††††† RELATES TO: KRS 67.900, 198B.650-198B.689, 217.280-217.390, 441.005, 441.045, 441.055, 441.560, 532.100
††††† STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055, 441.560
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the Department of Corrections to promulgate administrative regulations establishing minimum health and life safety standards for jails that do not house state prisoners. This administrative regulation sets forth procedures to provide protection for basic health and life safety in jails that do not house state prisoners.
††††† Section 1. Definitions. (1) "Department" is defined by KRS 441.005(5).
††††† (2) "Governing authority" means a county fiscal court, urban-county government, charter county government, consolidated local government, unified local government, or regional jail authority.
††††† (3) "Jail" or "Life Safety Jail" means any county jail and correctional or detention facility, including correctional facilities defined by KRS 67B.020, operated by and under the supervision of a governing authority that does not house state prisoners pursuant to KRS 532.100.
††††† (4) "Jail personnel" is defined by KRS 441.005(6).
††††† (5) "Medical authority" means the person or persons licensed to provide medical care to prisoners in the jail's custody.
††††† (6) "Telehealth" means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, transfer of health or medical data, and continuing education.
††††† Section 2. Policy and Procedure. The jailer shall develop and maintain a policy and procedures manual that has been adopted by the governing authority and filed with the department. The policy and procedures manual shall include, at a minimum, the following aspects of the jailís operation:
††††† (1) Administration;
††††† (2) Staffing;
††††† (3) Security and control;
††††† (4) Physical plant;
††††† (5) Fire safety;
††††† (6) Sanitation and hygiene;
††††† (7) Medical services; and
††††† (8) Food services.
††††† Section 3. Administration. (1) Jail information and prisoner records shall be stored in a secure manner so that they are protected from theft, loss, tampering, and destruction. Prisoner records shall be maintained as required by the Department of Libraries and Archives pursuant to 725 KAR Chapter 1.
††††† (2) A telephonic report to the department shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence, and a final written report shall be made within forty-eight (48) hours. This report shall be placed in the jail record. Extraordinary or unusual occurrences shall include:
††††† (a) Death of a prisoner;
††††† (b) Suicide or attempted suicide that constitutes a serious health concern;
††††† (c) Serious injury, whether accidental or self-inflicted;
††††† (d) Escape or attempted escape from confinement;
††††† (e) Fire;
††††† (f) Riot;
††††† (g) Assault, whether by jail personnel or prisoner;
††††† (h) Sexually abusive conduct;
††††† (i) Occurrence of contagious or infectious disease, or illness within the facility; and
††††† (j) Any serious event that threatens the safety or security of the facility or jail personnel.
††††† (3) The jail shall, if there is an escape, immediately:
††††† (a) Notify the Division of Local Facilities jail inspector;
††††† (b) Notify Kentucky State Police or local law enforcement;
††††† (c) Activate VINE through use of the Emergency Override Line (EOL); and
††††† (d) Enter the prisonerís escape status into the jail management system.
††††† Section 4. Staffing. (1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of two (2) jail personnel, excluding jail personnel designated for communication. If requested by the jailer or governing authority, the department may conduct a staffing analysis.
††††† (2) Each jail shall be required to provide the Department with a weekly population update.
††††† (3) If a female prisoner is lodged in the jail, the jail shall provide a female deputy to perform twenty-four (24) hour awake supervision.
††††† (4) Qualifications. Jail personnel shall be at least twenty-one (21) years of age.
††††† (5) Compensation. Each employee shall receive a wage at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.
††††† (6) Males and females shall be housed separately.
††††† Section 5. Security and Control. (1) Jail personnel shall conduct and document direct, in-person surveillance of each prisoner on an irregular basis, at least every sixty (60) minutes.
††††† (2) Jail personnel shall conduct and document direct, in-person surveillance every twenty (20) minutes, at irregular intervals, on the following classes of prisoners:
††††† (a) Suicidal; and
††††† (b) Mentally or emotionally disturbed.
††††† (3) There shall be at least three (3) documented prisoner counts every twenty-four (24) hours during which each prisonerís physical presence, by show of skin or by movement, shall be observed. At least one (1) count shall be conducted per shift.
††††† (4) A prisoner shall not be assigned to a position of authority over another prisoner.
††††† (5) A prisoner shall not be permitted to perform or assist in a security duty.
††††† (6) A trustee, if used, shall not have access to or control of a weapon.
††††† (7) Daily Jail Log; Special reports. A daily log shall be kept current and shall reflect significant occurrences within the jail. Special reports shall include:
††††† (a) Disciplinary action;
††††† (b) Medical or mental health treatment;
††††† (c) Feeding schedule and menus;
††††† (d) Extraordinary occurrences:
††††† 1. Fire;
††††† 2. Assault;
††††† 3. Suicide or attempted suicide; or
††††† 4. Escape or attempted escape;
††††† (e) Inmate vandalism:
††††† 1. Destruction of jail property; or
††††† 2. Flooding of plumbing fixtures;
††††† (f) Jail personnel roster for each shift; and
††††† (g) Visitorís log.
††††† Section 6. Physical Plant. (1) Square footage living space requirement for jails shall be the same as required in 501 KAR 3:050.
††††† (2) All furnishings in the jail shall be noncombustible and nontoxic as approved by the department.
††††† (3) Kitchen. The purpose of this area shall be to provide sufficient space and equipment for preparing meals for the maximum rated capacity of the jail. Design features shall include:
††††† (a) Compliance with standards of the Kentucky Food Code, 902 KAR 45:005;
††††† (b) Commercial type stoves and refrigeration units; and
††††† (c) Walls, floors, and decks that are approved fire-rated masonry, concrete, or steel construction.
††††† (4) Gauges, indicators, and alarms shall be located in an area monitored by jail personnel.
††††† (5) The jail shall provide ventilation to meet the air exchange requirements in the Kentucky Department of Corrections Jail Construction, Expansion, and Renovation Guidelines incorporated by reference in 501 KAR 3:050.
††††† (6) Electrical outlets if provided shall be ground-faulted or have ground-fault circuit breakers.
††††† (7) All tools, toxic, corrosive, and flammable substances, and other potentially dangerous supplies and equipment shall be stored in a locked area not accessible to prisoners.
††††† (8) The jail shall have a procedure for immediate reporting and repairing any broken or malfunctioning key or lock.
††††† (9) A set of duplicate keys shall be maintained in a separate, secure place.
††††† (10) Each jail shall comply with the Kentucky Building Code, 815 KAR 7:120.
††††† Section 7. Fire Safety. (1) Each jail shall have a written policy and procedure that specifies fire prevention practices to ensure the safety of prisoners, visitors, and jail personnel. These shall include, at a minimum:
††††† (a) Fire emergency planning sessions for jail personnel at least quarterly;
††††† (b) Maintaining written documentation of fire planning sessions and a written copy of the material taught;
††††† (c) A fire safety inspection by the department at least once a year;
††††† (d) Inspection and testing of fire protection equipment by qualified persons at least annually with visual inspections by jail personnel monthly;
††††† (e) Being a tobacco-free facility; and
††††† (f) A written evacuation plan coordinated with local fire officials.
††††† (2) Each jail shall have exits distinctly and permanently marked, visible at all times, kept clear, and maintained in usable condition.
††††† (3) Each jail shall have equipment necessary to maintain essential lights, power, HVAC, and communications in an emergency situation.
††††† (4) In each area where a prisoner may be confined, there shall be an emergency smoke control system activated by smoke detectors and operated by emergency power. Inspection and testing of the smoke control system shall be conducted by a qualified person at least annually.
††††† (5) Each jail shall have an approved fire alarm and smoke detection system.
††††† Section 8. Sanitation; Hygiene. (1) The jailer shall provide for the control of vermin and pests.
††††† (2) The jail shall provide for both solid and liquid waste disposal.
††††† (3) The jail shall have fresh air circulating within prisoner living and activity areas.
††††† (4) All prisoners shall be provided with hot and cold running water in showers and lavatories.
††††† (5) All prisoners shall be provided with toilet paper or feminine hygiene items when needed.
††††† Section 9. Medical Services. (1) Jail personnel shall have current training in standard first aid equivalent to that provided by the American Red Cross, the American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive training within their first year of employment.
††††† (2) At least one (1) jail personnel on site shall be certified to perform CPR (Cardiopulmonary Resuscitation), equivalent to that provided by the American Red Cross, the American Heart Association, or an equivalent nationally recognized organization. New jail personnel shall receive certification within their first year of employment.
††††† (3) The jail shall have first aid kits available at all times.
††††† (4) Medical screening shall be performed by the receiving jail personnel on all prisoners upon their admission to the jail and before their placement in prisoner living areas. The findings of this medical screening shall be recorded on a printed screening form approved by the medical authority. The medical screening inquiry shall include:
††††† (a) Current illnesses and health problems;
††††† (b) Medications taken and special health requirements;
††††† (c) Screening of other health problems designated by the medical authority;
††††† (d) Behavioral observation, state of consciousness, and mental status;
††††† (e) Notation of body deformities, markings, bruises, lesions, jaundice, ease of movement, and other distinguishing characteristics;
††††† (f) Condition of skin and body orifices, including rashes and infestations; and
††††† (g) Disposition and referral of prisoners to qualified medical personnel on an emergency basis.
††††† (5) Each prisoner shall be afforded access to necessary medical care as in KRS 441.045.
††††† (6) The medical authority shall be a licensed practical nurse (LPN), a higher level of licensed nurse, a licensed medical doctor, or licensed doctor of osteopathy. Telehealth services may be used.
††††† Section 10. Medical Transfers pursuant to KRS 441.560. (1) A jailer may request that a prisoner be transferred to the department for necessary medical treatment and care if the prisoner:
††††† (a) Is injured;
††††† (b) Is pregnant;
††††† (c) Becomes sick or ill;
††††† (d)1. Is severely and persistently mentally ill; and
††††† 2. Is presenting an imminent risk of harm to self or others; or
††††† (e) Requires specialized medical care or long-term medical care which is not available at the local jail.
††††† (2) The transfer request shall be submitted to the Classification Brach in writing and shall contain the following information:
††††† (a) Prisoner's name;
††††† (b) Prisoner's Social Security number;
††††† (c) County where currently housed;
††††† (d) Inmate number;
††††† (e) Pending charge or conviction and whether felony or misdemeanor;
††††† (f) Estimated sentence or time to serve;
††††† (g) Whether the prisoner has insurance or not;
††††† (h) Whether the prisoner is indigent or not;
††††† (i) Justification for medical transfer;
††††† (k) Whether the care is necessary or not;
††††† (l) Any conflict reports; and
††††† (m) Relevant attachments such as:
††††† 1. Copy of prisoner's insurance card;
††††† 2. Doctor's report;
††††† 3. Incident report;
††††† 4. Citation;
††††† 5. Booking information;
††††† 6. Preexisting medical records; or
††††† 7. Current medication.
††††† (3) If a prisoner is approved for transfer to the department as a medical prisoner, the jail shall provide the following, unless already provided with the transfer request:
††††† (a) All medical information;
††††† (b) Current medication in proper container;
††††† (c) Booking information;
††††† (d) Incident reports;
††††† (e) Current citation;
††††† (f) Classification information;
††††† (g) Conflict reports;
††††† (h) Any additional pertinent information; and
††††† (i) Custody receipt.
††††† (4) If a prisoner is approved for transfer to the department as a medical prisoner, the prisoner shall be transported by the department.
††††† Section 11. Food Services. (1) The jail shall comply with KRS 217.280 to 217.390, 803 KAR 2:317, and 902 KAR 45:005.
††††† (2) The jail shall provide prisoners with a nutritionally adequate diet containing at least 2,400 calories daily and jail menus shall be approved annually by a nutritionist or dietician. Condiments shall not be included in the daily caloric totals.
††††† (3) Except as provided by subsection (4) of this section, prisoners shall receive three (3) meals per day, one (1) of which shall be hot. More than fourteen (14) hours shall not elapse between any two (2) meals.
††††† (4) The jailer may elect to provide only two (2) meals on Saturdays, Sundays, and holidays, if both meals still meet the minimum 2,400 calories per day. Condiments shall not be included in the daily caloric totals. If the jailer elects to serve only two (2) meals, more than sixteen (16) hours shall not elapse between any two (2) meals.
††††† (5) The jailer shall provide for medical diets if prescribed by a medical authority.
††††† (6) The jailer shall maintain accurate records of all meals served.
††††† (7) Food shall not be used for disciplinary purposes.
††††† (8) Jail personnel shall directly supervise all food prepared within the jail.
††††† (9) All food shall be served under the direct supervision of jail personnel.
††††† (10) The jail shall have sufficient cold and dry food storage facilities.
††††† (11) The jailer or his designee shall inspect the food service area daily.
††††† (12) Canteen food items purchased by prisoners may be stored and prepared in amounts that do not pose a threat to the health or security of the institution (22 Ky.R. 1402; Am. 1601; eff. 3-7-1996; 24 Ky.R. 1418; eff. 4-15-1998; 29 Ky.R. 2770; 30 Ky.R. 31; eff. 7-17-2003; 31 Ky.R. 1580; 1810; eff. 5-26-2005; 34 Ky.R. 1200; 1721; eff. 3-7-2008; eff. 9-5-2008; 37 Ky.R. 2992; 38 Ky.R. 592; eff. 10-7-2011; 42 Ky.R. 1969; 2352; eff. 3-4-2016.)