501 Ky. Admin. Regs. 7:020

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

Section 501 KAR 7:020 - Administration; management

RELATES TO: 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. This administrative regulation establishes procedures to be followed for the administration and management of restricted custody centers.

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;

(c) Personnel;

(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;

(c) Serious injury, whether accidental or self-inflicted;

(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;

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

(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;

(c) Infraction reports;

(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;

(c) Information to be disclosed;

(d) Date consent form is signed; and

(e) Signature of prisoner.

501 KAR 7:020

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.

STATUTORY AUTHORITY: KRS 441.045, 441.055