Kentucky Administrative Regulations
Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS
Chapter 2 - Class D and Class C Felons
Section 501 KAR 2:040 - Waivers
Universal Citation: 501 KY Admin Regs Service 2:040
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 532.100(4) requires the Department of Corrections to grant a waiver to any county that chooses not to house Class D and Class C felons in its county jail. This administrative regulation establishes the process for a county to request a waiver from the department and the effect of the waiver on that county's Class D and Class C felons.
Section 1. Request for Waivers; Effect of Waivers.
(1) The waiver request shall be made in writing
and signed by the county judge executive and jailer.
(2) Once granted, the wavier shall remain in
effect until terminated. To request termination of the waiver, the county shall
provide the department a request in writing, and signed by the county judge
executive and jailer, to terminate the waiver. The department shall provide notice
to the county when the waiver is terminated.
Section 2. Controlled Intake.
(1) For a Class D or Class C felon in a county
with a waiver, the department:
(a) May transfer
the felon directly to a county jail which houses Class D or Class C felons, if space
is available; or
(b) Shall consider the
felon, if not transferred directly, a controlled intake inmate and process the
inmate through the AC Center pursuant to CPP 17.3, incorporated by reference in
501 KAR
6:020.
(2) A computer listing shall be maintained at the
AC Center of all Class D and Class C felons convicted in counties granted
waivers.
(3) For a Class D or Class C
felon considered a controlled intake inmate, the Classification Branch Manager shall
transfer the felon to a county jail if a jail bed becomes available.
STATUTORY AUTHORITY: KRS 196.035, 197.020(1), 532.100(4)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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