JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 6:110. Roederer Correctional Complex.

                                                                      

      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 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 Roederer Correctional Complex.

 

      Section 1. Incorporation by Reference. (1) "Roederer Correctional Complex policies and procedures", June 28, 2017[August 4, 2016], are incorporated by reference. Roederer Correctional Complex policies and procedures include:

RCC 01-08-01 Public Information and News Media Access (Amended 05/15/12)

RCC 02-02-02 Inmate Personal Funds (Amended 6/28/17[05/15/12])

RCC 02-02-05 Inmate Canteen Services (Amended 6/28/17 [05/15/12])

RCC 05-02-01 Consultants, Research, and Student Interns (Added 5/15/12)

RCC 06-03-01 Records Release of Information (Amended 05/15/12)RCC 08-01-01 Fire Prevention (Amended 7/26/13)

RCC 09-08-01 Operation of a Licensed Vehicle by an Inmate (Added 05/15/12)

RCC 09-10-01 Fishing At Roederer Correctional Complex Lakes (Amended 6/28/17[05/15/14])

RCC 09-29-01 Tobacco and Smoke Free Environment (Amended 8/4/16)

RCC 09-31-01 Firewood Cutting and Firewood Sales (Added 8/4/16)

RCC 10-01-02 Temporary Holding Cell[Guidelines] (Amended 6/28/17[7/8/14])

RCC 11-01-01 Food Service (Amended 6/28/17[6/14/16])

RCC 11-04-01 Food Service: Meals, Storage, Menu Nutrition and Alternative Items (Amended 6/14/16)

RCC 11-05-02 Sanitation and Health Requirements of Food Handlers (Amended 6/28/17[05/15/12])

RCC 12-01-01 Sanitation, Living Conditions and Clothing Issuance (Amended 6/28/17[05/15/12])

RCC 12-01-02 Bed Areas (Amended 7/8/14)

RCC 12-01-03 General Guidelines for Living Units (Amended 7/8/14)

RCC 12-02-01 Laundry Services (Amended 6/14/16)

RCC 12-03-01 Personal Hygiene Items: Issuance and Replacement Schedule (Amended 6/28/17[05/15/12])

RCC 12-03-02 Barber Shop Services and Equipment Control (Amended 05/15/14)

RCC 12-07-01 Treatment of Inmates with Body Lice (Added 05/15/12)

RCC 13-02-01 Health Maintenance Services: Sick Call and Pill Call (Amended 6/28/17[05/15/14])

RCC 13-03-01 Dental Procedures and Sick Call (Amended 6/28/17[6/14/16])

RCC 13-04-01 Preliminary Health Evaluation and Establishment of Inmate Medical Records (Amended 05/15/12)

RCC 13-06-03 Emergency Medical and Dental Care Services (Amended 6/28/17[05/15/14])

RCC 13-07-03 Use of Pharmaceutical Products (Amended 6/28/17[05/15/14])

RCC 13-07-04 Self-Administered Medication Program (Amended 7/26/13)

RCC 13-09-01 Notification[of an Inmate’s Family] Due to Serious Illness, Surgery, or Death (Amended 6/28/17[05/15/12])

RCC 13-10-01 Health Education and Special Health Programs (Amended 05/15/12)

RCC 13-11-01 Informed Consent (Amended 05/15/12)

RCC 13-13-01 Identification and Transfer Procedures for Inmates with Psychological, Psychiatric, or Severe Medical Disabilities (Amended 8/4/16)

RCC 13-16-01 Specialized Health Services (Amended 7/8/14)

RCC 13-18-01 Infection Control (Amended 05/15/12)

RCC 13-19-01 Medical Waste Management (Amended 05/15/12)

RCC 13-20-01 Medical Services Co-pay (Amended 05/15/12)

RCC 13-21-01 Mental Health Services (Amended 6/14/16)

RCC 13-24-01 Substance Abuse and Chemical Dependency Program (Amended 6/28/17[6/14/16])

RCC 14-01-01 Inmate Rights and Responsibilities (Amended 6/14/16)

RCC 14-02-01 Legal Services Program (Amended 6/28/17[05/15/12])

RCC 14-03-01 Marriage of Inmates (Amended 05/15/12)

RCC 14-05-01 Americans with Disabilities Act and Inmate Program Access (Amended 6/28/17[Added 6/14/16])

RCC 16-01-01 Inmate Visiting (Amended 6/28/17[6/14/16])

RCC 16-01-02 Restricted Visitation (Amended 8/4/16)

RCC 16-02-01 Telephone Communications (Amended 6/14/16)

RCC 16-03-01 Mail Regulations (Amended 6/28/17[8/4/16])

RCC 16-04-01 Parole Hearings: Media and Visitors (Added 6/28/17[7/26/13])

RCC 17-01-01 Assessment and Orientation Procedure for Intra-system Transfers (Amended 6/14/16)

RCC 17-01-02 Identification Department Admission and Discharge Procedures (Amended 6/28/17[8/4/16])

RCC 17-05-05 Assessment Center Operations and Reception Program (Amended 6/14/16)

RCC 18-01-01 Classification (Amended 6/28/17[6/14/16])

RCC 19-01-01 Job and Program Assignments (Amended 6/28/17[6/14/16])

RCC 20-01-01 Education Program (Amended 6/28/17[6/14/16])

RCC 20-01-03 Vocational Horticulture Program (Amended 6/14/16)

RCC 21-01-01 Library Services (Amended 6/14/16)

RCC 22-01-01 Recreation and Inmate Activities (Amended 6/28/17[05/15/12])

RCC 22-03-01 Inmate Clubs and Organizations (Amended 6/28/17[6/14/16])

[RCC 22-03-02 Alcohol Anonymous and Narcotics Anonymous Club Sponsored Picture Project (Amended 6/14/16)]

RCC 22-04-01 Arts and Crafts Program (Amended 6/28/17[6/14/16])

RCC 23-01-01 Religious Services (Amended 6/28/17[6/14/16])

RCC 24-01-01 Social Services and Counseling (Amended 6/28/17[6/14/16])

RCC 25-01-01 Furloughs (Amended 05/15/12)

RCC 25-05-01 Inmate Discharge Procedure (Amended 6/28/17[6/14/16])

RCC 26-01-01 Citizens Involvement and Volunteer Services Program (Amended 6/28/17[8/4/16])

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Justice and Public Safety Cabinet, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

JAMES ERWIN, Acting Commissioner

      APPROVED BY AGENCY: June 12, 2017

      FILED WITH LRC: June 28, 2017 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2017, at 9:00 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 by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 through August 31, 2017. 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, email Justice.RegsContact@ky.gov.

 

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 Roederer Correctional Complex (RCC)

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 American Correctional Association (ACA) standard requirements.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation governs the operations of the Roederer Correctional Complex. The authorizing statutes permit 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 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 Roederer Correctional Complex. It provides direction and information to employees and inmates concerning the 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 maintains the Roederer Correctional Complex compliance with ACA standards and updates practices for the institution.

      (b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 196.035 and 197.020 and update practices for the institution.

      (c) How the amendment conforms to the content of the authorizing statutes: The authorizing statutes permit 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 institution.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects 254 employees and 1,152 inmates at the Roederer Correctional Complex and all volunteers and visitors to the institution.

      (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, inmates, volunteers, and visitors will have to change their actions to comply with any operational changes made by this amendment. Others who enter RCC will have to comply with policies and procedures concerning entry, search, contraband and others when they enter the 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 RCC.

      (5) Provide an estimate of how much it will cost the administrative body 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: Kentucky Department of Corrections budgeted funds for Roederer Correctional Complex 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 established any fees or directly or indirectly increased any fees: The regulation establishes fees for inmates, e.g. health services co-pays, photo ID fee, etc. The amendment does not establish any fee.

      (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

amendment to this regulation impacts the operation of the Roederer 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 and 197.020 and to meet American Correctional Association (ACA) standards requirements.

      (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 amendment does not generate any revenue.

      (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 amendment does not generate any revenue.

      (c) How much will it cost to administer this program for the first year? The amendment

to this regulation impacts how the Roederer Correctional Complex operates. The amendment to this regulation impacts how the institution operates, but does not increase costs from what will be budgeted to the Roederer Correctional Complex for the biennium.

      (d) How much will it cost to administer this program for subsequent years? The amendment to this regulation impacts how the institution operates, but does not increase costs from what will be budgeted to the Roederer Correctional Complex.

      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: