JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amendment)
501 KAR 6:020. Corrections policies and procedures.
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," May 15[March
10], 2008, are incorporated by reference. Department of Corrections
Policies and Procedures include:
1.2 News Media (Amended 5/15/08[8/9/05])
1.4 The Monitoring and Operation of Private Prisons (Amended 5/15/08[8/9/05])
2.1 Inmate Canteen (Amended 2/15/06)
2.2 Warden's Fund (Amended 10/14/05)
3.1 Code of Ethics (Amended 07/09/07)
3.3 Holding of Second Jobs by Corrections' Employees (Amended 5/15/08[07/09/07])
3.5 Sexual Harassment and Anti-Harassment (Amended 5/15/08[8/9/05])
3.10 Appearance and Dress for Nonuniformed Staff (Amended 11/9/04)
3.11 Drug Free Workplace Employee Drug Testing (Amended 07/09/07)
3.17 Uniformed Employee Dress Code (Amended 4/10/06)
3.20 Communication and Recording Devices (Amended 6/3/05)
5.1 Research and Survey Projects (Amended 5/15/08[8/9/05])
6.1 Open Records Law (Amended 5/14/07)
8.2 Fire Safety (Amended 2/15/06)
8.7 Notification of Extraordinary Occurrence (Amended 12/13/05)
9.4 Transportation of Inmates to Funerals or Bedside Visits (Amended 11/9/04)
9.5 Execution (Amended 9/20/05)
9.6 Contraband (Amended 12/13/05)
9.8 Search Policy (Amended 1/9/07)
9.13 Transport to Court - Civil Action (Amended 07/09/07)
9.18 Informants (Amended 10/14/05)
9.19 Found Lost or Abandoned Property (Amended 10/14/05)
9.20 Electronic Detection Equipment (Amended 10/14/05)
10.2 Special Management Inmates (Amended 5/15/08[11/15/06])
10.3 Safekeepers and Contract Prisoners (Amended 9/15/04)
11.2 Nutritional Adequacy of Inmate Diet (Amended 5/15/08[8/9/05])
11.4 Alternative Dietary Patterns (Amended 5/15/08[6/3/05])
13.1 Pharmacy Policy and Formulary (Amended 11/15/06)
13.2 Health Maintenance Services (Amended 1/9/07)
13.3 Medical Alert System (Amended 10/14/05)
13.5 Advance Healthcare Directives (Added 4/12/05)
13.6 Sex Offender Treatment Program (Amended 5/15/08[8/9/05])
13.7 Involuntary Psychotropic Medication (Amended 10/14/05)
13.8 Substance Abuse [Treatment] Program (Amended 5/15/08[07/09/07])
13.9 Dental Services (Amended 10/14/05)
13.10 Serious Infectious Disease (Amended 12/13/05)
13.11 Do Not Resuscitate Order (Amended 8/9/05)
14.1 Investigation of Missing Inmate Property (Amended 10/14/05)
14.2 Personal Hygiene Items (Amended 10/14/05)
14.3 Marriage of Inmates (Amended 10/14/05)
14.4 Legal Services Program (Amended 07/09/07)
14.5 Board of Claims (Amended 10/14/05)
14.6 Inmate Grievance Procedure (Amended 5/15/08[07/09/07])
14.7 Sexual Abuse Assault Prevention and Intervention Programs (Amended 11/15/06)
15.1 Hair, Grooming and ID Card Standards (Amended 5/15/08[12/13/05])
15.2 Rule Violations and Penalties (Amended 11/15/06)
15.3 Meritorious Good Time (Amended 12/13/05)
15.5 Restoration of Forfeited Good Time (Amended 5/14/07)
15.6 Adjustment Procedures and Programs (Amended 10/14/05)
15.7 Inmate Account Restriction (Amended 5/15/08[11/15/06])
15.8 Unauthorized Substance Abuse Testing (Amended 10/14/05)
16.1 Inmate Visits (Amended 5/15/08[07/09/07])
16.2 Inmate Correspondence (Amended 5/15/08[11/15/06])
16.3 Inmate Access to Telephones (Amended 5/15/08[6/3/05])
16.4 Inmate Packages (Amended 07/09/07)
17.1 Inmate Personal Property (Amended 5/14/07)
17.2 Assessment Center Operations (Amended 11/15/06)
17.3 Controlled Intake of Inmates (Amended 5/15/08[1/12/05])
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 10/14/05)
18.5 Custody and Security Guidelines (Amended 5/15/08[07/09/07])
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)
18.16 Information to the Parole Board (Effective 11/15/06)
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 07/09/07)
19.2 Sentence Credit for Work (Added 2/13/04)
19.3 Inmate Wage/Time Credit Program (Amended 10/14/05)
20.1 Educational Programs and Educational Good Time (Amended 5/15/08[4/10/06])
22.1 Privilege Trips (Amended 10/14/05)
23.1 Religious Programs (Amended 5/15/08[3/10/08])
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)
25.8 Extended Furlough (Amended 4/12/05)
25.10 Administrative Release of Inmates (Amended 10/14/05)
25.11 Victim Notification (Amended 10/14/05)
26.1 Citizen Involvement and Volunteer Service Program (Added 9/15/04)
(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: May 13, 2008
FILED WITH LRC: May 14, 2008 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on June 23, 2008 at 1:30 p.m. 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 working days 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 cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on this 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. Send written notification of intent to be heard at the public hearing five working days prior to the hearing or send written comments on the proposed administrative regulation by close of business June 30, 2008 to:
CONTACT PERSON: Karen Howard, Justice & Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Trena C. Rogers (502) 564-2220
(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, 197.020, 197.025(6), and to meet ACA requirements.
(c) How this administrative regulation conforms to the content of the authorizing statutes: 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 provide direction and information to Corrections employees concerning their duties and responsibilities of their jobs and to inmates concerning their rights and responsibilities.
(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 current practices for the department and its facilities.
(b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 196.035, 197.020, and 197.025(6).
(c) How the amendment conforms to the content of the authorizing statutes: It permits the commissioner or his authorized representative 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 penal 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, 3825 employees and 19501 inmates, and all visitors to 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 institution, employees, and inmates of the Department of Corrections will have to change their actions to comply with any operational changes made by this regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Changes to this regulation are not expected to increase costs from what is budgeted to the department. Individuals or organizations requesting a live work project under CPP 20.1 as part of the Vocational-Technical Education program for inmates will have to pay a slightly increased project fee. It was increased from $15 to $25 to cover the department's increased costs for replacing minor tools and supplies used in the project.
(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 penal institutions.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: none
(b) On a continuing basis: none
(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.
(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 funding to the department is necessary. Under the amended CPP 20.1, as part of the Vocational-Technical Education program for inmates, an individual or organization requesting a live work project will have to pay a slightly increased project fee. The fee was increased from $15 to $25 to cover the department's increased replacement costs of minor tools and supplies used in the project.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: Yes, CPP 20.1 increases the established fee for a live work project by $10.00 per project. It is paid for by the individual or organization requesting the project and will be used to cover the department's increased cost for replacing minor tools and supplies used in the project.
(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. Disparate treatment of any person or entity subject to this administrative regulation could raise questions of arbitrary action on the part of the agency. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated as well as Sections 2 and 3 of the Kentucky Constitution.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes
2. 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 Kentucky Department of Corrections and each state correctional institution.
3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 196.035, 197.020
4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government (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 revenue for the Kentucky Department of Corrections, state correctional institutions, or other government entity. However, the fee for a vocational live project is increased by $10.00 per project. The increase in fee will be used to offset the department's increased cost of replacing minor tools and supplies used in the work project.
(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 revenue for the Kentucky Department of Corrections, state correctional institutions, or other government entity.
(c) How much will it cost to administer this program for the first year? No new programs are created. The amendments to this regulation impact how the Kentucky Department of Corrections and state correctional institutions operates, but do not increase costs from what was previously budgeted to the Department of Corrections.
(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 operates, but are not expected to increase costs from what will be budgeted to the Department of Corrections.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: