501 Ky. Admin. Regs. 3:130

Current through Register Vol. 51, No. 5, November 1, 2024

Section 501 KAR 3:130 - Prison programs; services

RELATES TO: KRS 439.179, 441.055, 441.125, 532.100

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.

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.

501 KAR 3:130

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.

STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 532.100(5)(d)