JUSTICE AND PUBLIC SAFETY CABINET

JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

501 KAR 7:070. Safety; emergency procedures.

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 [~~elect to~~] house state prisoners. This administrative regulation establishes safety and emergency procedures to be followed in restricted custody centers.

Section 1. Policy and Procedure. (1) Each center shall work with its local fire department to develop a written policy and procedure that[~~which~~] shall specify fire prevention administrative regulations and practices to ensure the safety of prisoners, visitors, and staff. The policy shall include:

(a) Provision for a fire emergency planning session for staff at least quarterly;

(b) Written documentation of the fire planning session including evacuation, fire drills, and other procedures covered during this session;

(d) Inspection and testing of fire protection equipment by a qualified person at least annually with visual inspections by staff monthly;

(e) All restricted custody centers shall be deemed nonsmoking facilities[~~Smoking restrictions and regulations~~]; and

(f) An evacuation plan coordinated with local fire officials and[~~. This plan shall be~~] approved by the Department of Corrections.

(2) Each center shall have written policy and procedures for emergency situations including:

(a) Escape;

(b) Hostage taking;

(d) Food poisoning;

(e) Civil disturbance in the community;

(f) Natural disaster;

(g) Suicide; [~~and]~~

(h) Other death and disorder; and

(i) Mass evacuation disaster plan.

Section 2. Physical Plant. (1) The center shall comply with the Kentucky Building Code, incorporated by reference in 815 KAR 7:120. An existing center for which approval has been granted may continue without change, except if a significant alteration, addition, or change of occupancy occurs.

(2) Each exit shall be:

(a) Distinctly and permanently marked;

(b) Visible at all times;

(d) Maintained in usable condition.

(3) Each center shall have equipment necessary to maintain essential lights, power, and communications in an emergency situation.

(4) Each center shall have an approved fire alarm and smoke detection system.

(5) Each area shall have an approved fire-suppression system.

This is to certify that the Jail Standards Commission has approved this administrative regulation prior to its filing by the Department of Corrections with the Legislative Research Commission as required by KRS 13A.120(3) and 13A.220(6)(a).

LADONNA H. THOMPSON, Chairperson

APPROVED BY AGENCY: April 14, 2008

FILED WITH LRC: April 15, 2008 at 11 a.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on May 21, 2008 at 10 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 (5) 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 June 2, 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) 564-3279, fax (502) 564-6686.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Karen S. Howard (502) 564-3279

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes safety and emergency procedures for restricted custody centers.

(b) The necessity of this administrative regulation: To conform to the requirements of KRS 441.055.

(c) How this administrative regulation conforms to the content of the authorizing statues: It establishes minimum safety standards for restricted custody centers as required by KRS 441.055.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: It establishes minimum safety standards for restricted custody centers.

(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: It clarifies documentation requirements for fire planning sessions, requires restricted custody centers to be non-smoking facilities (outside smoking remains in the discretion of the jailer), and requires a written mass evacuation disaster plan.

(b) The necessity of the amendment to this administrative regulation: To update the safety requirements for restricted custody centers.

(c) How the amendment conforms to the content of the authorizing statutes: The amendment adopts the Jail Standard Commission recommendations as required by KRS 532.100.

(d) How the amendment will assist in the effective administration of the statutes: It updates and clarifies the safety requirements for restricted custody centers.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects approximately 66 restricted custody centers and their staff, approximately 50 Department of Corrections employees, including 16 Local Facilities staff, and approximately 1317 restricted custody center inmates.

(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: Restricted custody centers will have to comply with the fire planning session documentation requirements, will have to be non-smoking indoors, and will have to have a written mass evacuation disaster plan.

(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.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Restricted custody centers will have healthier environments and better safety and emergency procedures.

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

(a) Initially: No additional cost.

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

(6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation? Budgeted funds.

(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 necessary.

(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. Minimum standards regarding prisoner rights apply equally to all restricted custody centers.

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? Dept. of Corrections and restricted custody centers.

3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 441.055

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? None for the state. Revenue generated for local government is included in the total $81 million that the state pays local jails for the housing, transportation, and medical care of the state inmates.

(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? Approximately the same as (a).

(c) How much will it cost to administer this program for the first year? For fiscal year 2008, the department will pay the local jails approximately $81 million for the housing, transportation, and medical care of the state inmates. Plus, the department will have approximately $974,800 in staff salaries and administrative costs. The jails will have some staff and administrative costs, but this program is a source of revenue for them.

(d) How much will it cost to administer this program for subsequent years? Approximately the same as in (c).

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: