Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(5) requires
qualifying Class D and Class C felons to serve their sentences in jails. KRS 196.035 authorizes the secretary to promulgate administrative regulations
necessary or suitable for the proper administration of the functions of the
cabinet or any division in the cabinet. This administrative regulation
establishes the definitions used in 501 KAR Chapter 2 for the Class C and D
felons serving their sentences in the jails pursuant to the statute instead of
in a state correctional institution.
Section
1. Definitions.
(1) "Assessment
and Classification Center" or "AC Center" means the units at Roederer
Correctional Complex, Kentucky Correctional Institution for Women, and Ross
Cash Center that initially receive all convicted felons, except for those
sentenced to the death penalty, who are committed to the Kentucky Department of
Corrections.
(2) "Class C felon"
means an inmate convicted of a Class C felony that meets the requirements
established in KRS 532.100(5)(c).
(3) "Class D felon" means an inmate convicted
of a Class D felony that meets the requirements established in KRS 532.100(5) (a), (b), or (c).
(4) ""Community
custody" means that the inmate meets the requirements for that classification
level established in the Department of Corrections Classification Manual,
incorporated by reference in 501 KAR 6:080.
(5) "Controlled intake inmate" means a
convicted felon who is entering into the Kentucky adult correctional
system.
(6) "Deaf or hard of
hearing inmate" means an inmate who has a hearing loss, which qualifies the
inmate as an individual with a disability under the Americans with Disability
Act (ADA). See 42 U.S.C.,§
12102(4).
(7) "Department" is defined by KRS 441.005(5).
(8) "Director of
Population Management" means the Department of Corrections employee who
approves inmates for placement in jails and in halfway house facilities
throughout the state.
(9)
"Educational good time" means a credit on an inmate's sentence for an
educational accomplishment pursuant to KRS 197.045(1)(a)2.
(10) "Escape" is defined by KRS 520.010(5).
(11) "Jail" means a
jail as defined by KRS 441.005(1) or a regional jail as defined KRS 441.005(7).
(12) "Jail
administrator" means the official appointed by a regional jail authority and
charged with the responsibility of administering the regional jail.
(13) "Jail personnel" is defined by KRS 441.005(6).
(14) "Jailer" means:
(a) The official duly elected or appointed
pursuant to Section 99 or 152 of the Kentucky Constitution, charged with the
responsibility of administering the jail;
(b) The administrator or executive director
of a department as defined by KRS 67B.020(1);
(c) The administrator or director of a
correctional services division as described by KRS 67A.028; or
(d) The administrator of a regional jail as
defined by KRS 441.005(7).
(15) "KOMS" means Kentucky Offender
Management System.
(16) "Maximum
custody" means that the inmate meets the requirements for that classification
level established in the Department of Corrections Classification Manual,
incorporated by reference in 501 KAR 6:080.
(17) "Medium custody" means that the inmate
meets the requirements for that classification level established in the
Department of Corrections Classification Manual, incorporated by reference in
501 KAR 6:080.
(18) "Meritorious
good time" means a credit on an inmate's sentence pursuant to KRS 197.045(1)(b)2.
(19) "Minimum
custody" means that the inmate meets the requirements for that classification
level established in the Department of Corrections Classification Manual,
incorporated by reference in 501 KAR 6:080.
(20) "Qualified inmate" means an inmate that
may be housed in jails electing to house state inmates as described in KRS 532.100(5).
(21) "Statutory good
time" means a credit on an inmate's sentence pursuant to KRS 197.045(1)(b)1.
(22) "Waiver" means
that the department has granted the county an exemption from housing any Class
D or Class C felons in its jail pursuant to KRS 532.100.