501 KAR 13:010. Life safety issues.

 

      RELATES TO: KRS 198B.650-198B.689, 217.280-217.390, 441.055, 441.560

      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 elect to 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) "Life Safety Jail" means county jails and correctional or detention facilities, including correctional facilities defined in KRS 67B.020, operated by and under the supervision of any county, regional jail authority, city or urban county government that does not house state prisoners pursuant to KRS 532.100.

      (2) "Medical authority" means the person or persons licensed and certified to provide medical care to prisoners in the jail's custody.

 

      Section 2. 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) Each jail shall be required to provide the Department of Corrections 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. Security employees 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 3. 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 of Corrections.

      (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 Retail 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 staff.

      (5) The jail shall provide ventilation to meet the air exchange requirements in the Kentucky Jail Construction and Renovation Standards 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 which shall be secure.

      (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 4. Fire Safety. (1) Each jail shall have a written policy and procedure that specifies fire prevention regulations and practices to ensure the safety of prisoners, visitors, and staff. These shall include, at a minimum:

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

      (b) Written documentation of fire planning sessions and a written copy of the material taught;

      (c) A fire safety inspection by the Department of Corrections at least once a year;

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

      (e) Smoking restrictions and regulations; and

      (f) 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, and communications in an emergency situation.

      (4) In all areas where a prisoner may be confined, each jail shall be provided with an emergency smoke evacuation system activated by smoke detectors and operated by emergency power.

      (5) Each jail shall have an approved fire alarm and smoke detection system.

 

      Section 5. 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.

 

      Section 6. Medical Services. (1) Deputy jailers and correctional officers shall have current training in standard first aid and C.P.R., as offered by the American Red Cross, the American Heart Association, or an equivalent nationally recognized organization.

      (2) The jail shall have first aid kits available at all times.

      (3) A health status (including current medications, known allergies, and diet or other special medical needs) shall be completed on each prisoner during admission.

      (4) Each prisoner shall be afforded access to necessary medical care as in KRS 441.045.

 

      Section 7. 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 commissioner 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 catastrophic 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 catastrophic medical prisoner, the prisoner shall be transported by the department.

 

      Section 8. 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 diet containing 2400 calories daily and jail menus shall be approved annually by a nutritionist or dietician.

      (3) 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 shall provide for medical diets if prescribed by a medical authority.

      (5) The jailer shall provide for religious diets in accordance with 501 KAR 3:130 after review and approval of religious authority.

      (6) The jailer shall maintain accurate records of all meals served.

      (7) Food shall not be used for disciplinary purposes.

      (8) A staff member shall directly supervise all food prepared within the jail.

      (9) All food shall be served under the direct supervision of a staff member.

      (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. 3-7-96; 24 Ky.R. 1418; eff. 4-15-98; 29 Ky.R. 2770; 30 Ky.R. 31; eff. 7-17-2003; 31 Ky.R. 1580; 1810; eff. 5-26-05; 34 Ky.R. 1200; 1721; eff. 3-7-2008.)