501 KAR 7:020. Administration; management.

501 KAR 7:020. Administration; management.

RELATES TO: KRS 441.055

STATUTORY AUTHORITY: KRS 441.045, 441.055

NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that elect to house state prisoners. This administrative regulation establishes procedures to be followed for the administration and management of restricted custody centers.

Section 1. Policy, Procedure, and Organization. (1) The jailer shall develop and maintain an organizational chart and an operations manual of policy and procedure which has been adopted by the fiscal court and filed with the department.

(2) The written policy and procedures manual shall be available to employees.

(3) The operations manual shall include the following aspects of the center's operation:

(a) Administration;

(b) Fiscal management;

(d) Security and control;

(e) Sanitation and management;

(f) Medical services;

(g) Food services;

(h) Emergency and safety procedures;

(i) Classification;

(j) Prisoner programs;

(k) Prisoner services; and

(l) Admission and release.

(4) The operations manual shall be reviewed and updated at least annually. Each revision shall be marked with the effective date and filed with the department.

Section 2. Public Information. (1) The jailer shall develop and implement a procedure for the dissemination of information about the center to the public, to government agencies, and to the media. The public and prisoners shall have access to the procedure.

(2) With the prisoner's consent, news media shall be permitted to interview a prisoner as set forth in the center's policy and procedure manual, except if the safety and security of the center is affected.

(3) Written policy and procedure shall establish the time and length allowable for a prisoner interview.

(4) An official statement to the news media relating to center administration policy shall be made by the jailer or his designee.

(5) The procedure for the release of prisoner information shall include the following:

(a) A request for information shall be addressed to the jailer;

(b) A governmental agency shall be provided with information pertinent only to its specific function; and

(6) Information that is detrimental to another prisoner shall not be released.

Section 3. Information Systems. The jailer shall establish and maintain an information system.

(1) Center information and prisoner records shall be:

(a) Retained in written or electronic form; and

(b) Stored in a secure manner so that they are protected from theft, loss, tampering, and destruction. Written guidelines shall specify the length of time a prisoner record shall be maintained after the prisoner's release from custody and the conditions under which archives shall be maintained.

(2) A written report shall be made of an extraordinary or unusual occurrence within forty-eight (48) hours of the occurrence. The report shall be placed in the prisoner's center record. An extraordinary or unusual occurrence shall include:

(a) Death of a prisoner;

(b) Attempted suicide that constitutes a serious health situation, or suicide;

(d) Attempted escape or escape from center;

(e) Fire;

(f) Riot;

(g) Battery, whether by a staff member or prisoner;

(h) Sexual assault; and

(i) Occurrence of contagious or infectious disease, or illness within the facility.

(3) The center shall keep a log of daily activity.

(4) Each center shall maintain records on the types and hours of training completed by each employee. A current and accurate personnel record shall be maintained on each employee. Each employee shall have access to his individual record.

Section 4. Prisoner Records. (1) The information required by 501 KAR 7:120 for admission and release shall be retained for each prisoner. Other information retained in each prisoner's center record shall include:

(a) Court orders;

(b) Personal property receipts;

(d) Reports of disciplinary actions;

(e) Work record and program involvement;

(f) Any unusual occurrence; and

(g) If a prisoner dies, the disposition of the prisoner's property and remains.

(2) Medical records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.

(3) The jailer shall ensure that prisoner records are safeguarded in accordance with federal and state laws and regulations.

(4) The jailer shall require a prisoner to sign a "Release of Information Consent Form" prior to the release of information, other than public information, to an individual other than law enforcement or a court official. A copy of the signed consent form shall be maintained in the prisoner's record. This form shall include:

(a) Name of person, agency or organization requesting information;

(b) Name of facility releasing information;

(d) Purpose of the information;

(e) Date consent form signed;

(f) Signature of prisoner; and

(g) Signature of employee witnessing the prisoner's signature. (13 Ky.R. 815; eff. 11-11-86; Am. 26 Ky.R. 175; 27 Ky.R. 87; eff. 7-17-2000; 31 Ky.R. 1730; 1963; eff. 7-1-05.)