501 KAR 7:040. Personnel.

      RELATES TO: KRS 441.045, 441.055

      STATUTORY AUTHORITY: KRS 196.035, 197.020, 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 house state prisoners. This administrative regulation establishes personnel procedures to be followed in restricted custody centers.

      Section 1. Staffing. (1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of two (2) staff members, excluding communication staff. If requested by the jailer or fiscal court, the Department of Corrections may conduct a staffing analysis.

      (2) If a female prisoner is housed in the center, the center shall provide a female deputy to perform twenty-four (24) hour awake supervision.

      Section 2. Qualifications. Security employees shall be at least twenty-one (21) years of age.

      Section 3. Compensation. Each employee shall receive a wage that is at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.

      Section 4. Training. Jail personnel whose jobs require prisoner supervision shall successfully complete a minimum of sixteen (16) hours annual in-service training delivered by the department on a regional or basis, or by computer-based training, or by another agency after first being reviewed and approved by the Department of Corrections.

      Section 5. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every staff position.

      Section 6. Physical Fitness. The jailer shall ensure that a level of physical fitness is maintained that will allow each employee to satisfactorily perform his duties.

      Section 7. Code of Ethics. (1) The jailer shall make a written code of ethics available to each employee.

      (2) The written code of ethics shall be incorporated in the center's policy and procedures manual and shall include the following:

      (a) An employee shall not:

      1. Exchange a personal gift or a favor with a prisoner, his family, or friend;

      2. Accept any form of bribe or unlawful inducement;

      3. Perform duties under the influence of an intoxicant or consume an intoxicant while on duty;

      4. Violate or disobey an established rule, administrative regulation, or lawful order from a superior;

      5. Discriminate against any prisoner on the basis of race, religion, creed, gender, national origin, or other individual characteristic;

      6. Employ corporal punishment or unnecessary physical force;

      7. Subject a prisoner to physical or mental abuse;

      8. Intentionally demean or humiliate a prisoner;

      9. Bring a weapon or an item declared as contraband into the center without proper authorization;

      10. Engage in critical discussion of staff or any prisoner in the presence of a prisoner;

      11. Divulge confidential information without proper authorization;

      12. Withhold information which, in so doing, threatens the security of the center, its staff, visitors, or the community;

      13. Through negligence, endanger the well-being of self or others;

      14. Engage in any form of business or profitable enterprise with a prisoner;

      15. Inquire about, disclose, or discuss details of a prisoner's crime other than as may be absolutely necessary in performing official duties;

      16. Enter into an intimate, personal relationship with a prisoner while the prisoner is incarcerated at the same jail that the employee is employed by; or

      17. Enter into an intimate, personal relationship with a former prisoner of jail within six (6) month of that prisoner’s release.

      (b) An employee shall:

      1. Comply with established rules, administrative regulations, and lawful orders from superiors;

      2. Treat prisoners in a fair, impartial manner; and

      3. Report a violation of the code of ethics to the jailer.

      (3) A violation of the code of ethics shall be made a part of the employee's personnel file. (13 Ky.R. 817; eff. 11-11-86; Am. 19 Ky.R. 1876; 2633; eff. 6-7-93; 26 Ky.R. 176; 27 Ky.R. 88; eff. 7-17-2000; 31 Ky.R. 1569; 1803; eff. 5-26-05; 34 Ky.R. 1192; 1971; eff. 3-7-2008.)