of this section or established in subsection (6) of this section.

(8) A prisoner shall not be restricted in regard to whom he may have as a visitor, unless the jailer determines to exclude the visitor on the basis of one (1) or more of the following conditions:

(a) The visitor:

Represents a clear and present danger to security;
Has a past history of disruptive conduct at the center;
Is under the influence of alcohol or drugs;
Refuses to submit to a search; or
Refuses to show proper identification; or

(b) The prisoner refuses the visit.

(9) Except for visitors pursuant to subsection (6) of this section, jail personnel may monitor and record visitor and prisoner conversation for security reasons. Notification shall be posted in a conspicuous location in the visiting areas.

Section 2. Mail.

(1) The jailer shall have a written policy and procedure for receiving and sending mail that:

(a) Protects prisoners' personal rights; and

(b) Provides for security practices consistent with the operation of the center.

(2) A prisoner shall be allowed to correspond with anyone if the correspondence does not violate any state or federal law. Caution shall be taken to protect prisoner rights in accordance with court decisions regarding correspondence. The jailer may enact a policy prohibiting the sending or receipt of prisoner-to-prisoner mail. The policy shall permit the jailer discretion to grant the privilege.

(4) Measures to prevent receipt of prisoner mail containing intoxicants, including fabricated legal mail shall be permitted.

Section 3. Telephone.

(1) Written policy and procedure shall permit each prisoner to complete at least one (1) telephone call each week. The expense incurred for a call shall be borne by the prisoner or the party called.

(2) If calls are monitored, the prisoner shall be notified.

(3) Telephone privileges may be suspended for a designated period of time if telephone rules are violated.

Section 4. Religion.

(1) Each prisoner shall be:

(a) Granted the right to practice his religion within limits necessary to maintain institutional order and security; and

(b) Afforded an opportunity to participate in religious services and receive religious counseling within the center.

(2) A prisoner shall not be required to attend or participate in any religious service or discussion.

Section 5. Access to Programs. The jailer shall ensure each prisoner equal access to programs and services, if the security and order of the center are not jeopardized.

Section 6. Grievance Procedure. The jailer shall have a written prisoner grievance procedure. The procedures shall include provisions for:

(1) A response to each written grievance within ten (10) days;

(2) Equal access for each prisoner;

(3) A guarantee against reprisal; and

(4) Resolution of legitimate complaints.

Section 7. Disciplinary Rights. Each center shall have a written policy and procedure for maintaining discipline, consistent with constitutional requirements for due process.

Section 8. Medical. Each prisoner shall be afforded access to necessary medical care.

History

RELATES TO: KRS 441.045, 441.055
STATUTORY AUTHORITY: KRS 196.035, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes procedures to ensure the rights of prisoners in restricted custody centers.
History: 13 Ky.R. 829; eff. 11-11-1986; Am. 26 Ky.R. 183; 27 Ky.R. 93; eff. 7-17-2000; 31 Ky.R. 1578; 1809; eff. 5-26-2005; 37 Ky.R. 2990; 38 Ky.R. 742; eff.11-4-2011; 48 Ky.R. 962, 1746; eff. 3-1-2022.

501 KAR 7:150 Training {#sec-501-kar-7-150 omnilex-key=us-ky-regs-official--title-501--501 KAR 7:150}

Section 1. Information System. A jail shall maintain cumulative records on the types and hours of training completed annually by jail personnel. The records shall be maintained in a manner so that all of the records for a specific jail employee may be readily retrieved and shall be entered into the department training records management system.

(1) If the training is conducted by the department, the department shall enter and maintain records of the training for the jail personnel in the department's training records management system.

(2) If the training is conducted by someone other than the department, jail personnel who have been trained to enter information into the department training records management system shall enter the training information. Training information shall be entered within ten (10) days of the training being completed. A jail employee shall have access to his individual record.

Section 2. Curriculum.

(1) Jail personnel shall receive a minimum of sixteen (16) hours annual in-service training. The training shall be provided by the department or other instruction approved by the jailer.

(2) The training shall include:

(b) Communicable diseases, including human immunodeficiency virus infection training and acquired immunodeficiency syndrome training;

(c) All jail personnel or health services staff who administer medications to prisoners shall be trained in the proper procedures as established in the jail's policy and procedures manual; and

(d) Jail personnel who are assigned to duties within a direct supervision area or facility shall receive forty (40) hours of pre-service training related to direct supervision. The training shall be approved by the department.

Section 3. First Aid and CPR.

(2) Jail personnel shall be certified to perform CPR (cardiopulmonary resuscitation), equivalent to that provided by the American Red Cross, American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive certification within their first year of employment.

History

RELATES TO: KRS 441.045, 441.055, 441.115
STATUTORY AUTHORITY: KRS 196.035, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners and KRS 441.115 sets requirements to obtain training allowances. This administrative regulation establishes minimum training requirements for jail personnel.
History: 37 Ky.R. 3041; 38 Ky.R. 591; eff. 10-7-2011; 48 Ky.R. 964; 1747; eff. 3-1-2022.

Chapter 13 Jail Standards for Life Safety Facilities

501 KAR 13:010 Life safety issues {#sec-501-kar-13-010 omnilex-key=us-ky-regs-official--title-501--501 KAR 13:010}

Section 1. Definitions.

(1) "Department" is defined by KRS 441.005(5).

(2) "Governing authority" means a county fiscal court, urban-county government, charter county government, consolidated local government, unified local government, or regional jail authority.

(3) "Jail" or "Life Safety Jail" means any county jail and correctional or detention facility, including correctional facilities defined by KRS 67B.020, operated by and under the supervision of a governing authority that does not house state prisoners pursuant to KRS 532.100.

(4) "Jail personnel" is defined by KRS 441.005(6).

(5) "Medical authority" means the person or persons licensed to provide medical care to prisoners in the jail's custody.

(6) "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.

Section 2. Policy and Procedure. The jailer shall develop and maintain a policy and procedures manual that has been adopted by the governing authority and filed with the department. The policy and procedures manual shall include, at a minimum, the following aspects of the jail's operation:

(1) Administration;

(2) Staffing;

(3) Security and control;

(4) Physical plant;

(5) Fire safety;

(6) Sanitation and hygiene;

(7) Medical services; and

(8) Food services.

Section 3. Administration.

(1) Jail information and prisoner records shall be stored in a secure manner so that they are protected from theft, loss, tampering, and destruction. Prisoner records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(2) A telephonic report to the department shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence, and a final written report shall be made within forty-eight (48) hours. This report shall be placed in the jail record. Extraordinary or unusual occurrences shall include:

(a) Death of a prisoner;

(b) Suicide or attempted suicide that constitutes a serious health concern;

(d) Escape or attempted escape from confinement;

(e) Fire;

(f) Riot;

(g) Assault, whether by jail personnel or prisoner;

(h) Sexually abusive conduct;

(i) Occurrence of contagious or infectious disease, or illness within the facility; and

(j) Any serious event that threatens the safety or security of the facility or jail personnel.

(3) The jail shall, if there is an escape, immediately:

(a) Notify the Division of Local Facilities jail inspector;

(b) Notify Kentucky State Police or local law enforcement;

(d) Enter the prisoner's escape status into the jail management system.

Section 4. Staffing.

(1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of two (2) jail personnel, excluding jail personnel designated for communication. If requested by the jailer or governing authority, the department may conduct a staffing analysis.

(2) Each jail shall be required to provide the department with a weekly population update.

(3) If a female prisoner is lodged in the jail, the jail shall provide a female deputy to perform twenty-four (24) hour awake supervision.

(4) Qualifications.

(a) Persons who are at least eighteen (18) years old may be appointed or employed to work inside the secure perimeter of the jail.

(b) A person under the age of twenty-one (21) years:

Shall not:

a. Be employed as a deputy jailer;

b. Possess or exercise peace officer powers;

c. Function in a role similar to that of a deputy jailer or correctional officer; or

d. Be in a position that involves supervision over prisoners or persons yet to be booked into the jail; and

Shall have a high school diploma or a high school equivalency diploma.

(5) Compensation. Each employee shall receive a wage at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.

(6) Males and females shall be housed separately.

Section 5. Security and Control.

(1) Jail personnel shall conduct and document direct, in-person surveillance of each prisoner on an irregular basis, at least every sixty (60) minutes.

(2) Jail personnel shall conduct and document direct, in-person surveillance every twenty (20) minutes, at irregular intervals, on the following classes of prisoners:

(a) Suicidal; and

(b) Mentally or emotionally disturbed.

(3) 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. At least one (1) count shall be conducted per shift.

(4) A prisoner shall not be assigned to a position of authority over another prisoner.

(5) A prisoner shall not be permitted to perform or assist in a security duty.

(6) A trustee, if used, shall not have access to or control of a weapon.

(7) Daily Jail Log; Special reports. A daily log shall be kept current and shall reflect significant occurrences within the jail. Special reports shall include:

(a) Disciplinary action;

(b) Medical or mental health treatment;

(d) Extraordinary occurrences:

Fire;
Assault;
Suicide or attempted suicide; or
Escape or attempted escape;

(e) Inmate vandalism:

Destruction of jail property; or
Flooding of plumbing fixtures;

(f) Jail personnel roster for each shift; and

(g) Visitor's log.

Section 6. Physical Plant.

(1) Square footage living space requirement for jails shall be the same as required in 501 KAR 3:050.

(2) All furnishings in the jail shall be noncombustible and nontoxic as approved by the department.

(3) Kitchen. The purpose of this area shall be to provide sufficient space and equipment for preparing meals for the maximum rated capacity of the jail. Design features shall include:

(a) Compliance with standards of the Kentucky Food Code, 902 KAR 45:005;

(b) Commercial type stoves and refrigeration units; and

(4) Gauges, indicators, and alarms shall be located in an area monitored by jail personnel.

(5) The jail shall provide ventilation to meet the air exchange requirements in the Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines incorporated by reference in 501 KAR 3:050.

(6) Electrical outlets if provided shall be ground-faulted or have ground-fault circuit breakers.

(7) All tools, toxic, corrosive, and flammable substances, and other potentially dangerous supplies and equipment shall be stored in a locked area not accessible to prisoners.

(8) The jail shall have a procedure for immediate reporting and repairing any broken or malfunctioning key or lock.

(9) A set of duplicate keys shall be maintained in a separate, secure place.

(10) Each jail shall comply with the Kentucky Building Code, 815 KAR 7:120.

Section 7. Fire Safety.

(1) Each jail shall have a written policy and procedure that specifies fire prevention practices to ensure the safety of prisoners, visitors, and jail personnel. These shall include, at a minimum:

(a) Fire emergency planning sessions for jail personnel at least quarterly;

(b) Maintaining written documentation of fire planning sessions and a written copy of the material taught;

(d) Inspection and testing of fire protection equipment by qualified persons at least annually with visual inspections by jail personnel monthly;

(e) Being a tobacco-free facility; and

(f) A written evacuation plan coordinated with local fire officials.

(2) Each jail shall have exits distinctly and permanently marked, visible at all times, kept clear, and maintained in usable condition.

(3) Each jail shall have equipment necessary to maintain essential lights, power, HVAC, and communications in an emergency situation.

(5) Each jail shall have an approved fire alarm and smoke detection system.

Section 8. Sanitation; Hygiene.

(1) The jailer shall provide for the control of vermin and pests.

(2) The jail shall provide for both solid and liquid waste disposal.

(3) The jail shall have fresh air circulating within prisoner living and activity areas.

(4) All prisoners shall be provided with hot and cold running water in showers and lavatories.

(5) All prisoners shall be provided with toilet paper or feminine hygiene items when needed.

(6) Each female prisoner shall be issued an appropriate number of undergarments.

Section 9. Medical Services.

(1) Jail personnel shall have current training in standard first aid equivalent to that provided by the American Red Cross, the American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive training within their first year of employment.

(2) At least one (1) jail personnel on site shall be certified to perform CPR (cardiopulmonary resuscitation), equivalent to that provided by the American Red Cross, the American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive certification within their first year of employment.

(3) The jail shall have first aid kits available at all times.

(4) Medical screening shall be performed by the receiving jail personnel on all prisoners upon their admission to the jail and before their placement in prisoner living areas. The findings of this medical screening shall be recorded on a printed screening form approved by the medical authority. The medical screening inquiry shall include:

(a) Current illnesses and health problems;

(b) Medications taken and special health requirements;

(d) Behavioral observation, state of consciousness, and mental status;

(e) Notation of body deformities, markings, bruises, lesions, jaundice, ease of movement, and other distinguishing characteristics;

(f) Condition of skin and body orifices, including rashes and infestations; and

(g) Disposition and referral of prisoners to qualified medical personnel on an emergency basis.

(5) Each prisoner shall be afforded access to necessary medical care as in KRS 441.045.

(6) The medical authority shall be a licensed practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor, or licensed doctor of osteopathy. Telehealth services may be used.

(7) Telehealth services shall be provided for prisoners.

Section 10. Medical Transfers pursuant to KRS 441.560.

(1) A jailer may request that a prisoner be transferred to the department for necessary medical treatment and care if the prisoner:

(a) Is injured;

(b) Is pregnant;

(d)

Is severely and persistently mentally ill; and
Is presenting an imminent risk of harm to self or others; or

(e) Requires specialized medical care or long-term medical care which is not available at the local jail.

(2) The transfer request shall be submitted to the Classification Brach in writing and shall contain the following information:

(a) Prisoner's name;

(b) Prisoner's Social Security number;

(d) Inmate number;

(e) Pending charge or conviction and whether felony or misdemeanor;

(f) Estimated sentence or time to serve;

(g) Whether the prisoner has insurance or not;

(h) Whether the prisoner is indigent or not;

(i) Justification for medical transfer;

(j) Whether the care is necessary or not;

(k) Any conflict reports; and

(l) Relevant attachments such as:

Copy of prisoner's insurance card;
Doctor's report;
Incident report;
Citation;
Booking information;
Preexisting medical records; or
Current medication.

(3) If a prisoner is approved for transfer to the department as a medical prisoner, the jail shall provide the following, unless already provided with the transfer request:

(a) All medical information;

(b) Current medication in proper container;

(d) Incident reports;

(e) Current citation;

(f) Classification information;

(g) Conflict reports;

(h) Any additional pertinent information; and

(i) Custody receipt.

(4) If a prisoner is approved for transfer to the department as a medical prisoner, the prisoner shall be transported by the department.

Section 11. Food Services.

(1) The jail shall comply with KRS 217.280 to 217.390, 803 KAR 2:317, and 902 KAR 45:005.

(2) The jail shall provide prisoners with a nutritionally adequate diet containing at least 2,400 calories daily and jail menus shall be approved annually by a nutritionist or dietician. Condiments shall not be included in the daily caloric totals.

(3) Except as provided by subsection (4) of this section, prisoners shall receive three (3) meals per day, one (1) of which shall be hot. More than fourteen (14) hours shall not elapse between any two (2) meals.

(4) The jailer may elect to provide only two (2) meals on Saturdays, Sundays, and holidays, if both meals still meet the minimum 2,400 calories per day. Condiments shall not be included in the daily caloric totals. If the jailer elects to serve only two (2) meals, more than sixteen (16) hours shall not elapse between any two (2) meals.

(5) The jailer shall provide for medical diets if prescribed by a medical authority. This shall include any special dietary requirements to ensure adequate nutrition is provided for pregnant prisoners.

(6) The jailer shall maintain accurate records of all meals served.

(7) Food shall not be used for disciplinary purposes.

(8) Jail personnel shall directly supervise all food prepared within the jail.

(9) All food shall be served under the direct supervision of jail personnel.

(10) The jail shall have sufficient cold and dry food storage facilities.

(11) The jailer or his designee shall inspect the food service area daily.

(12) Canteen food items purchased by prisoners may be stored and prepared in amounts that do not pose a threat to the health or security of the facility

History

RELATES TO: KRS 67.900, 198B.650-198B.689, 217.280-217.390, 441.005, 441.045, 441.055, 441.560, 532.100
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 441.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 requires the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 197.020(1)(e) requires the Department of Corrections to promulgate administrative regulations to require telehealth services in county jails. KRS 441.560 requires the department to promulgate administrative regulations relating to the transfer of prisoners to the department for medical treatment and care. KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum health and life safety standards for jails that do not house state prisoners. This administrative regulation sets forth procedures to provide protection for basic health and life safety in jails that do not house state prisoners.
History: 29 Ky.R. 1160; Am. 1524; eff. 12-18-02; TAm eff. 8-31-2007; 46 Ky.R. 145, 900; eff. 9-10-2019; 50 Ky.R. 1969; 51 Ky.R. 273; eff. 11-5-2024.

Chapter 14 Psychiatric or Forensic Psychiatric Facility Victim Notification System

501 KAR 14:010 Psychiatric or Forensic Psychiatric Facility Victim Notification System {#sec-501-kar-14-010 omnilex-key=us-ky-regs-official--title-501--501 KAR 14:010}

Section 1. Definitions.

(1) "Notification" means the communication by telephone or email to the individual regarding the release or escape of an involuntarily committed person.

(2) "Register" means the individual seeking notice providing a telephone number or email through the VINE system to be contacted when the involuntarily committed person is released or escapes.

Section 2.

(1) If the psychiatric or forensic psychiatric facility enters the involuntarily committed person's information, the victim, judge, or witness may register for notification.

(2) The Department of Corrections shall provide:

(a) The ability to register for notification purposes; and

(b) The notification for which the individual has registered.

Section 3. A victim, judge, or witness may register for notification by calling Victim Information and Notification Every Day (VINE) at (800) 511-1670 or visiting www.VINElink.com and register an email or telephone number for notification of the release of the involuntarily committed person.

Section 4. If the Department of Corrections provides the psychiatric or forensic psychiatric facility with a secure Web-based service to enter the involuntarily committed person's information for victim notification, the Web-based account access shall be limited and secured.

History

RELATES TO: KRS 202A.410, 439.3401
STATUTORY AUTHORITY: KRS 202A.410(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 202A.410 requires the Department of Corrections to promulgate an administrative regulation for the notification of crime victims, judges, and witnesses who request notice of when an involuntarily committed person, who is charged with or convicted of a violent crime, is discharged or escapes from a psychiatric or forensic psychiatric facility.
History: 25 Ky.R. 713; Am. 1038; eff. 11-20-1998; 48 Ky.R. 965, 1748; eff. 3-1-2022.

Chapter 15 Death Benefit Claims

501 KAR 15:010 Definitions for 501 KAR Chapter 15 {#sec-501-kar-15-010 omnilex-key=us-ky-regs-official--title-501--501 KAR 15:010}

Section 1. Definitions.

(1) "Act in the line of duty" means, with respect to an eligible corrections employee:

(a) An act or omission to act; or

(b) A work-related event involving the employee; or

(c) An external force upon the employee while the employee is engaged in an action or duty for which the employee is obligated or authorized by rule, administrative regulation, condition of employment or service, or law to perform for corrections. An employee's act shall not be in the line of duty if his or her the death is caused by:

A nonwork-related disease or condition or a routine work-related disease or condition common to the eligible employee's occupation;
Intentional misconduct of the eligible employee;
The eligible employee's intention to bring about his death;
The eligible employee's willfulness or wanton disregard that brings about his or her death;
The eligible employee's voluntary intoxication if intoxication is a contributing factor in his or her death; or
If an action or omission of a beneficiary is a substantial factor in the death of an eligible employee, recovery shall be precluded as to that beneficiary only.

(2) "Children" means a natural or adopted child, or child born out of wedlock of the deceased eligible corrections employee who, at the time of the employee's death, is living or later is born alive.

(3) "Claimant" means a spouse, child, or parent of a deceased employee who files a claim for death benefits with the Department of Corrections, pursuant to KRS 61.315.

(4) "Commissioner" means the Commissioner of the Department of Corrections.

(5) "Corrections" means the Department of Corrections.

(6) "Death in the line of duty" means the death of an eligible employee due to his or her performance of an act in the line of duty that results in:

(a) Immediate death;

(b) A traumatic injury, wound, condition of the body, or disease resulting in death; or

(7) "Death as a direct result of an act" means that the antecedent act, omission to act or event inflicted upon the eligible corrections employee was the substantial factor in the employee's death.

(8) "Eligible corrections employee" means a probation and parole officer, assistant supervisor, district supervisor, branch manager assigned to a probation and parole office, Assistant Director or Director of the Division of Probation and Parole, and an employee of the department, who at the time of death, was acting as a peace officer pursuant to KRS 197.037.

(9) "Office of the Commissioner" means the person designated by the Commissioner of Corrections to receive, process and make qualifying determinations on claims for benefits to be paid on death of an eligible employee pursuant to KRS 61.315.

(10) "Parent" means a natural or adoptive parent of the eligible corrections employee living at the time of the employee's death.

(11) "Spouse" means the lawfully wedded husband or wife of the deceased eligible corrections employee living at the time of the death, and includes a spouse:

(a) Living apart from the eligible employee at the time of the death for any reason; or

(b) Involved in divorce proceedings if a final divorce decree has not been entered.

History

RELATES TO: KRS 61.315
STATUTORY AUTHORITY: KRS 61.315(5), 196.035
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(5) requires the Department of Corrections to promulgate administrative regulations to establish the criteria and procedures applicable to the administration of benefits paid on death of eligible corrections employees who have died in the line of duty. This administrative regulation provides the definition of terms used in 501 KAR Chapter 15.
History: 27 Ky.R. 1117; Am. 1457; eff. 12-21-2000; Crt eff. 2-20-2020.

501 KAR 15:020 Filing and processing of death benefit claims {#sec-501-kar-15-020 omnilex-key=us-ky-regs-official--title-501--501 KAR 15:020}

Section 1. Submission of Claim by Proper Party. A death benefit claim shall be filed with the Office of the Commissioner at the Department of Corrections, PO Box 2400, Frankfort, Kentucky 40602-2400. The commissioner's office shall determine the proper party to submit a claim for death benefits in accordance with the following requirements:

(1) The claim shall be submitted and executed by the claimant or the claimant's legally designated representative upon submission of written proof of that designation.

(2) If the claimant is under a disability in terms of mental or physical incapacity or as a result of being a minor, then the claim shall be submitted and executed by the claimant's legally-appointed guardian, committee, trustee or other legal representative upon submission of written proof of the disability and proof of the legal authority of representation by means of an affidavit, certified court record, or other legal document.

Section 2. Proof of Relationship. In filing the claim for death benefits, the claimant or claimant's representative shall submit the following proof of relationship:

(1) If the claimant is a spouse of the eligible employee, the spouse shall submit:

(a) Proof of marriage in the form of a duly-issued and certified marriage license or certificate;

(b) Any other certified government or official report, or affidavit of the marriage officiant; or

(c) Affidavit of two (2) witnesses of the marriage. The documentation shall establish the names of parties married and the date and place of marriage. If the claimant spouse or eligible employee has previously been married, a certified divorce decree of any or each previous marriage shall be submitted.

(2) If the claimant is a child of the eligible employee, documentation of the relationship and age shall be provided in the form of:

(a) Certified official vital statistics records;

(b) An adoption decree;

(d) Paternity decree;

(e) Other government agency record that reveals the age and relationship of the child with the deceased eligible employee; or

(f) If a document listed in paragraphs (a) to (e) of this subsection does not exist, the affidavits of two (2) disinterested credible witnesses or an affidavit of the eligible employee prior to death may provide proof of the eligible employee's recognition of the child as his natural or adopted child.

(3) If the claimant is a parent, proof of the relationship shall be provided in the form of:

(a) Certified vital statistics records;

(b) A birth certificate;

(d) Other official government record revealing the parental relationship; or

(e) If a document listed in paragraphs (a) to (d) of this subsection does not exist, the affidavits of two (2) disinterested, credible witnesses may provide proof of the eligible employee's recognition of the claimant as his parent.

Section 3. Proof of Death as a Direct Result of an Act in the Line of Duty. The claimant shall provide proof of death of the eligible employee as a direct result of an act in the line of duty by providing the following:

(1) A certified copy of the employee's death certificate;

(2) If requested by corrections:

(a) A certified autopsy report;

(b) A coroner's report or other formal investigative report, if made; or

(3) Any other relevant document deemed necessary by the Office of the Commissioner.

Section 4. Filing the Claim.

(1) In order to file a claim for benefits payable on the death of an eligible employee, the claimant shall file each completed form provided by the Office of the Commissioner, including the survivor's claim for death benefits and the appropriate documentary proof as requested.

(2) The claim for death benefits shall be filed with the Office of the Commissioner within six (6) months from the date of the death of the eligible employee for which the claim is made, unless the commissioner extends the filing deadline for good cause shown by the claimant.

(3) The Office of the Commissioner may require, at any time during the pendency of the claim, additional evidence to be submitted with regard to:

(a) Entitlement;

(b) The right to receive payment;

(d) Any other material issue.

(4) If a claimant submits no evidence or insufficient evidence of a material issue or fact, the Office of the Commissioner shall inform the claimant what evidence is required for a determination as to the issue or fact and shall request that the claimant submit the evidence within forty-five (45) days from the date of the request of the Office of the Commissioner.

(5) A claimant's failure to submit evidence on a material issue or fact as requested by the Office of the Commissioner shall be a basis for determining that the claimant fails to satisfy the conditions required to award death benefits to the claimant.

(6) After the claim has been filed and the Office of the Commissioner determines the claimant has submitted, or failed to submit, all reports, documents and evidence required to be submitted, the Office of the Commissioner shall render a decision on the claim within forty-five (45) days.

(7) A claim for benefits may be withdrawn at any time upon written notice to the commissioner signed by the claimant or claimant's representative.

(8) Upon making a finding of eligibility, the Office of the Commissioner shall, in writing, notify the claimant at claimant's last known address of its disposition of the claim. Payment shall be made to the claimant as soon thereafter as practicable, with corrections presenting the claim to the State Treasurer within five (5) working days.

(9) If the Office of the Commissioner finds the claimant ineligible for a death benefit, the Office of the Commissioner shall notify the claimant in writing at claimant's last known address of its disposition and shall set forth findings of fact and conclusions of law supporting the decision, as well as claimant's right to a hearing and review by the secretary.

Section 5. Priority and Amount of Claim Benefits. Upon final determination of eligibility for benefits, the benefits shall be paid pursuant to KRS 61.315(2).

History

RELATES TO: KRS 61.315
STATUTORY AUTHORITY: KRS 61.315(5), 196.035
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(5) requires the Department of Corrections to promulgate administrative regulations providing criteria and procedures applicable to filing and processing of death benefit claims, to ensure the proper administration of benefits legally required to be paid to the proper party or parties on the death of eligible corrections employees who have died in the line of duty.
History: 27 Ky.R. 1119; Am. 1458; eff. 12-21-2000; Crt eff. 2-20-2020.

Chapter 16 Capital Punishment

501 KAR 16:001 Definitions for 501 KAR Chapter 16 {#sec-501-kar-16-001 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:001}

Section 1. Definitions.

(1) "Cabinet" is defined in KRS 196.010(1) and 197.010(1).

(2) "Clergy witness" means the member of clergy designated in writing by the condemned person to witness the execution pursuant to KRS 431.250.

(3) "Commissioner" means:

(a) Commissioner as defined in KRS 196.010(2); or

(b) The commissioner's designee.

(4) "Condemned person" is defined in KRS 431.213(1).

(5) "Department" is defined in KRS 196.010(3) and 197.010(3).

(6) "Designated medical professional" means the physician designated by the department to monitor the clinical activities, assessments and examinations involving the condemned person during the fourteen (14) days prior to execution.

(7) "Designated victim's family" means the three (3) members of the victim's family designated by the commissioner to witness the execution pursuant to KRS 431.250.

(8) "Electrocution" means the method of execution described in KRS 431.220(1)(b).

(9) "Electrocution equipment" means the device at the penitentiary that was specifically manufactured to cause death by electrocution.

(10) "Execution building" means the dedicated structure at the Kentucky State Penitentiary containing the execution chamber.

(11) "Execution chamber" means the room or area of the Kentucky State Penitentiary designated by the Warden to conduct an execution.

(12) "Execution order" means:

(a) A mandate from the Supreme Court of Kentucky; or

(b) An Executive Order for execution signed by the Governor that:

Is entered in the Executive Journal maintained by the Secretary of State; and
May be commonly known as a death warrant.

(13) "Execution team" means the persons appointed by the Warden to carry out the execution of the condemned person and may include the IV team if execution is by lethal injection.

(14) "Headgear" means the leather device used to hold the electrode and sponge to the condemned person's head.

(15) "IV team" means the persons on the execution team who site and insert intravenous, or IV, lines in the condemned person.

(16) "Lethal injection" means the method of execution described in KRS 431.220(1)(a).

(17) "Media representative" means one (1) of the nine (9) representatives of the news media as identified in KRS 431.250 and selected in accordance with 501 KAR 16:300.

(18) "Minister of record" means the spiritual advisor designated by the condemned person in writing to visit him after the execution order is received.

(19) "Penitentiary" means the Kentucky State Penitentiary.

(20) "Personal visitor" means a visitor who is listed on the condemned person's visitation list or other visitor who is not the:

(a) Media;

(b) Minster of record; or

(21) "Security risk" means as determined in the warden's discretion a potential threat to:

(a) The security of:

The institution;
An inmate;
A department employee; or
Any other person; or

(b) The order of the institution.

(22) "Special notes" mean specifically designated entries made in the electronic medical record that contain information concerning the condemned person from the period of time stated in 501 KAR 16:310, Section 1(1).

(23) "Testing device" means the device that was specifically manufactured to simulate an execution to test the functioning of the electrocution equipment.

(24) "Victim's family" means the individuals who are eligible for designation by the commissioner to witness the execution in accordance with KRS 431.250.

(25) "Volunteer" means a death sentenced inmate who requests to be executed before he has completed the available legal challenges to his conviction or sentence.

(26) "Warden" means the Warden of the Kentucky State Penitentiary or the warden's designee.

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.220, 431.240, 431.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes the definitions used in 501 KAR Chapter 16.
History: 36 Ky.R. 1556; 2085-M; 2037-A; eff. 5-7-2010; Crt eff. 2-20-2020.

501 KAR 16:290 Preliminary and post-execution procedures concerning condemned person {#sec-501-kar-16-290 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:290}

Section 1. Initial Steps After Receipt of Execution Order.

(1) After the warden receives the execution order, the warden shall:

(a) Read the execution order to the condemned person; and

(b) If the condemned person received his death sentence prior to March 31, 1998, ask the condemned person to designate in writing his choice of the method of execution pursuant to KRS 431.220(1).

(2) For any designation required to be made in writing in this administrative regulation, if the condemned person cannot see, read, or write sufficiently to complete his designation, then a staff person at the penitentiary shall:

(a) Ask the condemned person to state his designation;

(b) Write the designation stated by the condemned person;

(d) Ask the condemned person to sign or make his mark on the document.

(3) If the condemned person requests information about the handling of the body after execution, the warden shall inform him of the requirements of KRS 72.025(5) for a post-mortem examination of the body and that the body is transferred to the Office of the State Medical Examiner for the post-mortem examination before being returned to the coroner.

(4) The time for the execution set by the warden pursuant to KRS 431.240(1) shall be prevailing local time for the Kentucky State Penitentiary.

Section 2. Condemned Person's Designation of Witnesses.

(1) The warden shall ask the condemned person to designate in writing his clergy witness and the three (3) other individuals who may witness the execution pursuant to KRS 431.250.

(2) The condemned person shall comply with subsection (1) of this section at least ten (10) days before the date scheduled for the execution. If the timing of the receipt of the execution order does not allow for ten (10) days, then the condemned person shall comply immediately when the warden reads the execution order.

(3) The warden may allow the condemned person additional time to comply with subsection (1) of this section or to change a previous designation, if a request is made by the condemned person.

Section 3. Condemned Person's Designation Concerning Property, Funeral, and Disposition of Body.

(1) The warden shall ask the condemned person to designate in writing the person who may:

(a) Collect the condemned person's personal property after his death;

(b) Take charge of the condemned person's body; and

(2) The condemned person shall comply with subsection (1) of this section at least ten (10) days before the date scheduled for the execution. If the timing of the receipt of the execution order does not allow for ten (10) days, then the condemned person shall comply at least forty-eight (48) hours prior to the time scheduled for the execution.

(3) The warden may allow the condemned person additional time to comply with subsection (1) of this section or to change a previous designation, if a request is made by the condemned person.

Section 4. Visitation Designation.

(1) After an execution order has been issued, the warden shall ask the condemned person to designate in writing his minister of record.

(3) The warden may allow the condemned person additional time to comply with subsection (1) of this section or to change a previous designation, if a request is made by the condemned person.

Section 5. Limitations on Condemned Person's Clothing, State-issued Items, and Personal Property.

(1) Notwithstanding 501 KAR 6:020, CPP 17.1, CPP 14.2, 501 KAR 6:040, KSP 17-01-01, 17-01-03 and 17-01-04, the warden may limit the condemned person's clothing, state-issued items, and personal property to the following:

(a) One (1) mattress;

(b) Two (2) sheets;

(d) One (1) pillow case;

(e) One (1) pair of scrub-type pants;

(f) One (1) scrub-type shirt;

(g) One (1) pair of underwear;

(h) One (1) pair of socks;

(i) One (1) toothbrush;

(j) One (1) tube of toothpaste;

(k) One (1) bar of soap;

(l) One (1) bath towel; and

(m) One (1) wash cloth.

(2) If the warden limits clothing and linen in the manner described in subsection (1) of this section:

(a)

Clothing shall be exchanged for clean every other day; and
Linen shall be exchanged weekly; or

(b) Clothing and linen shall be exchanged on the same schedule used in other restricted housing units if the warden determines that better suits the needs of the penitentiary.

Section 6. Limitations on Condemned Person's Clothing, State-issued Items, and Personal Property for Females.

(a) One (1) bra;

(b) Sanitary napkins; and

(2) The bra shall be white and if it contains stays or underwire, they shall be plastic.

(3) If the warden limits clothing in the manner described in Section 5(1) of this administrative regulation, the bra shall be exchanged for clean at least:

(a) Every other day; or

(b) On the same schedule for clothing exchange used in other restricted housing units if the warden determines that better suits the needs of the penitentiary.

(4) The supply of sanitary napkins and tampons shall be in a sufficient quantity to allow the individual to maintain an acceptable level of personal hygiene.

Section 7. Transfer of Female Condemned Person. If the condemned person is female, she shall be transferred to the penitentiary for execution. The date of the transfer shall be determined by the warden.

Section 8. Securing Condemned Person's Personal Property Prior to Execution.

(1) The warden shall inventory and secure any personal property of the condemned person prior to the execution.

(2) The warden shall set the time for the removal of all personal property.

Section 9. Post-execution Steps.

(1) The return on the judgment shall be made in accordance with KRS 431.260 within seven (7) days of the execution.

(2) If the condemned person does not make other arrangements, the department shall make arrangements for the delivery or burial of the body pursuant to KRS 431.270.

(3) Within three (3) days of the execution, the penitentiary shall call the person designated by the condemned person to pick up his personal property. If the person cannot be reached by phone, notice may be mailed to the person.

History

RELATES TO: KRS 72.025(5), 196.030, 196.070, 196.180, 431.213 – 431.270, 532.130 – 532.140
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270, 532.130, 532.135, 532.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes preliminary and post execution procedures concerning the condemned person.
History: 501 KAR 016:290. 36 Ky.R. 1558; 2087-M; 2038-A; eff. 5-7-2010; 39 Ky.R. 603; eff. 2-1-2013; 44 Ky.R. 1884, 2337, 2494; eff. 7-6-2018; Crt eff. 6-27-2025.

501 KAR 16:300 Execution procedures concerning attorneys representing the condemned, witnesses, visitors, and demonstrators {#sec-501-kar-16-300 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:300}

Section 1. Designation of Victim's Family to Witness Execution.

(1) The commissioner shall mail a letter to any of the victim's family described in KRS 431.250 for whom the commissioner has received an address.

(2) The letter sent to the victim's family shall:

(a) State the scheduled execution date; and

(b) Request the victim's family member contact the commissioner to notify him in writing if he wants to be considered for designation as a witness to the execution.

(3) The commissioner may seek an address for the victim's family by:

(a) Review of the condemned person's file; or

(b) Request made to the Commonwealth's Attorney who maintains information concerning the victims of the crime committed by the condemned person.

(4) The commissioner shall designate pursuant to KRS 431.250 the three (3) members of the victim's family who may witness the execution. If the commissioner receives more than three (3) requests from members of the victim's family to witness the execution, the commissioner shall:

(a) Give first preference to a victim's spouse;

(b) Give second preference to a victim's adult child; and

(c) Hold a drawing to select a witness if the requests exceed three (3) after consideration of the preferences or if the requests within a preference exceed three (3).

(5) A letter stating the commissioner's designation shall be mailed to each member of the victim's family who is designated to witness the execution.

Section 2. Additional Notifications Concerning Execution.

(1) The department shall mail a letter that states:

(a) The time that the person shall arrive to witness the execution; and

(b) The location where the person shall go.

(2) The letter shall be mailed to the:

(a) Designated victim's family;

(b) Condemned person's clergy witness and his other three (3) designated witnesses;

(d) Coroner of the county where the execution is to be conducted; and

(e) Sheriff of the county where the condemned person was convicted.

Section 3. Media Representative Procedures.

(1) The department shall send notice to the three (3) news organizations specifically identified in KRS 431.250 as being allowed to have one (1) representative. The notice shall request the identity of the representative who the news organization will designate to attend and witness the execution. The three (3) news organizations shall send the names of the representatives in writing at least fourteen (14) days prior to the execution, unless notice from the department indicates a different time to send the names of the representatives. The notice may request additional information about the representative as needed for security or management.

(2) The Kentucky Press Association may select by lottery three (3) representatives for the newspapers within the state as authorized by KRS 431.250. The Kentucky Press Association shall send the names of the representatives in writing at least fourteen (14) days prior to the execution, unless notice from the department indicates a different time to send the names of the representatives. The department may request additional information about the representatives as needed for security or management.

(3) Selection of the three (3) representatives for broadcast media identified in KRS 431.250 shall be made in the following manner:

(a) The Central Office Public Information Officer shall send a press release advising broadcast media that they may nominate a representative of their organization to attend and serve as an official media witness to the execution. The nomination shall be sent to the commissioner's office in writing at least fourteen (14) days prior to the execution unless notice from the department indicates a different time to send the names for nomination.

(b) A drawing shall be held to select the three (3) representatives for broadcast media in the office of the commissioner.

(4) After media representatives to the execution are separated from other media in preparation for transfer to the witness room, media representatives shall not be permitted to use:

(a) Any item at the execution other than a pen or pencil and paper which shall be provided by the department; and

(b) Audio or video recording devices.

Section 4. Visitors.

(1) Notwithstanding 501 KAR 6:020, CPP 16.1 and 501 KAR 6:040, KSP 16-01-01, visits to the condemned person after receipt of the execution order shall be governed by this administrative regulation.

(2) The visitor shall call the Kentucky State Penitentiary in advance of the requested visit to schedule the visit.

(3) The warden shall designate the location of the visit.

(4) For any visit allowed in this administrative regulation on the day of execution, the condemned person shall not have more than one (1) visitor at a time.

(5) The condemned person may refuse any visitor.

(6) The warden may approve a request from the condemned person for a visitor that is not on the visitation list.

(7) A pat down search may be performed on all visitors before and after the visit.

(8) Media visitors.

(a) Prior to the day of the execution, a member of the media:

Shall not bring any item into the penitentiary, unless prior approval is given by the warden;
Shall make any request to bring items into the penitentiary when calling to request an appointment to visit; and
May request daily visits on weekdays.

(b) On the day of the execution:

The department may establish a media:

a. Staging area where media shall be directed to gather before entering into the penitentiary; and

b. Assembly room where scheduled press briefings may be held prior to the execution. Reporters may submit written questions at each press briefing for response at a subsequent briefing, except for the final briefing; and

Media shall not be allowed visits.

(c) Seven (7) days prior to the execution, the department communication director may issue a press advisory stating the date and approximate time of the pending execution.

(9) Clergy visitors and minister of record visits.

(a) A member of the clergy or the minister of record may request to bring religious items into the penitentiary by making the request to the penitentiary chaplain. The chaplain shall notify the warden of the request. The warden shall:

Give due consideration to any request to bring religious items into the penitentiary; and
Not deny a religious item needed for an end-of-life ceremony unless it poses a significant operational problem or security risk.

(b) Prior to the day of execution, a member of the clergy or the minister of record may request daily visits.

Clergy visits shall not be allowed, except for the minister of record;
The minister of record shall call for an appointment for the visit prior to the day of execution;
The minister of record may visit for thirty (30) minutes up to two (2) hours before the execution;
The visit shall not be a contact visit, unless a religious ceremony, sacrament, or rite accepted by the religion being practiced by the condemned person requires contact to be accomplished; and
If a contact visit is necessary pursuant to subparagraph 4 of this paragraph, then the need for a contact visit shall be stated in the call for the appointment.

(10) Personal visitors.

(a) Prior to the day of execution:

A personal visitor who is listed on the condemned person's visitation list may request daily visits; and
Personal visitors shall be limited to four (4) at a time.

(b) A personal visitor shall not bring any item into the penitentiary.

(11) Attorneys defending the condemned person and staff employed by the office of an attorney defending the condemned person.

(a) An attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person may bring into the penitentiary:

Pens;
Pads of paper without metal; and
Legal documents for a visit with the condemned person. The legal documents and other items shall be searched, but shall not be read by staff performing the search.

(b) Prior to the day of execution, an attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person:

Shall be allowed a visit daily between 7:30 a.m. and 2:30 p.m.; and
May request additional visits.

An attorney defending the condemned person:

a. Shall be allowed a visit between 7:30 a.m. and 2:30 p.m.;

b. May request additional visits until three (3) hours prior to the execution; and

c. Visits shall be noncontact, unless there is a need for the condemned person to sign a document. If a document needs to be signed, the attorney shall be allowed to obtain the signature of the condemned person in a location designated by the warden; and

One (1) attorney representing the condemned person may request phone contact with the condemned person at or near two (2) hours prior to the execution. The call shall be allowed when a break in the execution preparations can be taken without delaying the execution at or near two (2) hours prior to the execution.
One (1) attorney representing the condemned person shall be allowed to have phone contact with the condemned person at or near one (1) hour prior to the execution, if requested. The call shall be allowed when a break in the execution preparations can be taken without delaying the execution at or near one (1) hour prior to the execution.

(d) The warden shall notify the condemned person of all requests from an attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person for a phone call from the condemned person.

Section 5.

(1) An attorney representing the condemned person shall be allowed a space designated by the warden on the day of the execution at the Kentucky State Penitentiary. The space shall include access to a phone and restroom. The attorney shall be escorted to food and drink if needed.

(2) One (1) attorney representing the condemned person shall be allowed to have phone contact with the condemned person, if requested, during a temporary stay that delays the start of the execution.

Section 6. Security and Management Issues.

(1) Witnesses may be staged at the discretion of the warden.

(2) The warden may deny entrance to the Kentucky State Penitentiary to any person, including a witness, media representative, or visitor, who is determined to be a security risk or who becomes disruptive while at the penitentiary.

(3) The warden may limit the:

(a) Items brought onto the grounds of the penitentiary;

(b) Areas where persons may enter or remain at the penitentiary; and

(4) The warden may in his discretion make an exception to the limitations on visitors in Section 4 of this administrative regulation.

Section 7. Demonstrator Procedures.

(1) The warden may designate an area for demonstrators.

(2) A press advisory shall be issued to identify the locations for demonstrators and the time allowed for demonstrations.

Section 8. Notice of Stay.

(1) Prior to the day of execution, an attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person shall give notice of a stay of execution by providing a copy of the stay to the warden.

(2) On the day of execution, an attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person shall give notice of a stay of execution by calling the penitentiary at its main number unless a different phone number is designated by the warden.

(3) If the warden designates a different number, he shall give notice of the designated phone number to the individual at the phone number provided by an attorney defending the condemned person.

(4) An attorney defending the condemned person shall designate an individual to whom the notice in subsection (3) of this section shall be provided by calling the penitentiary and providing the information to the warden's secretary at least three (3) days prior to the day of execution.

Section 9. Obtaining Medical Records.

(1) If an attorney defending the condemned person or staff employed by the office of an attorney defending the condemned person provides an appropriate authorization signed by the condemned person to release medical and mental health records to them, the warden shall make the record available for inspection within twenty-four (24) hours.

(2) After an execution order is signed, a request for inspection or copies of the condemned person's medical or mental health records shall be made in writing to the warden.

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.220, 431.224, 431.240, 431.250, 431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. KRS 431.250 establishes persons who may attend the execution. This administrative regulation establishes preliminary and post execution procedures concerning witnesses, visitors, and demonstrators.
History: 501 KAR 016:300. 36 Ky.R. 1560; 2089-M; 2039-A; eff. 5-7-2010; 44 Ky.R. 1887, 2339, 2496; eff. 7-6-2018; Crt eff. 6-27-2025.

501 KAR 16:310 Pre-execution medical actions {#sec-501-kar-16-310 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:310}

Section 1. Pre-execution Medical Actions after Receipt of Execution Order.

(1) Beginning fourteen (14) days prior to an execution, or for the remaining days if an execution order is received fewer than fourteen (14) days prior to an execution, the condemned person shall receive the following:

(a) A physical examination completed by a doctor or advanced practice registered nurse;

(b) A visit from a nurse at least once per shift;

(d) A psychiatric interview and evaluation to assess for signs of insanity conducted by a licensed psychiatrist or a licensed advanced practice registered nurse (APRN) certified in a psychiatric mental health population focus. The evaluation report shall be placed in the condemned person's medical record and sent to the warden.

(2) All medical professionals referenced in subsection (1) shall:

(a) Personally observe and evaluate the condemned person's medical condition; and

(b) Document his or her observations and evaluations in the condemned person's medical record immediately after personal contact with the condemned person.

(3) The designated medical professional shall review and sign the nursing documentation daily.

(4) A psychiatrist shall review the nursing documentation and any other mental health or medical documentation weekly.

(5) All Kentucky State Penitentiary medical and mental health staff shall be instructed to immediately notify the warden and the designated medical professionals of any change in the condemned person's medical or psychiatric condition.

Section 2. Pregnancy Testing for Female Condemned Persons.

(1) If the condemned person is female, a pregnancy test shall be administered.

(2) A pregnancy test shall be administered at least seven (7) days prior to the scheduled date of execution, unless the execution order is received less than seven (7) days prior to the scheduled date of execution.

(3) If the execution order is received less than seven (7) days prior to the scheduled date of execution, a pregnancy test shall be administered as soon as practicable.

(4) If a pregnancy test is positive, then the department shall:

(a) Give written notice to the Attorney General or his designee, the condemned person's counsel, the condemned person, and the Governor's Office or court issuing the mandate that the condemned person is pregnant; and

(b) Suspend the execution pursuant to KRS 431.240(2).

Section 3. Insanity Issues.

(1) Subsequent to the examination required by Section 1(1)(d) of this regulation, if the warden receives information from medical or mental health staff that the condemned person exhibits signs or symptoms indicating that he or she may be insane as demonstrated by an inability to rationally understand why the state wants to execute him or her, the warden shall inform the designated medical professional.

(2) If the designated medical professional receives information from the warden or department medical or mental health staff, he shall determine:

(a) The source of the information; and

(b) If the information is not from the department psychiatrist, whether it is sufficient to indicate that an additional psychiatric evaluation needs to be performed on the condemned person.

(3) The designated medical professional shall order another psychiatric evaluation if he determines one is needed.

(4) If a department psychiatric evaluation determines that the condemned person may be insane as demonstrated by an inability to rationally understand why the state wants to execute him or her, the department shall:

(b) Suspend the execution pursuant to KRS 431.240(2) to allow procedures consistent with KRS 431.2135.

Section 4. Intellectual Disability.

(1) A licensed psychologist shall review the following records for the condemned person already in the possession of the department:

(a) Inmate record as set forth 501 KAR 6:540;

(b) Education records;

(d) Medical records; and

(e) Mental health records.

(2) The psychologist shall also review any records submitted by the condemned person and interested third parties, including the condemned person's attorney, pursuant to Section 5 of this regulation.

(3) The records shall be reviewed for:

(a) Documentation indicating an intellectual disability as indicated by:

The criteria in the Diagnostic and Statistical Manual (DSM);
The American Association on Intellectual and Developmental Disabilities (AAIDD); or
Other similar prevailing medical standards and clinical guidelines; or

(b) An IQ test score of seventy-five (75) or lower after adjustment for the applicable standard error of measurement.

(4) If the psychologist finds documentation that meets the criteria in subsection (3) of this section, he or she shall immediately notify the warden.

(5) If the warden is notified by the psychologist described in subsection (4) of this section concerning a record indicating an intellectual disability or an IQ test score of seventy-five (75) or less for the condemned person after adjustment for the applicable standard error of measurement:

(a) The warden shall notify the Commissioner;

(b) The Commissioner shall notify in writing the Attorney General or his designee, the condemned person's counsel, and the condemned person of the record located; and

(c) The Commissioner shall suspend the execution pursuant to KRS 532.140 to allow procedures consistent with KRS 532.135.

(6) If there has been a final adjudication by a court of law regarding whether the condemned person suffers from an intellectual disability and there has been no intervening change in relevant law or clinical guidelines regarding intellectual disability, the review required by this section shall not occur.

(7) The Justice and Public Safety Cabinet Office of Legal Services shall determine:

(a) Whether there has been a final adjudication by a court of law regarding whether the condemned person suffers from an intellectual disability; and

(b) Whether there has been an intervening change in relevant law or clinical guidelines regarding intellectual disability.

Section 5. Submission of Records by the Condemned Person and an Interested Third Party.

(1) No later than seven (7) days before a scheduled execution, the condemned person and an interested third party may submit records indicating the possibility of an intellectual disability or an IQ test score of seventy-five (75) or lower after adjustment for the applicable standard error of measurement for the condemned person.

(2) The condemned person may submit records to the warden through institutional mail who shall then ensure the submitted records are included for review as set forth in Section 4 of this administrative regulation.

(3) An interested third party may submit records to the department by mailing the records to doc.deathrowdisability@ky.gov or Warden, Kentucky State Penitentiary, 266 Water Street, Eddyville, Kentucky 42038.

(4) By submitting the records, the interested third party is certifying that the records are true and accurate to the best of their knowledge or belief.

Section 6. Execution Substances.

(1) The warden shall:

(a) Notify medical staff and the ambulance service of the substances that may be used for the execution so that planning can be done in case of suspension of the execution after the drugs have been administered; and

(b) Direct medical staff to review the medications of the condemned person for a potential adverse reaction to the substances and notify the warden if a known potential adverse reaction is identified.

(2) If the warden is notified that a known potential adverse reaction has been identified, the warden shall notify the commissioner and the ambulance service.

(3) If the commissioner is notified that a known potential adverse reaction has been identified, the commissioner shall notify the Attorney General or designee, the condemned person's counsel, the condemned person, and the Governor's Office in writing of the potential adverse reaction.

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270, 532.135, 532.140
STATUTORY AUTHORITY: KRS 196.035, 197.020, 314.011, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes medical actions to be performed after receipt of the execution order and prior to the execution.
History: 501 KAR 016:310. 36 Ky.R. 1563; 2092-M; 2041-A; eff. 5-7-2010; 39 Ky.R. 606; eff. 2-1-2013; 44 Ky.R. 1891, 2343, 2498; eff. 7-6-2018; 49 Ky.R. 2363; 50 Ky.R. 832; 1271; eff. 3-5-2024; 52 Ky.R. 309; eff. 4-7-2026.

501 KAR 16:320 Execution team qualifications {#sec-501-kar-16-320 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:320}

Section 1. Selection of Execution Team.

(1) The warden of the Kentucky State Penitentiary shall be a member of the execution team by virtue of his official position.

(2) The warden shall designate a deputy Warden to be a member of the execution team.

(3) All other members of the execution team shall not be required to serve as members of the execution team without their consent.

(4) An execution team member shall read and understand the execution procedures. A review of the execution procedures shall be conducted by the warden annually.

Section 2. IV Team Qualifications.

(1) At least two (2) members of the execution team shall be designated as the IV team for an execution by lethal injection. An IV team shall not be part of the execution team for an execution by electrocution.

(2) A member of the IV team shall be a:

(a) Phlebotomist;

(b) Emergency Medical Technician;

(d) Military Corpsman.

(3) A member of the IV team shall:

(a) Have at least one (1) year of professional experience in his specialty or profession;

(b) Remain certified in his specialty or profession; and

(4) Prior to participating in an execution, a member of the IV team shall have participated in at least two (2) execution practices receiving step-by-step instructions from an existing IV team member.

(5) The warden shall review annually the training and current certification, as appropriate, of each IV team member to ensure compliance with the required qualifications and training.

Section 3. Execution Practice.

(1) Each practice shall include a complete walk through of an execution.

(2) For execution by lethal injection:

(a) The execution team shall practice the lethal injection execution process at least ten (10) times during the course of one (1) calendar year; and

(b) Each practice shall include the siting of two (2) IVs into a person who serves voluntarily.

(3) For execution by electrocution:

(a) The execution team shall practice the electrocution process at least two (2) times during the course of one (1) calendar year; and

(b) During each practice of execution by electrocution, the execution team shall:

Visually inspect the:

a. Headgear and electrode;

b. Strap and electrode for the leg;

c. Leather straps on the chair; and

d. Cables to the electrocution equipment; and

Use a testing device placed in the chair and connected to the cables of the electrocution equipment to simulate an electrocution.

(4) The warden shall maintain a record of all execution team training documenting the:

(a) Date of practice;

(b) Type of execution practiced; and

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the Cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes the qualifications for the execution team.
History: 36 Ky.R. 1565; 2094-M; 2042-A; eff. 5-7-2010; Crt eff. 2-20-2020.

501 KAR 16:330 Lethal injection protocols {#sec-501-kar-16-330 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:330}

Section 1. Procurement, Storage, and Accountability of Execution Substances.

(1) Upon receipt of an execution order, the warden shall check the supply of substances and their expiration dates. If a substance is needed, the warden shall place an order to obtain the necessary substance for the lethal injection protocol listed in Section 3 of this administrative regulation.

(2) The substance shall be stored according to any manufacturer's instructions and placed in a secured area of the penitentiary in a locked container. The warden shall maintain control of the keys to the secured areas and container.

(3) A log shall be maintained in the storage container which shall record:

(a) New supply of a substance received and added to inventory;

(b) Substance removed for use;

(d) Any other reason that a substance is removed or deducted from inventory.

Section 2. Preliminary Steps.

(1) The condemned person shall be executed by using the Protocol in Section 3 of this administrative regulation.

(2) The penitentiary shall have a minimum of three (3) phones that may be used simultaneously available for communication with the courts and counsel on the day of execution. The warden shall determine if necessary phones are operational prior to the execution.

(3) If the condemned person is to be executed by lethal injection:

(a) If male, his chest shall be shaved by a designated member of the execution team for heart monitor leads on the day of execution; and

(b) The IV team shall complete an examination of the condemned person's veins within twenty-four (24) hours prior to the execution to determine possible locations of the IV sites.

(4) On the day of execution the warden shall provide to the IV team a sufficient amount of one of the substances listed in Section 3(1) of this administrative regulation to prepare primary and backup syringes for the substance to be used.

(5) At the execution building, the substance and saline shall be drawn into the primary and backup syringes by one (1) member of the IV team designated by the warden in accordance with Section 3 of this administrative regulation. The other member of the IV team shall observe preparation of the substance and verify that the instructions and procedures have been carried out correctly.

(6) Any syringe that is loaded with a substance that is not used during the execution shall be destroyed and documented in the log maintained in accordance with Section 1(3) of this administrative regulation.

(7) Any unused substance that was not prepared for the execution shall be:

(a) Returned to the warden;

(b) Locked in the storage container; and

(8) A member of the IV team shall determine the appropriate size needle based on the examination of the condemned person's veins within the five (5) hours prior to the execution.

(9) The warden shall order the condemned person escorted to the execution chamber and strapped to the gurney.

(10) The IV team shall run the IV lines to the condemned person by selecting a site and inserting the following:

(a) One (1) primary intravenous (IV) catheter; and

(b) One (1) backup IV catheter.

(11) Location of the IV catheters.

(a) The location of the IV catheters on the body of the condemned person shall be determined by the IV team members. The insertion site of preference shall be the following order:

Arms;
Hands;
Ankles; or
Feet.

(b) The neck shall not be used for an IV catheter.

(12) To best ensure that a catheter is inserted properly into a vein, the IV team members shall look for the presence of blood in the hub of the catheter.

(13) If the IV team cannot secure two (2) IV catheters within a reasonable time, not to exceed two (2) hours, the Commissioner shall notify the Governor's Office that the execution has been suspended until a new execution order is received.

(14) The team shall start a saline flow as it establishes a catheter with IV tubing. A member of the execution team shall observe the IV to ensure that the flow is uninterrupted.

(15) The execution team shall:

(a) Securely connect the electrodes of the cardiac monitor to the condemned person; and

(b) Ensure the equipment is functioning.

(16) Counsel assigned by the cabinet and counsel assigned by the office of the Attorney General shall be asked whether any stays, orders, pardons, or commutations of sentence have been received.

(17) The viewing curtain shall be opened.

(18) The warden shall announce the execution to the witnesses.

(19) The warden shall ask the condemned person if he wants to make a final statement and provide a brief opportunity of not less than two (2) minutes for him to do so. The warden may impose reasonable restrictions on the content and length of the statement. The warden may also terminate a statement that he or she believes is intentionally offensive to the witnesses. The witnesses shall be allowed to hear the condemned person's statement.

(20) The warden shall order the execution to proceed.

Section 3. Protocol.

(1) One (1) of the following substances under whatever name it may be known or sold by, including generic, trade, brand, or other name, may be used:

(a) Pentobarbital; or

(b) Thiopental sodium.

(2) For the substance being used for the execution, the following syringes shall be prepared for both the primary and backup IVs:

(a) For pentobarbital:

Sufficient syringes shall be prepared for a total of five (5) grams of pentobarbital;
The five (5) grams may consist of two (2) syringes prepared with two and five-tenths (2.5) grams of pentobarbital for a total of five (5) grams/100 milliliters of solution; and
A separate syringe shall be prepared with saline to flush the line; or

(b) For thiopental sodium:

Sufficient syringes shall be prepared for a total of five (5) grams of thiopental sodium;
The five (5) grams may consist of four (4) syringes prepared with 1.25 grams/50 milliliters; and
A separate syringe shall be prepared with saline to flush the line.

(3) The flow of saline through the IV to be used shall be discontinued.

(4) The five (5) grams of the selected substance and saline shall be administered.

(5) A stopwatch shall be started after the injection of the final syringe.

(6) During the injection the warden and deputy warden shall watch the primary IV for failure, leakage, the catheter coming out of a vein, or any other problem. If the IV fails or leaks, the catheter comes out of the vein, or any other significant problem arises, the execution team shall be instructed to switch to the backup IV.

(7) A designated execution team member shall:

(a) Observe the heart monitor; and

(b) Advise the coroner and physician when electrical activity of the heart has ceased as indicated by a flat line on the heart monitor.

(8) The viewing curtain shall be drawn before the:

(a) Coroner enters the chamber to declare death; and

(b) Physician enters the chamber to certify the cause of death.

(9) If the heart monitor does not show a cessation of electrical activity of the heart after twenty (20) minutes of all injections through the primary IV, then the Warden shall order the injection of the substance and saline contained in the backup syringes be administered through the backup IV in accordance with this section.

(10) If death does not occur within a sufficient time after all injections through the backup IV, the Commissioner shall notify the Governor's Office that the execution has been suspended until a new execution order is received. The medical staff on site shall attempt to stabilize the condemned person with the equipment and personnel listed in Section 5(1) of this administrative regulation.

Section 4. Post Lethal Injection Steps.

(1) If the Coroner declares death, the warden shall announce the completion of the execution to the witnesses. The viewing curtain shall be open during the warden's announcement.

(2) The witnesses shall be escorted out of the witness room.

Section 5. Stabilization Procedure.

(1) Before an execution commences:

(a) The warden shall arrange for an ambulance and staff to be present on penitentiary property during the execution; and

(b) A medical crash cart and defibrillator shall be located in the execution building in close proximity to the execution chamber.

(2) If at any time during the execution process the Governor grants a pardon or commutes the sentence of the condemned person or if a court of competent jurisdiction issues a stay after an execution has commenced:

(a) The execution team shall stop the execution; and

(b) The medical staff on site shall attempt to stabilize the condemned person with the equipment and personnel listed in subsection (1) of this section.

Section 6. Volunteer.

(1) If a condemned person, who is a volunteer, tells department staff that he does not wish to continue with the execution process, the staff shall tell the warden.

(2) If the execution is in process:

(a) The execution team shall stop the execution; and

(b) If any of the substances have been injected, the medical staff on site shall attempt to stabilize the condemned person with the equipment and personnel listed in Section 5(1) of this administrative regulation.

(3) The warden shall allow the condemned person to contact his attorney.

(4) The warden shall notify the commissioner.

(5) The commissioner shall notify the Governor's Office or court issuing the mandate.

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213 – 431.270
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the Cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes the protocols for execution by lethal injection.
History: 501 KAR 016:330. 36 Ky.R. 1566; 2096-M; 2042-A; eff. 5-7-2010; 39 Ky.R. 609; 1204; eff. 2-1-2013; 44 Ky.R. 1893, 2345, 2499; eff. 7-6-2018; Crt eff. 6-27-2025.

501 KAR 16:340 Electrocution protocol {#sec-501-kar-16-340 omnilex-key=us-ky-regs-official--title-501--501 KAR 16:340}

Section 1. Preliminary Steps.

(1) The penitentiary shall have a minimum of three (3) phones that may be used simultaneously available for communication with the courts and counsel on the day of execution. The warden shall determine if necessary phones are operational prior to the execution.

(2) The electrocution equipment shall be designed to deliver approximately five (5) to ten (10) amps depending upon the condemned person's physique at the designed voltage.

(3) The electrocution equipment shall be checked and tested in accordance with 501 KAR 16:320, Section 3(3), within forty-eight (48) hours of the time scheduled for an execution by electrocution.

(4) A sodium chloride solution shall be made by a member of the execution team within five (5) hours prior to the time scheduled for an execution by electrocution by the following:

(a) Approximately five (5) gallons of water at room temperature shall be placed in a container; and

(b) Up to 128 ounces of iodized table salt shall be slowly added to the water while continuously mixing until the water will not visibly absorb salt. Sufficient absorption is observed when the salt will not dissolve in the water and visibly collects at the bottom of the container.

(5) Natural sea sponges for the head and leg electrodes shall be prepared by soaking them in the sodium chloride solution until they are saturated.

(6) If the penitentiary does not have power when the execution is scheduled to commence, the generator for the execution building shall be started.

(7) The condemned person's head and one (1) leg shall be shaved on the day of execution.

(8) The warden shall order the condemned person escorted to the execution chamber and strapped in the chair.

(9) The warden shall order the viewing curtain opened.

(10) The warden shall announce the execution to the witnesses.

(11) The warden shall ask the condemned person if he wants to make a final statement. If a statement is made by the condemned person, it shall be limited to two (2) minutes. The witnesses shall be allowed to hear the condemned person's statement.

(12) The warden shall announce the final preparations for the execution to the witnesses.

(13) The viewing curtain shall be closed.

(14) The execution team members shall:

(a) Attach the chin strap to the condemned person;

(b) Attach the head gear to the condemned person;

(d) Adjust the back board;

(e) Attach the cables from the electrocution equipment to the head and leg electrodes with the nuts sufficiently tightened to ensure a firm connection;

(f) Wipe any salt water released from the sponges from condemned person's head and leg; and

(g) Secure the condemned person's leather face covering.

(15) The warden shall make a visual check of connections and straps.

(16) The execution team shall exit the execution chamber.

(17) The viewing curtain shall be opened.

(18) The warden shall:

(a) Announce the execution of the condemned person to the witnesses; and

(b) Pull the face covering over the condemned person's face.

(19) All persons except the condemned person shall exit the execution chamber.

(20) Counsel assigned by the cabinet, and counsel assigned by the Attorney General shall be asked whether any stays, orders, pardons, or commutations of sentence have been received.

Section 2. Execution.

(1) The warden shall order the execution to proceed.

(2) The execution equipment shall be activated for a two (2) minute cycle. The cycle shall consist of:

(a) Approximately 2,400 volts for a period of fifteen (15) seconds; and

(b) Approximately 240 volts for the remainder of the two (2) minute cycle.

(3) If the warden sees evidence of a malfunction, he shall press the stop button on the electrocution equipment to end the cycle.

(4) At the end of the two (2) minute cycle:

(a) The viewing curtain shall be closed; and

(b) The warden shall observe the condemned person for signs of life for five minutes, which at a minimum shall include pulse and respiration.

(5) If the warden observes signs of life during the five (5) minute observation period:

(a) The viewing curtain shall be opened; and

(b) The warden shall order the execution cycle stated in subsection (2) of this section be repeated.

(6) If the warden observes signs of life again, the execution shall be stopped. The commissioner shall contact the Governor's Office and request that the execution be suspended.

(7) If the warden does not observe signs of life:

(a) The coroner shall check the condemned person to declare death, which at a minimum, shall include pulse and pupils; and

(b) The physician shall certify the cause of death.

Section 3. Post Execution Steps.

(1) The warden shall announce the completion of the execution to the witnesses. The viewing curtain shall be open during the warden's announcement.

(2) The witnesses shall be escorted out of the witness room.

Section 4. Stabilization Procedure.

(1) Before an execution commences:

(a) The warden shall arrange for an ambulance and staff to be present on penitentiary property during the execution; and

(b) A medical crash cart and defibrillator shall be located in the execution building in close proximity to the execution chamber.

(a) The execution team shall stop the execution; and

(b) The medical staff on site shall attempt to stabilize the condemned person with the equipment and personnel listed in subsection (1) of this section.

Section 5. Volunteer.

(1) If a condemned person, who is a volunteer, tells department staff that he does not wish to continue with the execution process, the staff shall tell the warden.

(2) If the execution is in process:

(a) The execution team shall stop the execution; and

(b) The medical staff on site shall attempt to stabilize the condemned person with the equipment and personnel listed in Section 4(1) of this administrative regulation.

(3) The warden shall allow the condemned person to contact his attorney.

(4) The warden shall notify the commissioner.

(5) The commissioner shall contact the Governor's Office and request that the execution be suspended.

History

RELATES TO: KRS 196.030, 196.070, 196.180, 431.213-431.270
STATUTORY AUTHORITY: KRS 196.035, 197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 431.270
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 and 197.020 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the cabinet or any of its divisions. KRS 431.220 establishes requirements for the execution of the death penalty. This administrative regulation establishes the protocol for execution by electrocution.
History: 501 KAR 016:340. 36 Ky.R. 1569; 2099-M; 2044-A; eff. 5-7-2010; 44 Ky.R.1897, 2349; eff. 7-6-2018; Crt eff. 6-25-2025.