501 KAR 3:130. Prisoner programs; services.

RELATES TO: KRS 439.179, 441.055, 441.125, 532.100

STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 532.100(4)(c)

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 procedures for prisoner programs and services in those jails.

Section 1. Definitions. (1) "Chaplain" means a volunteer authorized to provide religious counsel, instruction, and advice to inmates and to provide a system of services or religious volunteers, ecclesiastical visitors, and guests for inmates.

(2) "Inmate Religious Beliefs and Practices Manual" means the U.S. Department of Justice, Federal Bureau of Prisons technical reference manual, "Inmate Religious Beliefs and Practices," dated March 27, 2002, incorporated by reference in 501 KAR 6:080.

(3) "Religious diet" means any diet deemed essential by the Inmate Religious Beliefs and Practices manual.

(4) "Religious items" means items associated with a particular religious faith which may include religious medallions, kufi cap, prayer rugs, crucifix, yarmulke, prayer beads, rosary, sacred eagle feathers, medicine bag, or Star of David.

(5) "Religious practice" means outwardly observable manifestations of religious beliefs including:

(a) Participating in congregations and meetings;

(b) Engaging in rituals and ceremonies;

(d) Wearing special items of clothing, jewelry, hairstyles, or beards;

(e) Adhering to special diets; and

(f) Participating in special activities characteristic of a particular religion or adherents of a particular religion.

Section 2. Work Programs. (1) Written policy and procedure shall provide that prisoner programs and services shall be available and include social services, religious services, recreation and leisure time activities and library services.

(2) Sentenced prisoners who perform work as authorized by KRS 441.125 may receive rewards in the form of sentence reductions or other privileges, if granted by the proper authority.

(3) Written policy and procedure shall provide that unsentenced prisoners shall not be required to work except to do personal housekeeping.

Section 3.. Education Programs. (1) The jail shall develop a policy and procedure that encourages the implementation of education programs in the jail. The utilization of community resources in these efforts shall also be encouraged to offset the costs of the programs.

(2) Education programs may be made available in accordance with KRS 439.179.

(3) State prisoners shall be provided the opportunity to attend adult basic education programs or to pursue a general educational development (GED) diploma.

Section 4. Library Services. If resources are available in the community, library services may be made available to all prisoners.

Section 5. Religious Programs. (1) Written policy and procedure shall ensure the constitutional rights of prisoners to voluntarily practice their own religious activities, subject to those limitations necessary to maintain the order and security of the jail.

(2) The jailer or designee shall ensure that an inmate has the opportunity to participate in practices of his religious faith in accordance with the Inmate Religious Beliefs and Practices Manual. These practices shall:

(a) Include religious publications, religious symbols, congregational religious services, individual and group counseling, religious study classes, and religious diets; and

(b) Be limited only by documentation showing a threat to the safety of persons involved in an activity or that the activity itself disrupts order in the institution.

(3) Each jail shall provide a chaplain or staff who plans, directs, and coordinates all aspects of the religious program including approval and training of both lay and clergy volunteers from faiths represented by the inmate population.

(4) If the chaplaincy staff or volunteers do not include a religious leader of an inmate’s faith, the chaplain shall assist the inmate in contacting a person who has the appropriate credentials from the faith judicatory. That person may minister to the inmate under the supervision of the chaplain.

(5) The chaplain, in cooperation with the jailer or designee, shall develop and maintain communications with faith communities and approve donations of equipment or materials for use in religious programs.

(6) The jailer shall have final authority over publications, services, volunteers, and other operations of religious services.

(7) Jailer or designee responsibilities. The jailer or designee shall:

(a) Assure equal status and protection for all religions listed in the inmate Religious Beliefs and Practices Manual;

(b) Coordinate scheduling of religious programs;

(d) Develop and maintain close relationships with community religious resources; and

(e) Coordinate and supervise all religious volunteers.

(8) Religious Programming.

(a) The provisions of the Inmate Religious Beliefs and Practices Manual notwithstanding, the following religious practices and activities shall not be authorized:

1. Animal sacrifice;

2. Language or behavior that may reasonably be construed as a threat to safety, security, or the orderly running of the institution;

3. Nudity;

4. Self mutilation;

5. Use, display, or possession of weapons or what appear to be weapons;

6. Paramilitary exercises;

7. Self-defense training;

8. Sexual acts;

9. Profanity;

10. Consumption of alcohol (except consumption by the celebrating ordained minister as provided in the Inmate Religious Beliefs and Practices Manual);

11. Ingestion of illegal substances;

12. Proselytizing;

13. Inscription;

14. Discouragement of other religions; or

15. Use of candles or open flames inside any building.

(b) The jail shall provide space and equipment adequate for the conduct and administration of each religious program.

1. In an institution that uses a common worship area, adequate space shall be provided for religious emblems and other items used during worship.

2. The institution shall maintain a basic library of religious reading materials, which shall include required literature of faiths represented by the inmate population.

1. Each jail shall allow religious services pursuant to this policy.

2. A specific religious service and ceremony may be provided based upon the inmate’s stated religious preference.

(d) Religious objects and literature. All jails shall permit an inmate to possess items essential to the practice of his particular religious faith if the items are not a threat to institutional security.

(e) Religious diets. The jail shall, to the extent it is feasible and within appropriate jail resources, provide each inmate with the opportunity to satisfy the minimum dietary requirements deemed essential by the Inmate Religious Beliefs and Practices Manual. Religious diets shall be included in the Department of Corrections’ master menu. Any request for a religious diet not included in the master menu shall be reviewed by the jailer or designee.

(f) New religious components. If a request is made for a religious service not represented at the jail, the jailer or designee shall consult the Inmate Religious Beliefs and Practices Manual.

1. If the request is in compliance with the Inmate Religious Beliefs and Practices Manual, it shall be implemented.

2. If the request is for a religion or religious practice that is not represented in the Inmate Religious Beliefs and Practices Manual, then the request shall be denied.

3. Documentation of the request and action taken shall be forwarded to the jailer or designee.

(g) Inmate responsibilities.

1. Upon entry into the correctional system, an inmate’s religious preference shall be recorded on the inmate I.D. form.

2. After three (3) months, an inmate may change his religious preference by contacting the jailer or designee.

3. It shall be the inmate’s responsibility to seek a job or program assignment that does not conflict with his religious beliefs and practices.

4. An inmate request for a special service or ceremony shall be made at least forty-five (45) days prior to the requested date. This request shall be made in writing to the chaplain and shall include a statement of the reason for the request. In order to ensure consistency of religious programming, any special request shall be referred through the institutional administration to the Director of Operations/Programs for appropriate action.

(9) Staff Meetings and Training. The jail’s chaplains or religious staff shall meet on a quarterly basis to address issues pertaining to religious services. These meetings shall be coordinated through the office of the Director of Operations/Programs.

Section 6. Recreation Programs. (1) Written policy and procedure shall provide all prisoners with the opportunity to participate in at least one (1) hour of physical exercise per day with at least three (3) exercise periods per week outside the cell. There shall be available one (1) hour of outdoor recreation two (2) times per week if weather permits. Prisoners who pose a threat to the safety and security of the jail shall be denied outdoor recreation.

(2) Leisure time and recreation programs shall be scheduled to permit prisoners to participate in board games, arts and crafts, radio and television or other activities designed to relieve idleness and boredom.

Section 7. Programs for State Prisoners. (1) State prisoners may be provided the opportunity to participate in work programs in accordance with KRS 441.125.

(2) Substance abuse programs. State prisoners shall be provided the opportunity to participate in self-help substance abuse programs offered within the jail. State prisoners who apply for treatment and are accepted by the Division of Mental Health, shall be allowed to participate in the substance abuse program (SAP), if space is available or may be housed in jails offering the program, if space is available. (9 Ky.R. 647; eff. 3-2-83; Am. 13 Ky.R. 692; eff. 11-11-86; 19 Ky.R. 1856; 2625; eff. 6-7-93; 27 Ky.R. 1863; 2435; eff. 3-19-2001; 29 Ky.R. 2760; 30 Ky.R. 24; eff. 7-13-03; 31 Ky.R. 1563; eff. 5-26-05; 34 Ky.R. 1188; 1966; eff. 3-7-2008.)