501 KAR 3:050. Physical plant.

501 KAR 3:050. Physical plant.

RELATES TO: KRS 441.045, 441.055, 441.064, 441.075

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 standards and procedures to be followed in the design and construction of full-service jails.

Section 1. Consultation. The department shall provide to a county government seeking to remodel an existing jail or construct a new jail, a consultant knowledgeable in the design, utilization, and operation of jails. The consultant shall meet with the appropriate officials of that county and advise them concerning:

(1) Site selection;

(2) Probable need as it relates to capacity and types of prisoners to be housed;

(3) Sources of financing for constructing;

(4) Laws and administrative regulations relating to treatment of prisoners;

(5) Laws and administrative regulations relating to facilities for prisoners;

(6) Sources of revenue for operations of the jail;

(7) Probable cost for operation of the jail; and

(8) Potential for sharing facilities with adjoining counties.

Section 2. Site Acceptance. A jail shall not be built without site acceptance by the department. The following criteria shall be considered in site selection:

(1) Size;

(2) Proximity to court;

(3) Proximity to community resources;

(4) Availability of public transportation;

(5) Environmental health;

(6) Adequate parking; and

(7) Provisions for future expansion.

Section 3. Construction Documents. Prior to the renovation or construction of any jail, or for information review purposes, plans and specifications shall be submitted to the department for review and approval. Plans and specifications for jail renovation or construction shall contain the following criteria and documentation:

(1) For major renovation or new construction or information review purposes, a programming phase, to include:

(a) Evaluation of existing facility;

(b) Population analysis as based on the NIC (National Institute of Corrections) staffing analysis, and shall include, jail's operations, jail programs, court location, and transportation issues;

(c) Space requirements based on population analysis and standards for the facility and site outlined in this administrative regulation;

(d) Staffing analysis;

(e) Cost analysis to include construction and operation costs;

(f) Financing alternatives, if applicable;

(g) Design-construction time schedule; and

(h) Summary and recommendations.

(2) A schematic phase containing:

(a) A scale drawing of each floor plan with proposed rooms and areas one-eighth (1/8) inch minimum;

(b) A scale drawing of the site, locating the building, parking and other facilities one (1) inch equals fifty (50) feet;

1. Size;

2. Proximity to court;

3. Proximity to community resources;

4. Availability of public transportation;

5. Environmental health;

6. Adequate parking; and

7. Provisions for future expansion.

(d) Sections through the proposed structure indicating deck heights of rooms, mechanical spaces, roof slopes and other related information;

(e) Scale elevation drawing of exterior walls;

(f) Schematic cost estimate to include revised construction and operation costs; and

(g) A revised design-construction time schedule.

(3) A design development phase containing:

(a) A scale drawing on each floor plan with proposed rooms and areas with their dimensions one-eighth (1/8) inch minimum;

(b) All necessary construction drawings including construction details;

(d) A proposed contract with general and special conditions;

(e) Engineering calculations for the foundations, structure, heating, ventilating, air conditioning, lighting and plumbing; and

(f) Detailed estimates of cost of land, site development, construction, financing, professional services, equipment and furnishings.

(4) Construction document phase containing:

(a) Revised design development construction drawings following review by all applicable agencies, signed by an architect registered in the Commonwealth of Kentucky, and revised if necessary to include changes required by the department; and

(b) Revised design development specifications of material and workmanship following review by all applicable agencies.

(5) A contract administration phase containing:

(a) Signed copies of the contracts for construction, financing and bonding;

(b) Signed copies of the construction permits; and

(6) Every change order shall be submitted to the department for review and approval.

Section 4. Approval of Renovation, Construction Plans and Specifications. (1) Construction shall not begin until the construction document phase has been approved. The department shall:

(a) Review each submission within thirty (30) days of receipt; and

(b) Issue a letter of:

1. Approval;

2. Acceptance with required changes; or

3. Rejection, with reasons stated.

(2) Depending on the site of the proposed construction, renovation or addition, the department may combine two (2) or more of the phases outlined in Section 3 of this administrative regulation, for review and approval.

(3) A change to the plan shall require redrawing unless specifically exempted by the department. Specifications shall be rewritten to reflect a change.

Section 5. Waiver of Compliance. (1) The department may grant a waiver of the implementation of the physical plant standards for an existing jail if the department determines:

(a) That strict compliance shall cause unreasonable difficulties;

(b) That a waiver shall not seriously affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail; and

(c) That compliance shall be achieved in a manner other than that specified, but in a manner that is sufficient to meet the intent of this administrative regulation.

(2) If a waiver from a standard is desired, the responsible local authority shall submit a written request to the department. The written request shall include the following information:

(a) Citation of the specific standard involved;

(b) Identification and description of the specific difficulties involved in meeting strict compliance;

(d) Provision of sufficient documentation which shall demonstrate that the waiver, if granted, shall not jeopardize the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail.

(3) A waiver, if granted by the department, shall apply only to the petitioner for the specific situation cited and for the period of time specified and shall include any requirements imposed by the department as conditions upon the waiver. A waiver shall not be granted for longer than twelve (12) months. A waiver granted for a twelve (12) month period shall be reviewed for reapproval at the end of the period.

Section 6. Facility Design. All existing jails that are in operation and have prior approval from the department shall be exempt from the requirements of this section until the facility is renovated. Depending upon its size and intended use, each jail shall include within its walls the following facilities and equipment:

(1) Entrances. Each jail shall have three (3) separate and distinct entrances: a public entrance, a prisoner entrance and a service entrance. The department may permit these entrances to be combined.

(a) Public entrance. The purpose of this entrance shall be to divert the general public from the security area of the jail and from contact with incoming prisoners. This area shall be the location for the general public to conduct their business at the jail. The following design features shall be incorporated:

1. Provide a clear view of this entrance from the control room by means of direct surveillance or closed circuit TV; and

2. Meet the requirements for handicapped persons.

(b) Service entrance. The purpose of this entrance shall be to provide access to service vehicles and delivery trucks with minimum security risks. It shall be located in close proximity to storage rooms and the kitchen area.

(c) Prisoner entrance. The purpose of this entrance shall be to provide secure and controlled access to the jail for prisoners. The entrance shall be serviced by an enclosed drive-in sally, located adjacent to the jail intake area, and port made secure by electronically or manually operated doors for entrance and exit, or a secure walk-in vestibule and shall incorporate the following design features:

1. Be located adjacent to the booking area;

2. Be monitored from the control room;

3. Be free of steps or other obstacles;

4. Be protected from inclement weather;

5. Have a security penal-type pistol locker in the sally port or vestibule; and

6. Have approved penal-type hardware and equipment.

(d) If the vestibule is used for outside entrance, at least the outer entry door shall be remotely operated.

(2) Exits. An opening in the security perimeter shall be secured with a penal device. Fire exits, if possible, shall open into controlled, secured courts or exercise areas.

(3) Administrative areas. Administrative areas shall provide space outside the secured area of the jail for the housing of administrative offices and to accommodate the public. Administrative areas shall contain the following additional areas:

(a) A waiting area which shall provide:

1. Space for the general public;

2. Protection from inclement weather; and

3. If the facility is a new jail, ADA compliant toilet facilities for both male and female persons and drinking fountains;

(b) A visiting area, public side which shall:

1. Provide for private communication with prisoners;

2. Be located in close proximity to the waiting area; and

3. Provide at least one (1) ADA compliant space.

(d) An entrance to the security area which shall:

1. Provide secure access to the security area;

2. Be of penal-type; and

3. Have access controlled from the security area.

(4) Security area. The area shall enclose those facilities and services required for or used by prisoners. It shall contain a booking area. The purpose shall be to provide a private and separate area, properly equipped to carry out admission and release procedures. The equipment shall be penal-type. This area shall be designed for different classes of prisoners. Design features for this area shall include:

(a) Close proximity to a secure area for storage of prisoner personal property;

(b) Close proximity to an area for photography and fingerprinting;

(c) Close proximity to an area for showering, delousing, and strip searching a prisoner and which assures privacy for the prisoner;

(d) Close proximity to temporary holding and detoxification cells; and

(e) Located in a manner to be monitored by a control room;

(5) Detoxification area. The purpose shall be to provide an area to separate intoxicated prisoners from the general prisoner population. Design features shall include:

(a) A minimum of fifty (50) square feet per prisoner;

(b) A minimum of eight (8) feet deck height including soffits;

(c) One (1) bunk of approved material thirty (30) inches wide by seventy-two (72) inches long by four (4) inches high for each prisoner;

(d) A penal commode, lavatory and a flush floor drain controlled from outside the cell;

(e) A bubble-type drinking fountain;

(f) These fixtures and equipment shall be penal-type;

(g) Each surface inside the area shall be smooth, flush, and free of sharp edges and protrusions;

(h) Each horizontal surface (the bunk and the floor) shall be sloped (one-fourth (1/4) of an inch to the foot) to the floor drain;

(i) The protruding corners (except at deck) shall be covered;

(j) Deck, walls, surfaces of the wall base and floors shall be of approved masonry, concrete or steel construction; and

(k) Each detox cell shall have sufficient penal-type fixtures capable of providing twenty (20) foot-candles of light with a nightlight capable of providing five (5) foot-candles of light.

(6) Holding areas. The purpose of holding areas shall be for temporary detention not to exceed eighteen (18) hours in secure holding or eighteen (18) hours in diversion holding.

(a) Design features for secure holding shall include:

1. Twenty-five (25) square feet per rated capacity with a minimum size of no less than fifty (50) square feet;

2. Eight (8) feet deck height;

3. One (1) penal-type bench per rated capacity;.

4. Penal-type equipment;

5. One (1) penal-type lavatory and commode;

6. One (1) penal-type light fixture capable of providing twenty (20) foot-candles of light; and

7. Decks, walls, surfaces of wall bases and floors that are constructed of approved masonry, concrete or steel construction.

(b) If a diversion holding area is provided, features and requirements shall include:

1. Twenty-five (25) square feet per rated capacity with a minimum size of fifty (50) square feet;

2. Total rated capacity not to exceed twenty-four (24) persons;

3. One (1) bathroom for a rated capacity of eight (8) or less; two (2) bathrooms for a rated capacity of nine (9) or more;

4. At least one (1) water fountain that is located in the area;

5. A phone system that is available for use by prisoners;

6. Fire-rated construction with penal hardware, windows and door;

7. Fire-rated chairs and tables per rated capacity but no beds;

8. An unobstructed view into the area; and

9. Areas that allow constant in-person surveillance.

(7) Medical exam area. The purpose of this room shall be to provide a separate and secure area for medical examinations and rendering medical treatment. Design features shall include:

(a) Minimum dimensions that are no less than ten (10) feet;

(b) Minimum deck height that is eight (8) feet including soffits;

(d) One (1) work counter;

(e) Secured lockers for medical equipment, medical instruments, medications, bandages, etc., secured to the floor or walls or a secure closet;

(f) One (1) or more medical examination tables;

(g) Electrical power outlets with at least one (1) outlet or power source connected to an emergency power source;

(h) Decks, walls, and floors constructed of approved masonry, concrete or steel construction;

(i) A secure area for storage of medication and medical equipment if medical services are provided outside the jail; and

(j) One (1) bathroom with commercial grade fixtures.

(8) Visiting area, prisoner side. The purpose shall be to provide secure and private visitation for the prisoners. The equipment and furnishings shall be of penal-type and permanently attached. At least one (1) area is to be ADA compliant.

(9) Conference area. The purpose of this area shall be to provide space for confidential conferences between prisoners and lawyers, counselors, clergy, etc. Design features shall include:

(a) Doors, windows, and light fixtures shall be penal-type;

(b) Walls, floors, and decks shall be of approved masonry, concrete or steel construction; and

(10) Multipurpose room. The purpose of this area shall be to provide space for assembly of prisoners for specific program activities.

(a) The multipurpose room shall be:

1. In jails with 100 or fewer beds, a minimum of 250 square feet;

2. In jails with 101 to 300 beds, a minimum of 500 square feet or two rooms with a minimum of 250 square feet each; and

3. In jails with 301 or more beds, a minimum of 1000 square feet or four (4) rooms with a minimum of 250 square feet each.

(b) Design features shall include:

1. Doors, windows, and light fixtures shall be penal-type;

2. Walls, floor, and deck shall be of approved masonry, concrete or steel construction;

3. Furnishings shall be noncombustible and nontoxic as approved by the department; and

4. Deck shall be of approved construction.

(11) Outdoor recreation. The purpose of this area shall be to provide secure outdoor space for recreational activities. This area shall allow at least thirty-five (35) square feet per prisoner in an area with a minimum of 385 square feet. At least part of this area is to be covered.

(12) Kitchen. The purpose of this area shall be to provide sufficient space and equipment for preparing meals for the maximum rated capacity of the jail. Design features shall include:

(a) Compliance with the Retail Food Code, 902 KAR 45:005;

(b) Commercial-type stoves and refrigeration units;

(d) Walls, floors, and decks constructed of fire-rated masonry, concrete or steel construction.

(13) Control room. The purpose of this area shall be to control all movement of prisoners within the jail and traffic in and out of the security area. Also, this area shall be the hub for operations within the jail. Design features shall include:

(a) Doors and windows shall be of penal-type;

(b) Walls, floors, and deck shall be approved masonry, concrete or steel construction;

(d) Gauges, indicators, and alarms shall be located in this area;

(e) Central control panels shall be located in this area; and

(f) This area shall permit visual observation of all corridors, entrances, and exits under its supervision.

(14) If jail staff is not within normal hearing distance of prisoners, an audio communication system shall be installed to allow staff to communicate with prisoners.

(15) A panic button, staff call station or portable communication device shall be installed or available in corridors and staff observation areas, which shall sound an alarm in the control center in an emergency situation.

(16) Confinement areas. The purpose of these areas shall be to provide suitable living conditions for all types of prisoners lodged in the jail.

(a) Design features for all living areas shall include:

1. Sufficient natural or artificial light to provide twenty (20) foot-candles with a nightlight capable of providing five (5) foot-candles of light;

2. Ventilation to meet air exchange as required in the Kentucky Jail Construction and Renovation Standards;

3. Temperature ranges within comfort zones (sixty-five (65) degrees Fahrenheit to eighty-five (85) degrees Fahrenheit);

4. Approved approved masonry, concrete or steel construction;

5. Penal-type furnishings and equipment that are permanently attached;

6. Floor drains that service each living area;

7. An approved securable food pass where appropriate and approved by the Kentucky DOC jail consultants;

8. Electrical outlets that if provided, are ground-faulted or have ground-fault circuit breakers; and

9. Penal-type receptacle and switch plate covers.

(b) All cells and housing areas shall meet the following design requirements:

1. Prisoner living areas shall be equipped with the security hardware to meet the security requirements of the prisoners housed in the area. Depending on the size of the jail, at least one (1) living area shall be designed at high security and be equipped with a safety vestibule to enter the living area.

2. Depending on the size of the jail, at least one (1) male, one (1) female, and one (1) medical isolation cell shall be provided.

3. All cells shall open into a dayroom and a cell shall not be less than seventy (70) square feet. A cell shall not have more than two (2) penal-type bunks. If two (2) persons are housed in a cell, they shall not be detained in the cells for longer periods than twelve (12) hours, except in emergency situations.

4. If the vestibule is used at a cell area, at least the inner door shall be remotely operated.

5. Each cell shall contain:

a. A penal-type commode, lavatory and drinking fountain, penal-type bunks secured to the floor or wall, penal-type table with two (2) seats, and penal-type storage area for personal property; and

b. A penal-type light fixture with controls inaccessible to prisoners unless it has staff override.

6. The jail shall provide living space for low security prisoners including work release and community service workers. This area shall be either cells opening into a dayroom or a combination of this and multiple-occupancy dorms. If dorms are used, they shall include:

a. Forty (40) feet per prisoner;

b. One (1) commode, one (1) lavatory, and one (1) drinking fountain per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas so long as the commodes shall not be reduced to less than one-half (1/2) the number required;

c. One (1) shower per twenty (20) prisoners;

d. Sufficient tables and benches to handle the number of prisoners housed in the dorm;

e. One (1) penal-type storage area for personal property per prisoner; and

f. One (1) penal-type bunk per prisoner;

7. Each dayroom area shall contain:

a. Thirty-five (35) square feet per prisoner; and

b. One (1) commode per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas so long as the commodes shall not be reduced to less than one-half (1/2) the number required;

c. One (1) lavatory per ten (10) prisoners;

d. One (1) drinking fountain per twenty (20) prisoners;

e. One (1) shower per twenty (20) prisoners; and

f. Tables and benches sufficient to handle the rated capacity with space twenty-four (24) inches wide and twelve (12) inches deep per prisoner.

(17) Direct supervision areas. The purpose of a direct supervision area shall be to provide suitable living conditions for prisoners who are located in the jail whose behavior indicates their ability to function in a less secure setting under the direct supervision of jail staff. Jails that elect to use the direct supervision concept shall have a sufficient number of secure cell or dormitories, as approved by the Department of Corrections, in order to separate prisoners who display negative behavior in direct supervision areas. All direct supervision areas shall have a secure perimeter. Direct supervision area design features shall include:

(a) Sufficient natural or artificial light to provide twenty (20) foot-candles with a nightlight capable of providing five (5) foot-candles of light;

(b) Ventilation to meet air exchange as required in the Kentucky Jail Construction and Renovation Standards;

(d) Approved masonry or concrete construction;

(e) Penal- or commercial-type furnishings and equipment;

(f) Electrical outlets that are ground-faulted or have ground-fault circuit breakers;

(g) Dormitories that provide not less than forty (40) square feet per person and do not exceed seventy (70) persons;

(h) One (1) commode, one (1) lavatory, and one (1) drinking fountain per ten (10) prisoners, but one (1) urinal may be substituted for each commode in male areas so long as the commodes shall not be reduced to less than one-half (1/2) the number required;

(i) One (1) shower per twenty (20) prisoners;

(j) Sufficient tables and chairs to handle the number of prisoners in the dorm;

(k) One (1) storage area for personal property per prisoner;

(l) A phone system available for use by prisoners; and

(m) Compliance with all other full-service requirements as outlined in 501 KAR Chapter 3.

Section 7. Incorporation by Reference. (1) "Kentucky Department of Corrections Jail Construction and Renovation Standards," 10-07, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Corrections, Division of Local Facilities, 2439 Lawrenceburg Road, P.O. 2400, Frankfort, Kentucky 40602-2400, Monday through Friday, 8 a.m. to 4:30 p.m. (9 Ky.R. 639; eff. 3-2-83; Am. 13 Ky.R. 679; eff. 11-11-86; 19 Ky.R. 1847; 2620; eff. 6-7-93; 22 Ky.R. 1349; eff. 3-7-96; 27 Ky.R. 1576; 2135; eff. 2-15-2001; 31 Ky.R. 1549; 1791; eff. 5-26-05; 34 Ky.R. 1175; 1958; eff. 3-7-2008.)