Current through Register Vol. 51, No. 6, December 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: 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. KRS 441.055 requires the Department of Corrections to promulgate
administrative regulations establishing minimum standards for jails that house
state prisoners. KRS 196.173 limits restraint situations for pregnant
prisoners. This administrative regulation establishes security procedures to be
followed in full-service jails.
Section
1. Policy and Procedure.
(1) The
jailer or jail administrator shall develop a written policy and procedure
governing the security aspects of the jail's operation.
(2) If requested in writing, the department
shall provide technical assistance to the jailer or jail administrator in
formulating written policy and procedure.
(3) The policies and procedures shall
include:
(c) Searches of prisoner and of secure
areas;
(e) Key and weapon control;
(f) Prisoner head counts;
(h) Emergency situations;
(j) Administering medication.
Section 2. Prisoner
Supervision.
(1) Jail personnel shall conduct
and document direct in-person surveillance of each prisoner on an irregular
schedule, at least every sixty (60) minutes.
(2) Jail personnel shall conduct and document
direct in-person surveillance on an irregular schedule, at least every twenty
(20) minutes on the following classes of prisoners:
(b) Mentally or emotionally disturbed, if
housed in a single cell; or
(3) If
available, closed-circuit television shall be used primarily to monitor
hallways, stairwells, sally ports, perimeter security, points of egress, common
areas, and support areas.
(4) There
shall be at least three (3) documented prisoner counts every twenty-four (24)
hours during which each prisoner's physical presence, by show of skin or by
movement, shall be observed. At least one (1) count shall be conducted per
shift.
Section 3.
Security Procedures.
(1) Each jailer or jail
administrator shall establish a procedure for weekly inspection, for contraband
and physical security, of each area accessible to a prisoner.
(a) Isolated security spot checks for
contraband shall be conducted daily.
(b) The prisoner rules, as specified in
Section 1(3)(a) of this administrative regulation, shall contain a clear
definition of each item permitted in the jail. All other items shall be
considered contraband.
(c) There
shall be a written procedure for reporting security irregularities.
(2) A weapon, ammunition, chemical
agent, related security equipment, or object which may be used as a weapon
shall not be permitted in the security area unless authorized by the jailer or
jail administrator. Firearms shall not be permitted in the security area unless
authorized by the jailer or jail administrator, under emergency
circumstances.
(3) If a weapon,
ammunition, chemical agent, or related security equipment is not being carried
or used, as authorized by the jailer or jail administrator, it shall be stored
in an arsenal, vault, or other secure room under lock.
(a) The weapons storage area shall be
inaccessible to unauthorized persons.
(b) There shall be a written procedure for
issuing and accounting for all weapons.
(4) Security devices and safety equipment
shall be inspected monthly to ensure they are maintained in proper working
order.
(5) Tools and toxic,
corrosive, or flammable substances, and other potentially dangerous supplies
and equipment shall be stored in a secure, locked area located outside the
security perimeter of the confinement area.
(6) A prisoner shall not use hazardous tools,
supplies, or equipment unless the prisoner is under the direct supervision of
jail personnel, and shall be provided with proper safety equipment.
(7) A prisoner:
(a) May be assigned the responsibility of
providing prisoner services, including providing meals, under the direct
supervision of jail personnel; and
(b) Shall not be assigned to a position of
authority over another prisoner.
(8) A prisoner shall not be permitted to
perform or assist in a security duty.
(9) A jail with a work release or community
service program shall establish special control procedures to minimize contact
between a prisoner with work release privileges and another prisoner.
(10) A prisoner shall be searched, in
accordance with the requirements established in 501 KAR 3:120, if entering or
leaving the security perimeter.
(11) Written procedures shall be developed
for transporting a prisoner outside the jail and shall identify training
required before jail personnel are permitted to transport any
prisoner.
(12) Each jailer or jail
administrator shall develop written policies and procedures governing the use
of physical restraints. Written policies and procedures shall include
provisions for inmates known to be pregnant, in accordance and compliance with
KRS 196.173.
(13) A prisoner placed
in physical restraints shall be constantly monitored.
(14) The jail shall have key-control
procedures as established in this subsection.
(a) A key control center shall be secure and
inaccessible to an unauthorized person at all times.
(b) There shall be an accounting procedure
for issuing and returning keys.
(c)
There shall be a procedure for immediate reporting and repairing of a broken or
malfunctioning key or lock;
(d) A
set of duplicate keys shall be maintained in a separate, secure
place.
(e) A prisoner shall not be
permitted to handle a key used to operate a jail security lock.
(f) A key operating a lock to an outside door
or gate shall not be permitted in the security area.
(g) An emergency key or any key to a critical
security area shall be issued in accordance with written procedures established
by the jailer or jail administrator.
(h) Precautions similar to those outlined in
paragraphs (a) through (g) of this subsection shall be taken to ensure the
security of nonkey operated locking devices including electrical switches or
levers.
(i) A lock to an outside
exit shall be keyed differently from an interior lock.
(j) The lock to the control room shall be
keyed differently from all other locks.
(15) Trustees.
(a) A trustee shall not have access to, or
control of, a weapon.
(b) An
unsupervised trustee shall not be permitted in either a program, support, or
housing area with a prisoner of the opposite sex.
(c) A trustee shall not be permitted in
either a program, support, or housing area with a juvenile inmate.
Section 4. Daily Jail
Log; Special Reports. A daily jail log shall be kept current and shall reflect
significant occurrences within the jail. Special reports shall include:
(3) Medical or mental health
treatment;
(4) Feeding schedule and
menus;
(5) Extraordinary
occurrences, including:
(c) Suicide or attempted suicide;
and
(d) Escape or attempted
escape;
(6) Inmate
vandalism, including:
(a) Destruction of jail
property; and
(b) Flooding of
plumbing fixtures;
(7)
Jail personnel roster for each shift; and