JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 6:050. Luther Luckett Correctional Complex.

 

      RELATES TO: KRS 72.020, 72.025(5), 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 Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or 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 Luther Luckett Correctional Complex.

 

      Section 1. Incorporation by Reference. (1) "Luther Luckett Correctional Complex policies and procedures", September 15, 2014[July 26, 2013], are incorporated by reference. Luther Luckett Correctional Complex Policies and Procedures include:

LLCC 02-05-03 Inmate Canteen Committee (Amended 5/15/12)

LLCC 02-05-05 Inmate Canteen (Amended 5/15/12)

LLCC 02-06-01 Inmate Control of Personal Funds (Amended 5/15/12)

LLCC 02-06-02 Storage and Disposition of Monies Received on Weekends, Holidays and between 4 p.m. and 8 a.m. Weekdays (Amended 5/15/12)

LLCC 05-02-02 Outside Consultation and Research (Amended 5/15/12)

LLCC 06-01-01 Offender Information (Amended 9/15/14[Added 7/26/13])

LLCC 06-02-01 Open Records (Amended 5/15/12)

LLCC 08-04-01 Fire Safety (Amended 7/10/12)

LLCC 09-14-02 Guidelines for Contractors (Amended 7/10/12)

LLCC 09-18-01 Search Plan (Amended 5/15/12)

LLCC 09-18-03 Contraband Control: Collection, Preservation, Disposition of Contraband, and Identification of Physical Evidence (Amended 5/15/12)

LLCC 09-25-01 Procedure for Maintaining Current Inmate Photographs (Amended 9/15/14[5/15/12])

LLCC 09-29-01 Inmate Death (Amended 7/10/12)

LLCC 10-01-01 Special Management Inmates (Amended 9/15/14 [7/10/12])

LLCC 11-01-01 Dining Room Guidelines (Amended 7/26/13)

LLCC 11-02-01 Food Services: Security (Amended 5/15/12)

LLCC 11-03-01 Food Services: General Guidelines (Amended 5/15/12)

LLCC 11-04-01 Food Service Meals (Amended 5/15/12)

LLCC 11-04-02 Food Service: Menu, Nutrition and Special Diets (Amended 5/15/12)

LLCC 11-05-02 Health Requirements of Food Handlers (Amended 5/15/12)

LLCC 11-06-01 Food Services: Inspections and Sanitation (Amended 7/10/12)

LLCC 11-07-01 Food Services: Purchasing, Storage and Farm Products (Amended 5/15/12)

LLCC 12-01-01 Sanitation, Living Condition Standards and Clothing Issues (Amended 9/15/14[5/15/12])

LLCC 12-02-01 Laundry Services (Amended 7/10/12)

LLCC 12-03-01 Vermin and Insect Control (Amended 5/15/12)

LLCC 12-04-01 Personal Hygiene Items: Issuance and Replacement Schedule (Amended 5/15/12)

LLCC 13-02-01 Access to Healthcare (Amended 5/15/12)

LLCC 13-02-02 Specialized Health Services (Amended 5/15/12)

LLCC 13-02-03 Vision Care, Prostheses and Orthodontic Devices (Amended 7/10/12)

LLCC 13-02-05 Medical Services Co-pay (Amended 11/12/13)

LLCC 13-03-01 Mental Health Services (Amended 5/15/12)

LLCC 13-03-02 Use of Psychotropic Medications (Amended 5/15/12)

LLCC 13-04-01 Inmate Medical Screenings and Health Evaluations (Amended 7/26/13)

LLCC 13-04-02 Health Education and Special Health Programs (Added 7/26/13)

LLCC 13-04-06 Psychological and Psychiatric Records (Added 5/15/12)

LLCC 13-05-02 Self-Administration of Medication (Inmate) (Amended 7/26/13)

LLCC 13-06-01 Health Records (Amended 7/26/13)

LLCC 13-06-03 Notification of Inmate Family of Serious Illness, Surgery or Inmate Death (Amended 7/26/13)

LLCC 13-07-01 Serious and Infectious Diseases (Amended 7/26/13)

LLCC 13-07-02 Medical Waste Management (Amended 5/15/12)

LLCC 13-08-01 Restraint Approval (Amended 5/15/12)

LLCC 13-09-01 Substance Abuse and Chemical Dependency Program (Amended 5/15/12)

[LLCC 14-01-01    Inmate Rights and Responsibilities (Amended 5/15/12)]

LLCC 14-03-01 Inmate Legal Services (Amended 9/15/14[5/15/12])

LLCC 15-01-02 Inmate Housing Assignment (Amended 5/15/12)

LLCC 15-01-03 Operational Procedures of the Units (Amended 5/15/12)

LLCC 15-01-04 Rules of the Unit (Amended 9/15/14[7/26/13])

LLCC 15-01-08 Searches and Control of Excess Property (Amended 7/26/13)

LLCC 15-01-09 Laundry Unit Services (Amended 9/15/14[5/15/12])

LLCC 16-01-01 Inmate Correspondence (Amended 5/15/12)

LLCC 16-01-02 Inmate Privileged or Legal Mail (Amended 5/15/12)

LLCC 16-01-03 Inmate Packages (Amended 5/15/12)

LLCC 16-02-01 Inmate Visiting (Amended 7/26/13)

LLCC 16-02-02 Extended and Special Visits (Amended 5/15/12)

LLCC 16-02-03 Restricted Visitation Privileges (Amended 5/15/12)

LLCC 16-03-04 Parole Hearings: Media and Visitors (Amended 5/15/12)

LLCC 17-01-01 Inmate Transportation, Reception and Discharge Process (Amended 5/15/12)

LLCC 17-03-01 Assessment and Orientation (Amended 9/15/14[7/26/13])

LLCC 17-04-01 Personal Property Control (Amended 5/15/12)

LLCC 17-04-02 Missing or Stolen Inmate Personal Property (Amended 5/15/12)

LLCC 17-05-01 Appliances to Outside Dealers for Repair (Amended 7/10/12)

LLCC 18-01-01 Meritorious Housing (Amended 7/26/13)

LLCC 18-02-01 Minimum Security Unit Operations (Amended 7/26/13)

LLCC 19-01-02 Job Assignments and Dismissals (Amended 9/15/14[7/26/13])

LLCC 20-01-01 Educational Programs (Amended 7/26/13)

LLCC 21-01-01 Library Services (Amended 5/15/12)

LLCC 22-01-01 Recreation and Inmate Activities (Amended 9/12/14[5/15/12])

LLCC 22-02-01 Inmate Clubs and Organizations (Amended 5/15/12)

LLCC 22-02-02 Inmate Photographs Project (Amended 5/15/12)

LLCC 22-05-02 Arts and Crafts Program (Amended 5/15/12)

LLCC 23-01-01 Religious Program (Amended 9/15/14[7/26/13])

LLCC 23-01-03 Inmate Family Emergency Notification (Amended 9/15/14[5/15/12])

LLCC 24-01-01 Counseling and Social Services (Amended 7/26/13)

LLCC 25-01-01 Final Release (Amended 5/15/12)

LLCC 26-01-01 Citizen Involvement and Volunteer Services Program (Amended 9/15/14[5/15/12])

LLCC 26-02-01 Use of Students (Amended 5/15/12)

LLCC 26-02-02 Student and Volunteer Identification Badges (Amended 5/15/12)

LLCC 26-03-01 Confidentiality of Information, Roles and Services of Consultants, Contract Personnel, Students, and Volunteers (Amended 5/15/12)

      (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: September 12, 2014

      FILED WITH LRC: September 15, 2014 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 21, 2014 at 10:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five 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 October 31, 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, 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 operation of Luther Luckett Correctional Complex regarding the rights and responsibilities of Luther Luckett Correctional Complex 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 accreditation requirements.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation governs the operations of Luther Luckett Correctional Complex.

      (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 Luther Luckett Correctional Complex employees and the inmate population as to employee duties, inmate responsibilities, and the procedures to govern operations of the institution.

      (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 updates the policies and procedures to reflect changes in operations at the institution, clarify language, make changes to conform to KRS Chapter 13A, and update ACA standards.

      (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: The statutes permit the Commissioner or her authorized representative to implement or amend practices or procedures to ensure the safe and efficient operation of Luther Luckett Correctional Complex.

      (d) How the amendment will assist in the effective administration of the statutes: It makes changes to conform to Chapter 13A, to allow a clearer understanding of the policies by the Luther Luckett Correctional Complex employees and inmate population, thereby impacting the safety and security of the institution.

      (3) Type and number of individuals, businesses, organizations, or state and local governments affected by the administrative regulation: 229 employees of the Luther Luckett Correctional Complex, 1,083 inmates, and all visitors to Luther Luckett Correctional Complex.

      (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: The institution, employees, and inmates will have to change their actions to comply with any operational changes made in the policies and procedures incorporated by reference in this regulation.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No additional cost is anticipated in implementing any of the policy changes.

      (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 institution.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No additional cost is anticipated.

      (b) On a continuing basis: No additional cost is anticipated.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Funds budgeted for the Department of Corrections.

      (7) Provide an assessment to whether an increase in fees or funding shall 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 administrative regulation establishes fees for medical and dental copays, copies of records, and personal property repair. The amendment does not change any of the fees.

      (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulations 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 amendment to this regulation impacts the operation of Luther Luckett Correctional Complex.

      (2) 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

      (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 regulation generally impacts prison operations. It does include a few fees or cost repayment mechanisms which in a past year generated approximately the following in revenue: medical and dental copays $8447, records copy costs $860, and personal property repair sixty (60) dollars. The funds are returned to the general fund and reallocated to DOC.

      (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 revenues generated are expected to remain similar in amounts to that listed in (a).

      (c) How much will it cost to administer this program for the first year? The amendment to this regulation impacts how the Luther Luckett Correctional Complex operates, but does 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 amendment to this regulation impacts how Luther Luckett Correctional Complex operates, but is 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