Current through Register Vol. 50, No. 9, March 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 197.020 requires the Department of Correction to promulgate
administrative regulations that include a requirement of a physical barrier
between male and female prisoners. 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 security procedures to be followed in restricted custody
centers.
Section 1. Policy and
Procedure.
(1) Each jailer shall develop a
written policy and procedure governing the security aspects of the center's
operation.
(2) If requested in
writing, the department may provide technical assistance to the jailer 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) Movement of prisoners;
(h) Emergency situations;
(i) Center schedule; and
(j) Administering medication.
Section 2. Prisoner
Supervision.
(1) Jail personnel shall conduct
rounds of the center at least every sixty (60) minutes.
(2) 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
or his location accounted for. At least one (1) count shall be conducted per
shift.
(3) Males and females shall
be housed separately and be separated by a physical barrier.
Section 3. Security Procedures.
(1) Each jailer shall establish a procedure
for weekly inspection, for contraband and physical security, of each area
accessible to any prisoner.
(a) Isolated
security spot checks for contraband shall be conducted daily.
(b) The center rules, as specified in Section
1(3)(a) of this administrative regulation, shall contain a clear definition of
each item permitted in the center. All other items shall be considered
contraband.
(c) There shall be a
written procedure for reporting security irregularities and for confiscating
contraband.
(2) A
weapon, ammunition, chemical agent, related security equipment, or an object
which may be used as a weapon shall not be permitted in the security area
unless authorized by the jailer. A firearm shall not be permitted in the
security area unless authorized by the jailer, under emergency
circumstances.
(3) All weapons,
ammunition, chemical agents, or related security equipment, if not being
carried or used, as authorized by the jailer, 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 each quarter 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 not accessible
to prisoners.
(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
may be assigned the responsibility of providing prisoner services, including
providing meals under the direct supervision of jail personnel.
(8) A prisoner shall not be:
(a) Permitted to perform or assist in a
security duty; or
(b) Assigned to a
position of authority over another prisoner.
(9) A prisoner and his belongings shall be
searched, in accordance with the requirements established in 501 KAR 7:120, if
entering the security perimeter.
(10) Written procedures shall be developed
for transporting a prisoner outside the center.
(11) Each center shall have key control
procedures.
Section 4.
Daily Center Log; Special Reports. A daily center log shall be kept current and
shall reflect significant occurrences within the center. 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:
(a) Fire;
(b) Assault;
(c) Suicide or attempted suicide that
constitutes a serious health situation; or
(d) Escape or attempted escape;
(6) Prisoner vandalism;
(a) Destruction of center property;
or
(b) Flooding of plumbing
fixtures;
(7) Jail
personnel roster for each shift;
(8) Visitors' log; or
(9) Fire emergency planning sessions,
pursuant to 501 KAR 7:070, Section 1(1).
