Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 439.179, 441.055, 441.125, 532.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
secretary to promulgate administrative regulations he or she deems necessary or
suitable for the proper administration of the functions of the cabinet or any
division in the cabinet, including qualification for the receipt of federal
funds and for cooperation with other state and federal agencies. KRS 532.100(5) (d) requires the Department of Corrections to promulgate administrative
regulations establishing required programs for a jail that houses state inmates
under KRS 532.100(5). 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
procedures for prisoner programs and services in those jails.
Section 1. Work Programs.
(1) Written policy and procedure shall
provide that prisoner programs and services shall be available and include
social services, religious services, recreation and leisure time activities,
and library services.
(2) Sentenced
prisoners who perform work as authorized by KRS 441.125 may receive rewards in
the form of sentence reductions or other privileges, if granted by the proper
authority.
(3) Written policy and
procedure shall provide that unsentenced prisoners shall not be required to
work except to do personal housekeeping.
Section 2. Education Programs.
(1) The jail shall develop a policy and
procedure that encourages the implementation of education programs in the jail.
The use of community resources in these efforts shall also be encouraged to
offset the costs of the programs.
(2) Education programs may be made available
in accordance with KRS 439.179.
(3)
State prisoners shall be provided the opportunity to attend adult basic
education programs or to pursue a general educational development (GED)
diploma.
Section 3.
Library Services. If resources are available in the community, library services
may be made available to all prisoners.
Section
4. Religious Programs.
(1)
Written policy and procedure shall ensure the constitutional rights of
prisoners to voluntarily practice their own religious activities, subject to
those limitations necessary to maintain the order and security of the
jail.
(2) The jailer or designee
shall ensure that an inmate has the opportunity to participate in practices of
his religious faith in accordance with the Religion Reference Manual
incorporated by reference in 501 KAR 6:080. For specific situations not
addressed in the Religion Reference Manual, the jailer or designee may refer to
department Policy and Procedure 23.1 incorporated by reference in 501 KAR 6:020.
(3) Inmate responsibilities.
(a) Upon entry into the correctional system,
an inmate's religious preference shall be recorded on the inmate I.D.
form.
(b) After three (3) months,
an inmate may change his religious preference by contacting the jailer or
designee.
(c) It shall be the
inmate's responsibility to seek a job or program assignment that does not
conflict with his religious beliefs and practices.
Section 5. Recreation Programs.
(1) Written policy and procedure shall
provide all prisoners with the opportunity to participate in at least one (1)
hour of physical exercise per day with at least three (3) exercise periods per
week outside the cell. There shall be available one (1) hour of outdoor
recreation two (2) times per week if weather permits. Prisoners who pose a
threat to the safety and security of the jail shall be denied outdoor
recreation.
(2) Leisure time and
recreation programs shall be scheduled to permit prisoners to participate in
board games, arts and crafts, radio and television, or other activities
designed to relieve idleness and boredom.
Section 6. Programs for State Prisoners.
(1) State prisoners may be provided the
opportunity to participate in work programs in accordance with KRS 441.125.
(2) Substance abuse
programs. State prisoners shall be provided the opportunity to participate in
self-help substance abuse programs offered within the jail. State prisoners who
apply for treatment and are accepted by the Division of Addiction Services,
shall be allowed to participate in the substance abuse program (SAP), if space
is available or may be housed in jails offering the program, if space is
available.
(3) Evidence based
programs. Eligible state prisoners may be provided the opportunity to
participate in evidence based programming offered within the jail with the
approval of department staff. State prisoners who complete evidence based
programming may be eligible to receive program completion credit, in accordance
with CPP 15.4 incorporated by reference in 501 KAR 6:020.
Section 7. Required Documents. The jail may
provide required documents to prisoners in an electronic format.
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055,
532.100(5)(d)
