Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 441.045, 441.055
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(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 rights of prisoners in restricted custody
centers.
Section 1. Policy and
Procedure.
(1) Each center shall have a
written statement of prisoner rights which 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) Counseling, 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
statement of prisoner rights may be posted in a conspicuous place, provided in
hard-copy format, or provided through close-circuit cable television or another
electronic format.
(3) The jailer
shall not prohibit a prisoner's right of access to the judicial
process.
(4) The jailer shall
ensure the right of each prisoner to have confidential access to his attorney
and his authorized representative. Confidential prisoner access to the
prisoner's attorney through unmonitored phone lines in non-contact visitation
areas shall be permitted.
(5) The
jailer shall have a written policy and procedure that defines the center's
visitation rules, which shall include:
(a) 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 has been assessed a disciplinary
penalty for an infraction of rules governing visitation;
(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;
and
(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 and show proper photo identification 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 center;
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, 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 shall have a 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 center.
(2) A prisoner shall be allowed to correspond
with anyone if the correspondence does not violate any state or federal law.
Caution shall be taken to protect prisoner rights in accordance with court
decisions regarding correspondence. The jailer may enact a policy prohibiting
the sending or receipt of prisoner-to-prisoner mail. The policy shall permit
the jailer 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. After being opened and inspected in the presence of the
prisoner, mail received from the court, an attorney of record, or a public
official may be provided to the prisoner via an electronic copy through a
secure, personal account.
(4)
Measures to prevent receipt of prisoner mail containing intoxicants, including
fabricated legal mail shall be permitted.
Section 3. Telephone.
(1) 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.
(2) If calls are monitored,
the prisoner shall be notified.
(3)
Telephone privileges may be suspended for a designated period of time if
telephone rules are violated.
Section
4. Religion.
(1) Each prisoner
shall be:
(a) Granted the right to practice
his religion within limits necessary to maintain institutional order and
security; and
(b) Afforded an
opportunity to participate in religious services and receive religious
counseling within the center.
(2) A prisoner shall not be required to
attend or participate in any religious service or discussion.
Section 5. Access to Programs. The
jailer shall ensure each prisoner equal access to programs and services, if the
security and order of the center are not jeopardized.
Section 6. Grievance Procedure. The jailer
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 center 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,
441.055