JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
RELATES TO: KRS Chapters 196, 197, 439
STATUTORY AUTHORITY: KRS 196.035, 197.020, 439.470, 439.590, 439.640
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Department of Corrections.
Section 1. Incorporation by Reference.
(1) "Department of Corrections Policies and Procedures," March 14,
December 10, 2013], are incorporated by reference. Department
of Corrections Policies and Procedures include:
Media (Amended 3/14/14[
1.4 The Monitoring and Operation of Private Prisons (Amended 5/15/08)
2.1 Inmate Canteen (Amended 10/12/12)
Inmate Funds (Amended 3/14/14[
3.1 Code of Ethics (Amended 12/10/13)
3.5 Sexual Harassment and Anti-Harassment (Amended 12/10/13)
3.9 Student Intern Placement Program (Added 9/13/2010)
3.10 Appearance and Dress for Nonuniformed Staff (Amended 9/13/10)
3.11 Drug Free Workplace Employee Drug Testing (Amended 12/10/13)
Time and Attendance Requirements (Amended 3/14/14[
3.17 Uniformed Employee Dress Code (Amended 8/20/13)
3.22 Staff Sexual Offenses (Amended 12/10/13)
3.23 Internal Affairs Investigation (Added 8/25/09)
5.1 Research and Survey Projects (Amended 12/10/13)
5.3 Program Evaluation and Measurement (Amended 6/12/12)
6.1 Open Records Law (Amended 5/14/07)
Safety (Amended 3/14/14[
of Extraordinary Occurrence (Amended 3/14/14[
9.4 Transportation of Inmates to Funerals or Bedside Visits (Amended 12/17/12)
9.8 Search Policy (Amended 12/10/13)
9.13 Transport to Court - Civil Action (Amended 07/09/07)
9.18 Informants (Amended 9/13/10)
9.19 Found Lost or Abandoned Property (Amended 10/14/05)
and Use of Caustic/Toxic Materials (Added 3/14/14)[
Detection Equipment (Amended 10/14/05)]
10.2 Special Management Inmates (Amended 8/20/13)
10.3 Safekeepers and Contract Prisoners (Amended 9/15/04)
Procedures and Compliance[
Nutritional Adequacy of Inmate Diet]
(Amended 3/14/14[ 5/15/08])
Dietary Patterns (Amended 3/14/14[
Policy and Formulary (Amended 3/14/14[
Maintenance Services (Amended 3/14/14[
Alert System (Amended 3/14/14[
13.5 Advance Healthcare Directives (Added 4/12/05)
13.6 Sex Offender Treatment Program (Amended 5/15/08)
13.7 Involuntary Psychotropic Medication (Amended 10/14/05)
13.8 Substance Abuse Program (Amended 10/12/12)
13.9 Dental Services (Amended 10/14/05)
Infectious Disease (Amended 3/14/14[
13.11 Do Not Resuscitate Order (Amended 8/9/05)
13.12 Suicide Prevention and Intervention Program (Added 8/25/09)
13.13 Mental Health Services (Added 8/20/13)
14.1 Investigation of Missing Inmate Property (Amended 10/14/05)
14.2 Personal Hygiene Items (Amended 8/20/13)
14.3 Marriage of Inmates (Amended 10/14/05)
Services Program (Amended 3/14/14[
14.5 Board of Claims (Amended 10/14/05)
Grievance Procedure (Amended 3/14/14[
14.7 Sexual Abuse Prevention and Intervention Programs (Amended 12/10/13)
15.1 Hair, Grooming and ID Card Standards (Amended 10/12/12)
Violations and Penalties (Amended 3/14/14[
15.3 Meritorious Good Time (Amended 12/13/05)
15.4 Program Credit (Amended 6/12/12)
15.5 Restoration of Forfeited Good Time (Amended 5/14/07)
Procedures and Programs (Amended 3/14/14[
15.7 Inmate Accounts[
Restriction] (Amended 3/14/14[ 11/9/10])
15.8 Unauthorized Substance Abuse Testing (Amended 10/14/05)
16.1 Inmate Visits (Amended 10/12/12)
16.2 Inmate Correspondence (Amended 8/20/13)
16.3 Inmate Access to Telephones (Amended 10/12/12)
16.4 Inmate Packages (Amended 07/09/07)
17.1 Inmate Personal Property (Amended 8/20/13)
17.2 Assessment Center Operations (Amended 11/15/06)
Intake of Inmates (Amended 3/14/14[
17.4 Administrative Remedies: Sentence Calculations (Amended 4/10/06)
18.1 Classification of the Inmate (Amended 07/09/07)
18.2 Central Office Classification Committee (Amended 8/20/13)
and Security Guidelines (Amended 3/14/14[
18.7 Transfers (Amended 07/09/07)
18.9 Out-of-state Transfers (Amended 2/15/06)
18.11 Placement for Mental Health Treatment in CPTU, KCIW-PCU, or KCPC (Amended 1/9/07)
18.12 Referral Procedure for Inmates Adjudicated Guilty But Mentally Ill (Amended 2/15/06)
18.13 Population Categories (Amended 07/09/07)
18.15 Protective Custody (Amended 11/15/06)
to the Parole Board (Effective 3/14/14[
18.17 Interstate Agreement on Detainers (Amended 07/09/07)
18.18 International Transfer of Inmates (Amended 5/14/07)
19.1 Governmental Services Program (Amended 10/12/12)
19.2 Sentence Credit for Work (Added 2/13/04)
19.3 Inmate Wage/Time Credit Program (Amended 8/20/13)
20.1 Educational Programs and Educational Good Time (Amended 8/25/09)
21.1 Library Services (Added 3/14/14)
22.1 Privilege Trips (Amended 10/14/05)
22.2 Recreation and Inmate Activities (Added 3/14/14)
23.1 Religious Programs (Amended 8/20/13)
25.2 Public Official Notification of Release of an Inmate (Amended 10/14/05)
25.3 Prerelease Program (Effective 11/15/06)
25.4 Institutional Inmate Furloughs (Amended 07/09/07)
25.6 Community Center Program (Amended 07/09/07)
Furlough (Amended 4/12/05)]
25.10 Administrative Release of Inmates (Amended 11/9/10)
25.11 Victim Services Notification (Amended 8/25/09)
26.1 Citizen Involvement and Volunteer Service Program (Amended 10/12/12)
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m.
LADONNA H. THOMPSON, Commissioner
APPROVED BY AGENCY: March 6, 2014
FILED WITH LRC: March 14, 2014 at 10 a.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 22, 2014 at 9:00 a.m. in the at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until April 30, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Department of Corrections, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does: This regulation incorporates by reference the policies and procedures governing the Kentucky Department of Corrections including the rights and responsibilities of employees and the inmate population.
(b) The necessity of this administrative regulation: To conform to the requirements of KRS 196.035 and 197.020 and to meet ACA requirements.
(c) How this administrative regulation conforms to the content of the authorizing statues: The regulation governs the operations of the Kentucky Department of Corrections.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation and material incorporated by reference establish the policies and procedures that govern the operations of the Department of Corrections and its institutions. It provides direction and information to Corrections employees and inmates concerning the operations of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation: The amendment brings the Kentucky Department of Corrections into compliance with ACA standards and updates practices for the department and its institutions.
(b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 196.035 and 197.020.
(c) How the amendment conforms to the content of the authorizing statutes: It permits the Secretary of the Cabinet or his delegate and the Commissioner to implement or amend practices or procedures to ensure the safe and efficient operation of the Kentucky Department of Corrections.
(d) How the amendment will assist in the effective administration of the statutes: The amendment provides staff and inmates information concerning the effective and orderly management of the state correctional institutions.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects the Kentucky Department of Corrections, 3,939 employees, 21,388 inmates, visitors, volunteers, and others who enter state correctional institutions.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Staff and inmates will have to follow the changes made in the policies and procedures. The institutional employees and inmates of the Department of Corrections will have to change their actions to comply with any operational changes made by this regulation. Others who enter correctional institutions will have to comply with policies and procedures concerning entry, search, contraband and others when they enter an institution.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): An exact cost of compliance is unknown, but it is not anticipated that the amendment to this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The operational changes will assist in the effective and orderly management of the state correctional institutions.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: No increase in fees or funding is anticipated. The co-pay for inmate medical care is being lowered in the amendment.
(b) On a continuing basis: No increase in fees or funding is anticipated.
(6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: Kentucky Department of Corrections budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The regulation establishes fees for inmates, e.g. health services co- pays. The amendments to the regulation do not establish additional fees or increase any existing fees. The co-pay for inmate medical care is being lowered in the amendment.
(9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The amendments to this regulation impact the operation of the Kentucky Department of Corrections and each state correctional institution.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 196.035 and 197.020
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The amendments to this regulation do not create any additional revenue for the Kentucky Department of Corrections or other government entity.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The amendments to this regulation do not create any additional revenue for the Kentucky Department of Corrections or other government entity.
(c) How much will it cost to administer this program for the first year? The amendments to this regulation impact how the Kentucky Department of Corrections and state correctional institutions operate. The costs for the amendments are not expected to increase costs for the Kentucky Department of Corrections budgeted funds for the biennium. The medical co-pay was only being collected at the level to which the fee is being changed.
(d) How much will it cost to administer this program for subsequent years? The amendments to this regulation impact how the Kentucky Department of Corrections and state correctional institutions operate. The costs for the amendments are not expected to increase costs for the Kentucky Department of Corrections budgeted funds for the biennium.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.