501 KAR 3:040. Personnel.
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.
Section 1. Staffing. (1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of two (2) staff members, excluding communication staff. If requested by the jailer or fiscal court, the Department of Corrections may conduct a staffing analysis.
(2) 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. All persons who work inside the secure perimeter of the jail shall be at least twenty-one (21) years of age.
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. Training; Curriculum. (1) In order to qualify for the training expense allowance under KRS 441.115, the jailer shall successfully complete a minimum of forty (40) hours annual in-service training certified by the department.
(a) Local corrections training efforts shall be certified by the department prior to the training.
(b) The Curriculum Advisory Committee shall advise the department on topics for training curriculum.
(c) Jailer training shall be delivered on a regional basis by the department or by computer-based training, if appropriate.
(2) Jail personnel shall attend a minimum of sixteen (16) hours annual in-service training delivered by the department on a regional or local basis or approved by the department if delivered by another agency.
(3) Jail staff who are assigned to a direct supervision area shall receive forty (40) hours of preservice training related to direct supervision. The training shall be approved by the Department of Corrections.
Section 5. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every staff position.
Section 6. Physical Fitness. The jailer shall ensure a level of physical fitness is maintained that will allow each employee to satisfactorily perform his or her duties.
Section 7. 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 jail's policy and procedures manual and shall include the following:
(a) An employee shall not:
1. Exchange a personal gift or favor with a prisoner, prisoner's family, or friends;
2. Accept any form of bribe or unlawful inducement;
3. Perform duties under the influence of an intoxicant or consume an intoxicant while on duty;
4. Violate or disobey an established rule, administrative regulation, or lawful order from a superior;
5. Discriminate against a prisoner on the basis of race, religion, creed, gender, national origin, or other individual characteristic;
6. Employ corporal punishment or unnecessary physical force;
7. Subject a prisoner to physical or mental abuse;
8. Intentionally demean or humiliate a prisoner;
9. Bring a weapon or an item declared as contraband into the jail without proper authorization;
10. Engage in critical discussion of staff or a prisoner in the presence of another prisoner;
11. Divulge confidential information without proper authorization;
12. Withhold information which threatens the security of the jail, its staff, visitors, or the community;
13. Through negligence or intentionally, endanger the well-being of self or another;
14. Engage in a business or profitable enterprise with a prisoner;
15. Inquire about, disclose, or discuss details of a prisoner's crime other than as may be absolutely necessary in performing official duties;
16. 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
17. 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:
1. Comply with established rules, administrative regulations, and lawful orders from a superior;
2. Treat each prisoner in a fair, impartial manner; and
3. 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. (9 Ky.R. 637; eff. 3-2-83; Am. 13 Ky.R. 677; eff. 11-11-86; 19 Ky.R. 1846; 2619; eff. 6-7-93; 26 Ky.R. 159; 27 Ky.R. 81; eff. 7-17-2000; 31 Ky.R. 1547; 1790; eff. 5-26-05; 34 Ky.R. 1173; 1958; eff. 3-7-2008.)