Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
441.055 requires the Department of Corrections to
promulgate administrative regulations establishing minimum standards for jails that
house state 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:
(a) Prisoner
rules;
(b) Staffing;
(c) Searches of prisoner and of secure
areas;
(d) Visitation;
(e) Key and weapon control;
(f) Prisoner head counts;
(g) Surveillance checks;
(h) Emergency situations;
(i) Jail schedule; and
(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:
(a) Suicidal;
(b) Mentally or emotionally disturbed, if housed
in a single cell; or
(c) In detox
cell.
(3) If available,
closed-circuit television shall be used primarily to monitor hallways, stairwells,
sally ports, perimeter security, points of egress, and common 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, 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 use hazardous tools, supplies, or equipment only under the direct supervision
of jail personnel.
(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 guidelines 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.
(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:
(1) Use of force;
(2) Disciplinary action;
(3) Medical or mental health treatment;
(4) Feeding schedule and menus;
(5) Extraordinary occurrences, including:
(a) Fire;
(b) Assault;
(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
(8) Visitor's log.