††††† 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) A category I jail with eighty (80) beds or less 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.
(2)(a) A category I jail with eighty-one (81) to 100 beds shall provide awake supervision for all prisoners by providing a minimum of three (3) jail personnel, excluding jail personnel designated for communication, between the hours of 6:00 a.m. and 10 p.m., except as provided in paragraph (c) of this subsection.
(b) The jail shall provide a minimum of two (2) jail personnel, excluding jail personnel designated for communication, for the remaining hours of the day.
(c) If the jailís night shift does not coincide with the hours of 10 p.m. to 6:00 a.m., then the jail may request in writing an exception to allow the jail to meet the minimum requirements in paragraph (a) of this subsection during a different time frame. The division may approve an exception for a different time frame to comply with paragraph (a) of this subsection.
(3) A category 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.
(4) A staffing analysis may be requested by the jailer or governing authority.
††††† (5) 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. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every position.
††††† Section 5. 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 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 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 prisonerís friend;
††††† 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 jail employees 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, jail employees, 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 prisonerís 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; 37 Ky.R. 2492; 38 Ky.R. 571; 479; eff. 11-4-11.)