Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
441.045,
441.047,
441.055
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
441.055(1) requires the
Department of Corrections to promulgate administrative regulations establishing
minimum standards for jails that house state prisoners. This administrative
regulation establishes procedures to ensure the protection of rights of prisoners in
those full-service jails.
Section 1. Policy
and Procedure.
(1) Each jail shall have a written
statement of prisoner rights that shall address:
(a) Access to court;
(b) Access to attorney;
(c) Mail;
(d) Telephone;
(e) Grievance procedure;
(f) Search and seizure;
(g) Disciplinary procedure;
(h) Racial segregation;
(i) Medical care;
(j) Mental health care, if available;
and
(k) Religion.
(2) The statement of prisoner rights shall be made
available to all inmates being assigned to general housing units. The prisoner
rights may be posted in a conspicuous place, provided in hard-copy format, or
provided through closed circuit television.
(3) The jailer, jail administrator, or jail
personnel shall not prohibit a prisoner's right of access to the judicial
process.
(4) The jailer, jail
administrator, or jail personnel shall ensure the right of a prisoner to have
confidential access to his attorney or authorized representative.
(a) To the extent available in the jail and
reasonable for use by an attorney, "confidential access" shall include a meeting
with counsel in a private room in the jail. The room may be used for purposes other
than attorney-client visits, but shall meet the conditions established in this
paragraph:
1. Jail employees and other prisoners
shall not enter the room during the attorney-client meeting, unless an emergency or
the security of the jail requires.
2.
The room should be located so that conversations in ordinary tones with the door
closed cannot be overheard by others outside the room.
3. If the room is located so that jail personnel
could not hear a call for aid from the room with the door closed, then the room
shall contain some other means to summon aid.
4. The room shall contain a desk or table and
seating for an attorney, an assistant, and a prisoner.
5. The room shall have a means to access
electricity suitable for plugging in a laptop or portable television, if the jail
allows these items to be brought into the jail by an attorney, for the purpose of
viewing discovery or other litigation materials. The jail may provide a laptop,
portable television, or other means for viewing discovery.
6. The attorney shall be permitted access to a
telephone, unless an emergency or the security of the jail requires otherwise. The
jail may provide a phone in the meeting room or in another location within the
jail.
(b) Prisoners shall not
be given access to cellular phones under any circumstances.
(c) Prisoners shall not be given access to a
laptop, except to the extent required to review litigation materials in the
immediate presence of an attorney or authorized representative, if the jail allows a
laptop to be brought in for this purpose.
(d) The jail shall address in its policy and
procedures manual the handling of legal mail sent or received by a prisoner. The
policy shall include provisions concerning the constitutional limits on reading
prisoner legal mail and opening and inspecting legal mail in the presence of the
inmate.
(e) The jail shall address in
its policy and procedures manual reasonable access for a prisoner to a telephone to
make collect calls to counsel. The policy shall include provisions for any required
actions by the prisoner or attorney to allow the telephone system to prevent
recording of the attorney-client call.
(5) The jailer or jail administrator shall have a
written policy and procedure that defines the jail's visitation rules, which shall
include the requirements established in this subsection.
(a) There shall be a schedule identifying no fewer
than two (2) visiting days each week, one (1) of which shall be during the
weekend.
(b) At least one (1) visit per
week per prisoner shall be allowed except if a prisoner is assessed a disciplinary
penalty for an infraction of rules governing visitation or the prisoner's current
institutional behavior presents an imminent danger or threat of danger to staff or
other prisoners.
(c) A visit shall not
be less than fifteen (15) minutes.
(d)
Two (2) or more persons permitted to visit at the same time shall count as a single
visit.
(e) Children, if accompanied by
an adult, shall be permitted to visit a prisoner.
(6) Attorneys, clergy, and health care staff shall
be permitted to visit a prisoner at reasonable hours, other than during regularly
scheduled visiting hours and shall not count as an allotted visit.
(7) Each visitor shall register before admission
and shall be denied admission for refusal to register, refusal to consent to search,
or for a violation of the visitation rules established pursuant to subsection (5) of
this section or established in subsection (6) of this section.
(8) A prisoner shall not be restricted in regard
to whom he may have as a visitor unless the jailer determines to exclude the visitor
on the basis of one (1) or more of the following conditions:
(a) The visitor:
1. Represents a clear and present danger to
security;
2. Has a past history of
disruptive conduct at the jail;
3. Is
under the influence of alcohol or drugs;
4. Refuses to submit to a search; or
5. Refuses to show proper identification;
or
(b) The prisoner refuses
the visit.
(9) Except for
visitors pursuant to subsection (6) of this section, the jail personnel may monitor
and record visitor and prisoner conversation for security reasons. Notification
shall be posted in a conspicuous location in the visiting areas.
Section 2. Mail.
(1) The jailer or jail administrator shall have
written policy and procedure for receiving and sending mail that:
(a) Protects prisoners' personal rights;
and
(b) Provides for security practices
consistent with the operation of the jail.
(2) A prisoner shall be allowed to correspond with
anyone if the correspondence does not violate state or federal law. Caution shall be
taken to protect prisoner rights in accordance with court decisions regarding
correspondence. A jailer or jail administrator may enact a policy prohibiting the
sending or receipt of prisoner-to-prisoner mail. The policy shall permit the jailer
or jail administrator discretion to grant the privilege.
(3) Incoming mail may be opened and inspected for
contraband prior to delivery. Mail received from the court, an attorney of record,
or a public official may be opened and inspected only in the presence of the
prisoner.
Section 3.
Telephone.
(1) A newly admitted prisoner shall be
permitted a reasonable number of local or collect long distance telephone calls to
an attorney of the prisoner's choice, or to a family member, as soon as practical,
generally within one (1) hour after arrival, until one (1) call has been
completed.
(2) The jailer, jail
administrator, or jail personnel shall maintain a log of telephone calls made by a
prisoner during the admission procedure unless those calls are made on a telephone
in the housing area. The log shall document the date, time, and party
contacted.
(3) Any prisoner admitted to
a facility for a temporary stay of forty-eight (48) hours or less before proceeding
or returning to another destination shall be considered in transit and therefore not
entitled to a phone call.
(4) Written
policy and procedure shall permit each prisoner to complete at least one (1)
telephone call each week. The expense incurred for a call shall be borne by the
prisoner or the party called.
(5) A
minimum of five (5) minutes shall be allotted for each phone call.
(6) If calls are monitored, the prisoner shall be
notified.
(7) Telephone privileges may
be suspended for a designated period of time if telephone rules are
violated.
Section 4.
Religion.
(1) A prisoner shall be granted the right
to practice his religion within limits necessary to maintain institution order and
security.
(2) Each prisoner shall be
afforded an opportunity to participate in religious services and receive religious
counseling within the jail.
(3) A
prisoner shall not be required to attend or participate in religious services or
discussions.
Section 5.
Access to Programs. The jailer, jail administrator, or jail personnel shall ensure
each prisoner equal access to programs and services, if the security and order of
the jail will not be jeopardized.
Section
6. Grievance Procedure. The jailer or jail administrator shall have a
written prisoner grievance procedure. The procedures shall include provisions for:
(1) A response to each written grievance within
ten (10) days;
(2) Equal access for each
prisoner;
(3) A guarantee against
reprisal; and
(4) Resolution of
legitimate complaints.
Section
7. Disciplinary Rights. Each jail shall have a written policy and
procedure for maintaining discipline, consistent with constitutional requirements
for due process.
Section 8. Medical.
Each prisoner shall be afforded access to necessary medical care.
STATUTORY AUTHORITY:
KRS
196.035,
197.020,
441.055