JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 6:120. Blackburn 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 any division therein. These policies and procedures are incorporated by reference in order to comply with the accreditation standards by the American Correctional Association. This administrative regulation establishes the policies and procedures for the Blackburn Correctional Complex.

 

      Section 1. Incorporation by Reference. (1) "Blackburn Correctional Complex Policies and Procedures," March 14, 2008, are[", December 10, 2002, is] incorporated by reference. Blackburn Correctional Complex Policies and Procedures include:

 

[BCC 01-07-01    Extraordinary Occurrence Reports

BCC 01-09-01     Legal Assistance for Staff]

BCC 01-11-01     Roles of Consultants, Contract Employees, Volunteers and Employees of Other Agencies

BCC 01-13-01     Relationships with Public, Media, and Other Agencies

BCC 01-13-02     Public Information and News Media Access

[BCC 01-15-01    Internal Affairs Office

BCC 01-16-01     Tours of Blackburn Correctional Complex]

BCC 01-19-01     Inmate Access to BCC Staff

BCC 02-01-01     Inmate Canteen

[BCC 02-02-01    Fiscal Responsibility

BCC 02-02-02     Fiscal Management: Accounting Procedures

BCC 02-02-03     Fiscal Management: Checks

BCC 02-02-04     Fiscal Management: Budget

BCC 02-02-05     Fiscal Management: Insurance

BCC 02-02-06     Fiscal Management: Audits

BCC 02-04-01     Billing Method for Specialized Health Services

BCC 02-05-01     Property Inventory

BCC 02-06-01     Purchasing]

BCC 02-07-01     Inmate Personal Accounts

[BCC 04-03-01    Educational Assistance Program]

BCC 05-01-01     Inmate Participation in Authorized Research

[BCC 06-02-01    Release of Records]

BCC 06-02-02     Offender Records (Amended 10/14/02)

BCC 08-02-01     Natural Disaster Plan (Tornado)

[BCC 08-03-01    Emergency Preparedness Plan Manual]

BCC 08-04-01     Fire Safety Plan, Drills and Related Duties

[BCC 08-05-01    Duties of Fire Safety and Sanitation Officer]

BCC 08-06-01     Storage Control and Accountability of Flammable, Toxic, Caustic and Other Hazardous Materials (Amended 10/14/02)

[BCC 09-01-01    Inclement Weather or Emergency Conditions Operation]

BCC 09-02-03     Regulation of Inmate Movement

BCC 09-03-01     Inmate Identification

[BCC 09-10-03    Development of Institutional Post Orders]

BCC 09-14-01     Prohibiting Inmate Authority Over Other Inmates

[BCC 09-16-01    Security Activity Log

BCC 09-18-01     Use of State Vehicles and Staff-owned Vehicles]

BCC 09-19-01     Duties and Responsibilities of the Institutional Captain

BCC 10-01-02     Temporary Segregation Holding Area

BCC 11-01-01     Menu and Restricted Diets (Amended 12/10/02)

BCC 11-02-01     Food Service: Inspection, Health Protection and Sanitation

BCC 11-03-01     Food Service: Meals

BCC 11-04-01     Dining Room Guidelines

BCC 11-05-01     Food Service Security: Knife & Other Sharp Instrument Control (Amended 12/10/02)

BCC 11-06-01     Purchasing, Storage and Farm Products

[BCC 11-07-01    Food Service Operations Manual]

BCC 12-02-01     Personal Hygiene Items

BCC 12-02-02     Clothing, Linens, Bedding Issuance and Shower Facilities

BCC 12-05-01     Barber Shop Services (Amended 10/14/02)

[BCC 12-06-01    BCC Housekeeping Plan]

BCC 13-01-01     Sick Call and Pill Call

[BCC 13-02-01    Administration and Authority for Health Services (Amended 12/10/02)]

BCC 13-03-01     Provisions of Health Care Delivery

[BCC 13-04-01    Licensure and Training Standards]

BCC 13-05-01     Medical Alert System

BCC 13-06-01     Health Care Practices

BCC 13-07-01     Emergency Medical Care Plan (Amended 10/14/02)

BCC 13-07-02     Emergency and Specialized Health Services (Amended 10/14/02)

BCC 13-07-03     Immediate Medical Treatment for Person's Injured by Weapon or Chemical Agent

BCC 13-08-01     Inmate Health Screening and Evaluation (Amended 10/14/02)

BCC 13-09-01     Prohibition on Medical Experimentation

BCC 13-10-01     Dental Services (Amended 10/14/02)

BCC 13-11-01     Suicide Prevention and Intervention Program

BCC 13-12-01     Use of Pharmaceutical Products (Amended 10/14/02)

BCC 13-12-02     Parenteral Administration of Medications and Use of Psychotropic Drugs

BCC 13-13-01     Inmate Health Education (Amended 10/14/02)

BCC 13-14-01     Management of Serious and Infectious Diseases (Amended 10/14/02)

BCC 13-15-01     Informed Consent

BCC 13-16-01     Health Records

BCC 13-17-01     Notification of Inmate Family in the Event of Serious Illness, Injury or Surgery (Amended 12/10/02)

BCC 13-19-01     Physicians Referrals and Continuity of Care

BCC 13-20-01     Chronic and Convalescent Care (Amended 10/14/02)

BCC 13-22-01     Psychiatric and Psychological Services, Handling of Mentally Retarded Inmates and Transfers

BCC 14-01-01     Office of Public Advocacy and Attorney Visits (Amended 10/14/02)

[BCC 14-04-01    Inmate Rights and Responsibilities (Amended 10/14/02)]

BCC 15-01-01     Restricted Areas

BCC 15-02-01     Inmate Pass System to Restricted Areas

BCC 15-02-02     Room Assignment (Amended 12/10/02)

BCC 15-03-01     Rules and Regulations for Dormitories (Amended 10/14/02)

BCC 15-04-01     Population Counts and Count Documentation

BCC 15-05-01     Extra Duty Assignments

BCC 16-01-01     Inmate Furloughs (Amended 10/14/02)

BCC 16-02-01     Inmate Visiting (Amended 12/10/02)

BCC 16-03-02     Outgoing Inmate Packages

BCC 16-03-03     Inmate Correspondence (Amended 10/14/02)

BCC 17-02-01     Inmate Personal Property

[BCC 17-03-01    Processing of New Inmates From Local Jails]

BCC 18-01-01     Classification of the Inmate (Amended 10/14/02)

BCC 19-01-01     Inmate Work Programs (Amended 10/14/02)

BCC 19-02-01     Classification of Inmates to Governmental Service Program

BCC 19-03-01     Correctional Industries (Amended 10/14/02)

BCC 20-01-01     Blackburn Education Center

[BCC 20-04-01    Educational Program Evaluation]

BCC 20-05-01     Educational Program Planning

BCC 20-06-01     Academic and Vocational Curriculum (Amended 10/14/02)

BCC 21-01-01     Library Services (Amended 10/14/02)

BCC 21-01-02     Audio or Video Tape Court Transcripts

[BCC 22-01-01    Arts and Crafts/Production and Sale of Items]

BCC 22-02-01     Privileged Trips (Amended 10/14/02)

[BCC 22-03-01    Recreational Employees (Amended 10/14/02)]

BCC 22-04-01     Recreation and Inmate Activities (Amended 12/10/02)

BCC 22-04-02     Inmate Clubs and Organizations (Amended 10/14/02)

BCC 22-04-03     Conducting Inmate Organizational Meetings and Programs (Amended 10/14/02)

BCC 22-04-04     Recreation Program Availability (Amended 10/14/02)

BCC 22-04-05     Supervision of Leisure-time Craft Club Activities and Materials (Amended 10/14/02)

BCC 22-06-01     Music Club

BCC 22-09-01     Use of Inmates in Recreation Programs

BCC 23-01-01     Religious Services (Amended 10/14/02)

[BCC 24-01-01    Duties and Responsibilities of Classification and Treatment Officers

BCC 24-02-01     Duties and Responsibilities of the Unit Director and Assistant to the Unit Director]

BCC 24-03-01     Social Services (Amended 12/10/02)

BCC 25-01-01     Inmate Check Out Procedure

BCC 25-02-01     Reporting Inmate Misconduct Following Favorable Recommendations by the Parole Board (Added 10/14/02)

[BCC 25-05-01    Supplemental Preparole Progress Reports]

BCC 26-01-01     Citizen Involvement and Volunteer Service Program.

      (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, [Office of the General Counsel, Department of Corrections, 2439 Lawrenceburg Road, PO Box 2400, Frankfort, Kentucky 40602-2400,] Monday through Friday, 8 a.m. to 4:30 p.m.

 

LADONNA H. THOMPSON, Commissioner

      APPROVED BY AGENCY: March 13, 2008

      FILED WITH LRC: March 14, 2008 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on April 21, 2008 at 10:30 a.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 April 30, 2008 to:

      CONTACT PERSON: Karen S. Howard, Justice & Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-8215, fax (502) 564-6686.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Karen S. Howard

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: The regulation incorporates by reference the policies and procedures governing Blackburn Correctional Complex 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 statues: The regulation governs the operations of Blackburn 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 provides 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 updates current practices for the department and its facilities by deleting outdated or unnecessary policies.

      (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 Blackburn Correctional Complex.

      (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 Blackburn Correctional Complex employees, inmates, and all visitors 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: No additional action required as amendments only delete outdated or unnecessary policies.

      (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 will be budgeted to Blackburn Correctional Complex.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Deleting outdated and unnecessary policies 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: 0

      (b) On a continuing basis: 0

      (6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: Changes to this regulation are not expected to increase costs from what will be budgeted to the Blackburn Correctional Complex.

      (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:

Changes to this regulation are not expected to increase costs from what will be budgeted to Blackburn Correctional Complex.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No

      (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation.

 

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? This administrative regulation impacts the daily operations of Blackburn Correctional Complex.

      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? Changes to this regulation do not create any revenue for Blackburn Correctional Complex, 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? Changes to this regulation do not create any revenue for Blackburn Correctional Complex, or other government entity

      (c) How much will it cost to administer this program for the first year? No new programs have been created.

      (d) How much will it cost to administer this program for subsequent years? Changes to this regulation are not expected to increase costs from what will be budgeted to Blackburn 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: