Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:200 - Physical plant
Universal Citation: 505 KY Admin Regs Service 2:200
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210-15A.240, 28 C.F.R. 31.303
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities, including the physical plant. This administrative regulation governs the physical plants at juvenile detention centers and juvenile holding facilities.
Section 1.
(1) The facility shall conform to all
applicable zoning ordinances or, through legal means, attempt to comply with or
change the laws, codes or zoning ordinances.
(2) The facility shall conform to all
applicable state building codes.
(3) If the facility is on the grounds of any
other type of corrections facility, federal and state regulations requiring
sight and sound separation from adults shall be maintained.
(4) A juvenile detention facility shall be
primarily designed for single cell sleeping areas; multiple-occupancy dorms or
double-occupancy cells shall not exceed twenty (20) percent of the bed capacity
of the facility.
(5) If the
population of a county-operated facility exceeds the rated capacity, the chief
district judge, the district judge with jurisdiction for the juvenile matters,
the county judge executive and the Department of Juvenile Justice shall be
notified by the facility administrator.
(6) The facility shall be utilized so that
juveniles can be grouped in accordance with a classification plan.
(7) If seriously ill, mentally disordered,
injured or nonambulatory juveniles are held in the facility, there shall be at
least one (1) single-occupancy cell or room for them that provides for
continuing staff observation.
(8)
The facility shall have exits that are properly positioned, clear, and
distinctly and permanently marked in order to ensure the timely evacuation of
juveniles and staff in the event of fire or other emergency. All housing areas,
and places of assembly for fifty (50) or more persons, shall have two (2)
exits.
(9) The facility perimeter
shall be secured in a way that juveniles remain within the perimeter and that
access by the general public is denied without proper authorization.
(10) Facilities in operation before July 1,
1987 shall be operated with day rooms of no more than twenty-five (25)
juveniles each.
(11) The facility
shall have living units of no more than twenty-five (25) juveniles.
(12) All housing areas shall provide for, at
a minimum:
(a) Lighting as determined by the
tasks to be preformed;
(b) Toilets
at a minimum ratio of one (1) for every twelve (12) juveniles in male
facilities and one (1) for every eight (8) juveniles in female facilities.
Urinals may be substituted for up to one-half (1/2) of the toilets in male
facilities. Wash basins shall be provided at a minimum ratio of one (1) basin
for every twelve (12) occupants;
(c) Showers accessible to
juveniles;
(d) A heating and
ventilation and acoustical system to ensure healthful and comfortable living
and working conditions for juveniles and staff; and
(e) Access to a drinking fountain.
(13) If the facility houses male
and female juveniles, space shall be provided for cocorrectional
activities.
(14) Space shall be
provided for the secure storage of chemical agents, restraining devices and
related security equipment, and the equipment shall be located in an area that
is readily accessible to authorized persons.
(15) Water for showers shall be
temperature-controlled.
(16) Single
sleeping rooms shall have at least seventy (70) square feet of floor space and
juveniles shall be provided activities and services outside their rooms at
least twelve (12) hours a day.
(17)
All sleeping rooms in detention facilities shall have, at a minimum:
(a) Access to the following approved penal
sanitation facilities:
1. Toilet above floor
level which is available for use without staff assistance twenty-four (24)
hours a day;
2. Wash basin and
drinking water;
3. Hot and cold
running water;
(b) An
approved penal bed above floor level and storage space; and
(c) Natural light. Facilities existing and
operating on July 1, 1987 shall be exempt from the requirement that each
sleeping room have natural light.
(18) At least thirty-five (35) square feet of
floor space per juvenile shall be provided in the day room on each living
unit.
(19) Male and female
juveniles shall not occupy the same sleeping room.
(20) Ventilation shall be available in the
event of a power failure.
(21) The
total indoor activity areas outside the sleeping area shall provide space of at
least 100 square feet per juvenile.
(22) There shall be at least fifteen (15)
square feet of floor space per person for those occupying the dining room or
dining area. Meals may be served outside the cells or sleeping areas.
(23) If the facility provides food service,
the kitchen shall have at least 200 square feet of floor space.
(24) School classrooms shall be designed in
conformity with local or state educational requirements except that all
juvenile detention facilities shall be exempt from the requirement to have
operable windows for rescue and ventilation.
(25) There shall be a visiting area that
allows for privacy during visits.
(26) There shall be a well-drained outdoor
recreation area for all new, renovated and existing facilities.
(27) Space shall be available for religious
services.
(28) The facility shall
have a central medical room with medical examination facilities.
(29) If there is a confinement room separate
from the living unit, it shall be equipped with plumbing and security
furniture.
(30) There shall be
interview space available in or near the living unit.
(31) The office in each housing unit shall
have a telephone and enable supervision of the general living area; it shall be
used for communications, staff conferences and storage of unit
records.
(32) There shall be secure
storage space provided for storage of juveniles' property and personal
belongings.
(33) There shall be
storage rooms for clothing, bedding and facility supplies.
(34) Closets for storage of cleaning supplies
and equipment shall be located in each principal area and shall be well
ventilated.
(35) Separate and
adequate space shall be provided for mechanical equipment
(36) There shall be a written plan for
preventive maintenance of the physical plant with provisions for emergency
repairs or replacement of equipment. This plan shall be reviewed annually and
updated if needed.
(37) There shall
be documentation by an independent, qualified source that the interior
finishing material in juvenile areas, exit areas and places of public assembly
are in accordance with recognized national fire safety codes.
(38) The facility shall issue and enforce
written policy and procedure providing that a new detention facility shall be
built or the existing facility expanded after a needs evaluation study has been
prepared by the agency in conjunction with the juvenile court and the
Department of Juvenile Justice.
(39) Prior to plans development for
newly-planned facilities, a written program philosophy shall be developed for
the facility, which includes:
(a) Statement of
general goals and purposes of the facility;
(b) Description of the facility, including
statutory authority and services to be provided.
(c) Analysis of projected workload, staffing,
programs and operating and capital budgets;
(d) Assessment of the impact of the facility
on overall operation of the parent agency;
(e) Justification for the facility;
(f) Analysis of alternative means for
achieving the same goals;
(g)
Description of space requirements;
(h) Outline of budget and time restrictions;
and
(i) Study of alternate ways of
satisfying space requirements, including leasing, renovation and new
construction.
(40) Each
living unit shall be designed so that individual rooms, day rooms and program
staff offices are in close proximity to juveniles for purposes of communication
and interaction.
(41) Disabled
juveniles shall be housed in a manner that provides for their safety and
security. Cells or housing units used by them shall be designed for their use,
and provide the maximum possible integration with the general population.
Appropriate institution programs and activities shall be accessible to disabled
juveniles confined in the facility.
(42) All parts of the facility that are
accessible to the public shall be accessible to and usable by disabled staff
and visitors.
(43) There shall be a
day room for each housing unit or detention room cluster. The room shall have a
minimum of thirty-five (35) square feet of floor space per juvenile for the
maximum number using the day room at one (1) time and shall be separate and
distinct from the sleeping area, which is immediately adjacent and
accessible.
STATUTORY AUTHORITY: KRS 15A.210(5)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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