††††† 501 KAR 3:050. Physical Plant.

 

††††† RELATES TO: KRS 441.045, 441.055, 441.064, 441.075, 441.415-441.450

††††† 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, construction, renovation, and expansion of full-service jails.

 

††††† Section 1. Definitions. (1) "Construction authority" is defined in KRS 441.415.

††††† (2) "Division" means the Department of Corrections Division of Local Facilities.

††††† (3) "Expansion" means a renovation which includes an increase in the number of square footage of the local correctional facility to add prisoner bed space as described in KRS 441.450(2).

††††† (4) "Local correctional facility" is defined in KRS 441.415.

††††† (5) "Renovation" means changes to the physical plant of or construction on an existing local correctional facility that does not:

††††† (a) Include an increase in the number of square footage of the local correctional facility to add prisoner bed space; and

††††† (b) Require approval of the construction authority as described in KRS 441.450(2).

 

††††† Section 2. Consultation. The department may provide to a unit of local 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 may 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 3. Application for Construction. (1) Prior to the commencement of any construction for a new local correctional facility or for the renovation or expansion of an existing local correctional facility, a unit of local government shall submit to the division:

††††† (a) An application for approval; and

††††† (b) If the construction is for a new facility or an expansion of an existing facility, any applications and materials submitted to the construction authority in accordance with KRS 441.430.

††††† (2) The application required by subsection (1)(a) of this section shall:

††††† (a) Be signed by the:

††††† 1. County judge-executive for each county involved in the proposal;

††††† 2. Highest executive of a unit of local government other than a county; or

††††† 3. Head of the Regional Jail Authority, if applicable;

††††† (b) State in detail the need for the specific request being proposed;

††††† (c) Identify the unit of local government submitting the request;

††††† (d) Identify other units of local government that are partnering in the pursuit of a full service regional jail, if applicable;

††††† (e) State the following information for the current jailer:

††††† 1. Name;

††††† 2. Address; and

††††† 3. Phone number;

††††† (f) Identify the type of local correctional facility currently being used:

††††† 1. Full service;

††††† 2. Regional full service;

††††† 3. Life safety; or

††††† 4. None.

††††† (g) Identify the type of local correctional facility which will exist after the proposed construction is completed:

††††† 1. Full service; or

††††† 2. Regional full service;

††††† (h) If construction is proposed at a location other than where the current local correctional facility is located, then provide the following information for the new property:

††††† 1. Address;

††††† 2. Description of new property;

††††† 3. Explanation of ownership of new property; and

††††† 4. Estimated cost to purchase property if not owned by the unit of local government proposing construction;

††††† (i) If the proposed construction is for a new local correctional facility, then identify the size of facility being requested using the bed capacity increments required for plans in KRS 441.420(3).

††††† (j) If the proposed construction is for an expansion, then state the:

††††† 1. Number of proposed additional beds; and

††††† 2. Proposed additional square footage;

††††† (k) If the proposed construction is for a renovation, then state:

††††† 1. The purpose of the renovation; and

††††† 2. The amount of any proposed additional square footage;

††††† (l) For the current local correctional facility, state the:

††††† 1. Current capacity;

††††† 2. Average daily population (ADP) for the preceding two (2) years;

††††† 3. Total amount of remaining bond indebtedness;

††††† 4. Amount of monthly debt installment payment; and

††††† 5. Remaining number of payments on any note; and

††††† (m) Identify the architect, consultant, or other person or entity with which the unit of local government consulted for the construction proposal.

 

††††† Section 4. Documentation Required for Application. A unit of local government shall provide a copy of the following documents with any application submitted to the division:

††††† (1) Ordinance for the unit of local government showing an affirmative vote for the proposed construction for the local correctional facility;

††††† (2) If applicable, a resolution or other verified document showing the regional jail authority affirmative vote for the proposed construction for the local correctional facility;

††††† (3) Deed, lease, or legal description of the new property for proposed construction;

††††† (4) Local correctional facility budget for the preceding two (2) years;

††††† (5) General budget for any unit of local government proposing construction;

††††† (6) Feasibility study or other documentation provided by any architect, entity, or other person that consulted on the proposed construction; and

††††† (7) Documentation showing that the unit of local government has sufficient bonding and revenue sources to pay the bond indebtedness, operating costs, and maintenance costs over the anticipated life of the note for the proposed construction.

 

††††† Section 5. Site Selection Review. The following criteria shall be considered by the Division in its site selection review:

††††† (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 6. Construction Documents. (1) A unit of local government shall submit plans and specifications to the Division for approval prior to the commencement of any construction for a new local correctional facility or for the renovation or expansion of an existing local correctional facility. The division may waive some of the requirements of this section on a case-by-case basis depending on the specifics proposed for the construction.

††††† (2) If the construction is for a new facility or expansion of an existing facility, a unit of local government shall submit plans and specifications for the applications required by KRS 441.430 to the Division.

††††† (3) Whether new construction or renovation or expansion of an existing facility, plans and specifications for a local correctional facility shall meet the following criteria and contain the following documentation:

††††† (a) A programming phase to include:

††††† 1. Evaluation of the existing facility;

††††† 2. Population analysis as based on the NIC (National Institute of Corrections) staffing analysis, and may include, jail operations, jail programs, court location, and transportation issues;

††††† 3. Space requirements based on population analysis and standards for the facility and site outlined in this administrative regulation;

††††† 4. Staffing analysis;

††††† 5. Cost analysis to include construction and operation costs;

††††† 6. Financing alternatives, if applicable;

††††† 7. Design-construction time schedule; and

††††† 8. Summary and recommendations.

††††† (b) A schematic phase to include:

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

††††† 2. A scale drawing of the site, locating the building, parking, and other facilities with one (1) inch equaling fifty (50) feet;

††††† 3.Documentation of site as to:

††††† a. Size;

††††† b. Proximity to court;

††††† c. Proximity to community resources;

††††† d. Availability of public transportation;

††††† e. Environmental health;

††††† f. Adequate parking; and

††††† g. Provisions for future expansion;

††††† 4. Sections through the proposed structure indicating deck heights of rooms, mechanical spaces, roof slopes, and other related information;

††††† 5. Scale elevation drawing of exterior walls;

††††† 6. Schematic cost estimate to include revised construction and operation costs; and

††††† 7. A revised design-construction time schedule.

††††† (c) A design development phase containing:

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

††††† 2. All necessary construction drawings including construction details;

††††† 3. Specifications for materials and workmanship;

††††† 4. A proposed contract with general and special conditions;

††††† 5. Engineering calculations for the foundations, structure, heating, ventilating, air conditioning, lighting, and plumbing; and

††††† 6. Detailed estimates of cost of land, site development, construction, financing, professional services, equipment, and furnishings.

††††† (d) Construction document phase containing:

††††† 1. 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 division; and

††††† 2. Revised design development specifications of material and workmanship following review by all applicable agencies.

††††† (e) A contract administration phase containing:

††††† 1. Signed copies of the contracts for construction, financing, and bonding;

††††† 2. Signed copies of the construction permits; and

††††† 3. Documentation of required review by other applicable state agencies.

††††† (4) Whether new construction or renovation or expansion of an existing facility, every change order shall be submitted to the Division jail consultant for review and approval.

 

††††† Section 7. Approval of Construction Plans and Specifications. (1) Construction shall not begin until the construction plans have been approved by the division and, if required, the construction authority has approved the construction. The division shall:

††††† (a) Review each complete application within thirty (30) days of receipt;

††††† (b) For a renovation, issue:

††††† 1. An approval;

††††† 2. An acceptance with required changes; or

††††† 3. A rejection, with reasons stated;

††††† (c) For an expansion or new local correctional facility, issue a recommendation to the construction authority whether to approve construction; and

††††† (d) For an incomplete application, inform the applicant of the information or documents that need to be submitted to complete the application.

††††† (2) A request for changes to the plans shall be submitted to the division and shall include a description of the changes requested and the reasons for the changes.

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

 

††††† Section 8. Exemption from compliance. (1) If a jail was built before the effective date of the physical plant standards in Section 10 of this administrative regulation, then it is exempt from the standards except as stated in subsection (3) of this section.

††††† (2) If a renovation or expansion was built before the effective date of a physical plant standard in Section 10 of this administrative regulation, then it is exempt from the standard except as stated in subsection (3) of this section.

††††† (3) If a new jail, renovation, or expansion is built after the effective date of a physical plant standard in Section 10 of this administrative regulation, then it shall meet the standard pursuant to Section 10 of this administrative regulation, unless a waiver is obtained pursuant to Section 9 of this administrative regulation.

††††† Section 9. Waiver of Compliance. (1) The department may grant a waiver of the implementation of the physical plant standards in Section 10 of this administrative regulation for an existing jail if the department determines that:

††††† (a) Strict compliance will cause unreasonable difficulties;

††††† (b) A waiver will not seriously affect the security, supervision of prisoners, programs, or the safe, healthful, or efficient operation of the jail; and

††††† (c) Compliance may 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 unit of local government 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;

††††† (c) Description of the alternative proposed; and

††††† (d) Provision of sufficient documentation which shall demonstrate that the waiver, if granted, will 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 10. Physical Plant Design Standards. New local correctional facilities shall comply with the physical plant design standards in this section. All existing local correctional facilities that are in operation shall comply with the physical plant design standards, unless the facility is exempt from a standard pursuant to Section 8 of this administrative regulation or has obtained a waiver from the department pursuant to Section 9 of this administrative regulation for a standard in this section. A new local correctional facility and the expansion or renovation of an existing local correctional facility shall comply with the additional requirements incorporated by reference in Section 12 of this administrative regulation unless the facility has obtained a waiver from the department pursuant to Section 9 of this administrative regulation.

††††† (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 a covered drive-through sally port, located adjacent to the jail intake area, and 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;

††††† (c) An office area which shall be of sufficient space to house the administrative function of the jail; and

††††† (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 ensures 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) concrete slab 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) The 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 detoxification 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) commode and lavatory for a rated capacity of ten (10) or less, two (2) commodes and lavatories for a rated capacity of eleven (11) to twenty (20), or three (3) commodes and lavatories for a rated capacity of twenty-one (21) or more;

††††† 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.

††††† (c) Policy and procedure shall set forth criteria for placement of prisoners in the diversion holding area.

††††† (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 100;

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

††††† (c) One (1) lavatory or counter sink;

††††† (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 shall 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

††††† (c) Furnishings shall be noncombustible and nontoxic as approved by the department.

††††† (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 1,000 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 shall 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;

††††† (c) Penal-type doors and windows; and

††††† (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;

††††† (c) Audio and video monitors shall be located in this area;

††††† (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 personnel are not within normal hearing distance of prisoners, an audio communication system shall be installed to allow jail personnel to communicate with prisoners.

††††† (15) A panic button, jail personnel call station, or portable communication device shall be installed or available in corridors and jail personnel 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 Department of Corrections Jail Construction, Expansion, and Renovation Guidelines;

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

††††† 4. 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 division 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. Jails may assign conditional housing arrangements relating to overcrowding if they meet the minimum square footage allowable for the area, and have in place an objective classification system relating to the management of the inmate population.

††††† a. The conditional housing arrangement assignment shall be limited to a maximum of seven (7) days.

††††† b. If at any time during the seven (7) days the population drops below the maximum allowable number, the seven (7) day timeframe shall restart. The cycle of assigning conditional housing arrangements shall not exceed a continuous period of more than four (4) consecutive weeks within a sixty (60) day time period without being found in violation.

††††† c. The requirements of subparagraph 7. of this paragraph shall apply to all secure and nonsecure areas where a maximum number of inmates have been predetermined by the jail to be in the area.

††††† 8. Each dayroom area shall contain:

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

††††† 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 personnel. Jails that elect to use the direct supervision concept shall have a sufficient number of secure cell or dormitories, as approved by the Department, 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 Department of Corrections Jail Construction, Expansion, and Renovation Guidelines;

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

††††† (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 11. In any new construction or expansion of the local correctional facility, there shall not be a 911 Control Center housed within the secure perimeter of the local correctional facility. Any increase of square-footage of an existing 911 Center shall require the removal of the Centerís location to a new location outside the secure perimeter of the local correctional facility.

 

††††† Section 12. Incorporation by Reference. (1) "Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines", 9-11, 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; 37 Ky.R. 2943; 38 Ky.R. 571; 749; eff. 11-4-11.)