501 KAR 3:020. Administration; management.

501 KAR 3:020. Administration; management.

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 sets forth procedures for the administration and management of those jails.

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 an operations manual of policy and procedure that has been adopted by the fiscal court or regional jail authority and filed with the Department of Corrections.

(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.

(3) The operations 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; and

(l) Admission and release.

(4) The operations manual shall be reviewed and updated at least annually. All revisions shall be marked with the effective date and filed with the Department of Corrections.

Section 2. Legal Assistance. (1) The jailer for a jail that elects to house state prisoners shall be represented and advised by the county attorney as provided in KRS 69.210.

(2) The county attorney shall advise the fiscal court in writing if legal representation or legal advisement to the jailer by that office is inappropriate or creates a conflict of interest. The fiscal court 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 fiscal court shall be encouraged to carry liability insurance for the jail staff and other county officials.

Section 3. Legal Assistance for Regional Jails. The jail administrator for a regional jail which elects to house 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 for a jail that elects to house 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 consent of the prisoner, news media shall be permitted to interview any prisoner as set forth in the jail's policy and procedure manual except if the safety and security of the jail is affected.

(3) Written policy and procedure shall set forth the time and length allowable for prisoner interviews.

(4) All official statements to the news media, relating to jail administration policy, shall be made by the jailer only or his designee.

(5) Release of prisoner information.

(a) All requests for information shall be addressed to the jailer.

(b) Governmental agencies shall be provided with information pertinent only to their specific function.

(6) Information shall not be released that is detrimental to another prisoner.

Section 5. Information Systems. The jailer for a jail that elects to house 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. Written guidelines shall specify the length of time a prisoner record shall be maintained after a prisoner's release from custody and the conditions under which archives are maintained.

(3) A telephonic report to the Department of Corrections 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, but shall not be limited to:

(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) Battery, whether by a staff member or prisoner;

(h) Sexual assaults;

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

(j) Violent acts or behavior by either mental inquest detainees held under KRS Chapter 202A or prisoners known to be or suspected to be mentally ill or mentally retarded; and

(k) Any serious event that threatens the safety or security of the facility or staff.

(4) Each jail electing to house state prisoners shall keep a log of daily activity within the jail.

(5) Each jail electing to house state prisoners shall assign a staff member the responsibility to enter, maintain, and audit the training records for the jail’s staff. The assigned staff member shall utilize the current DOC training records management system to meet this responsibility. A current and accurate personnel record shall be maintained on each employee. Each employee shall have access to his individual record.

(6) Each jail electing to house state prisoners shall be required to provide the Department of Corrections with a weekly population update that shall include the number of state prisoners, federal prisoners and county prisoners.

(7) Each jail electing to house state prisoners shall provide the Department of Corrections with a monthly "PREA" report via KOMS or electronically that shall include the number of incidents of sexual contact between staff, staff on inmate, inmate on staff, and inmate on inmate.

(8) Each jail electing to house state prisoners shall provide the Department of Corrections 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.

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 but not be limited to:

(a) Court orders;

(b) Personal property receipts;

(d) Reports of disciplinary actions;

(e) Work record and program involvement; and

(f) Unusual occurrences and in the event of the death of a prisoner, disposition of the prisoner's property and remains.

(2) Medical records shall be maintained as required by 501 KAR 3:090.

(3) The jailer for a jail which elects to house state prisoners shall ensure that prisoner records are safeguarded in accordance with relevant federal and state laws and administrative regulations.

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

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

(b) Name of facility releasing information;

(d) Purpose of the information;

(e) Date consent form is signed;

(f) Signature of prisoner; and

(g) Signature of employee witnessing the prisoner's signature.

(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 elects to house state prisoners shall seal the records and the mental inquest detainee's stay at the jail shall be deemed never to have occurred. (9 Ky.R. 636; Am. 924; eff. 3-2-83; 13 Ky.R. 675; eff. 11-11-86; 22 Ky.R. 1347; eff. 3-7-96; 29 Ky.R. 2756; 30 Ky.R. 22; eff. 7-17-2003; 31 Ky.R. 1544; 1789; eff. 5-26-05; 34 Ky.R 1171; 1956; eff. 3-7-2008.)