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 in 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 in 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 in 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. 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 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.
(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 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 4. 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 all areas where a prisoner may be confined, each jail shall have 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) 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 per shift shall be trained and 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) A health status (including current medications, known allergies, and diet or other special medical needs) shall be completed on each prisoner during admission.
(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 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 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;
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 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 nutritionally adequate diet containing at least 2,400 calories daily and jail menus shall be approved annually by a nutritionist or dietician.
(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. 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.
This is to certify that the Jail Standards Review Advisory Commission established pursuant to KRS 441.055(2) has reviewed 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). (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; eff. 9-5-08; 37 Ky.R. 2992; 38 Ky.R. 592; eff. 10-7-11.)