Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
211.920,
211.925,
211.935,
217.015(20)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to protect, develop, and maintain the health, personal dignity,
integrity, and sufficiency of the individual citizens of the Commonwealth and
necessary to operate the programs and fulfill the responsibilities vested in
the cabinet.
KRS
211.925 authorizes the cabinet to promulgate
administrative regulations and standards relating to the public health or
health aspects of the operation of state confinement facilities. This
administrative regulation establishes uniform standards of institutional
sanitation to safeguard the health of persons confined in state confinement
facilities, by providing for the opportunity to pursue adequate personal
hygiene for health maintenance, control of the incidence and spread of disease,
and maintenance of sanitary living conditions.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
211.920(1).
(2) "Cell" means a room designated to provide
sleeping and personal storage facilities for no more than two (2)
inmates.
(3) "Confinement housing
unit" means a residential structure that:
(a)
Is intended for occupancy by inmates of a state confinement facility;
and
(b) May include:
1. Wings, levels, or sections containing
inmate living areas; and
2.
Facilities for:
a. Food preparation, service,
and dining;
b. Medical
treatment;
c. Physical
exercise;
d. Education;
e. Visitation;
f. Storage; or
g. Other functions necessary for the
operation and maintenance of the unit.
(4) "Dormitory" means a room designated to
provide sleeping and personal storage facilities for three (3) or more
inmates.
(5) "Inmate" means any
person confined or assigned to residence in a state confinement
facility.
(6) "Inmate space" means
the living area, as measured in gross square feet of floor space, required for
each inmate within a confinement housing unit.
(7) "Living area" means the cell or dormitory
to which an inmate is assigned for housing, and includes common areas, personal
hygiene facilities, and other areas within a confinement housing unit that are
normally accessible to an inmate on a daily basis.
(8) "Personal hygiene facility" means a room
or rooms that contain sanitary fixtures such as lavatories, water closets,
showers or bathtubs, and other necessary appurtenances for maintaining inmate
personal hygiene.
(9) "Tempered
water" means a water temperature of at least ninety (90) degrees Fahrenheit to
a maximum temperature of 110 degrees Fahrenheit.
Section 2. Sanitary Facilities and Controls.
(1)
(a) The
water supply shall be potable, adequate, and from an approved public supply of
a municipality or water district, if available.
(b) If not available, the supply shall be
developed and approved pursuant to applicable requirements of 401 KAR Chapter
8.
(c) If a public water supply
subsequently becomes available, connections shall be made to this supply, and
the state confinement facility's supply shall be discontinued.
(2)
(a) All sewage and liquid waste matter shall
be disposed of into a public sewer system, if available.
(b) If a public sewer system is not
available, disposal shall be made into a private sewage disposal system
designed, constructed, and operated pursuant to
902 KAR
10:085.
(c) If an adequate public sewer system
subsequently becomes available, connections shall be made to this system, and
the state confinement facility's sewage disposal system shall be
discontinued.
(3) A
drinking fountain or a potable water service fixture with individual single
service drinking cups shall be accessible to inmates in their living area
pursuant to the requirements of 815 KAR Chapter 20. The use of a common
drinking vessel shall be prohibited.
(4) Each confinement housing unit shall
include personal hygiene facilities within the unit that contain sanitary
fixtures meeting the requirements of 815 KAR Chapter 20 as to design, fixture
type, and numbers of fixtures.
(5)
All personal hygiene facilities shall be designed and constructed pursuant to
the requirements of
815 KAR
7:120. All walls, floors, ceilings, partitions,
sanitary fixtures, and appurtenances shall be maintained in a sanitary
condition and in good repair.
(6)
An adequate supply of clean washcloths, towels, and clothing, and toilet
tissue, soap, and similar personal hygiene articles shall be issued to each
inmate as necessary to maintain hygiene.
(7) Hot and cold or tempered water shall be
supplied to all lavatories, showers, and bathtubs, and all hot or tempered
water supply lines to the fixtures shall be protected by temperature and
pressure control devices approved for use by 815 KAR Chapter 20 to prevent
scalding.
(8) All plumbing shall
comply with 815 KAR Chapter 20.
(9)
All refuse shall be:
(a) Kept in containers
that are:
1. Leak-proof;
2. Non-absorbent;
3. Flame-retardant; and
4. Routinely cleaned; and
(b) Removed from confinement
housing units on a daily basis and be disposed of at least weekly or more often
if necessary in accordance with 401 KAR Chapter 30.
Section 3. Facilities and
Equipment.
(1) Each confinement housing unit
shall provide a minimum inmate space of sixty (60) square feet for each inmate
housed within that unit.
(2) Each
cell and dormitory shall:
(a) Have at least
eight (8) foot ceilings;
(b)
Contain a bed for each inmate; and
(c) Provide facilities for storage of
inmates' personal belongings, including clothing and towels.
(3) All floors, walls, ceilings,
and equipment of confinement housing units shall be constructed pursuant to
815 KAR
7:120. All parts of the confinement housing unit and
its premises shall be kept in good repair, clean, neat, and free of
refuse.
Section 4.
Lighting. Each confinement housing unit shall be provided with natural or
artificial light sufficient to provide twenty (20) foot candles of light for
reading purposes, to permit observation, and for proper cleaning and
maintenance. All light fixtures shall be kept in good repair and
clean.
Section 5. Heating, Cooling
and Ventilation.
(1) All confinement housing
units shall be provided with heating, cooling, and ventilation equipment as
required by
815 KAR
7:120.
(2)
Ventilation, through natural or mechanical means, shall be sufficient to
provide fresh air and remove disagreeable odors.
Section 6. Vermin Control.
(1) Effective measures to control the
presence of rodents, flies, roaches, and other vermin on the premises shall be
utilized. The premises shall be kept in a condition as to prevent the harborage
or breeding of vermin.
(2) Openings
to the outside shall be protected against the entrance of rodents, insects, and
other vermin by tight-fitting, self-closing doors, closed windows, screening,
or controlled air currents. Screening material shall not be less than sixteen
(16) mesh to one (1) inch.
Section
7. Bedding.
(1) As a minimum,
each inmate in a state confinement facility shall be provided with:
(a) An approved flame-retardant and
water-repellent mattress and pillow;
(b) A pillowcase;
(c) A sheet or cloth mattress cover;
and
(d) A blanket.
(2) If, in the sound discretion of
the appropriate person in charge of the state confinement facility, any items
listed in this section would constitute a danger or hazard to the inmate
confined due to a behavior or mental condition, the items may be
withheld.
(3) Mattresses, pillows,
blankets, sheets, pillowcases, and mattress covers shall be kept in good repair
and clean.
(4) Sheets, pillow
cases, and mattress covers, if used without sheets, shall be changed and
laundered at least weekly and before being issued to another inmate.
Section 8. Exercise. Adequate
space shall be provided within the state confinement facility to allow all
inmates an opportunity to obtain physical exercise.
Section 9. Medical Examination Room. Adequate
space shall be provided within the state confinement facility to allow for
medical examination of inmates.
Section
10. Food Service. All state confinement facilities shall comply
with the food service provisions of
902 KAR
45:005. If food for inmates is not prepared by the
state confinement facility, food shall be obtained from a commercial food
service establishment holding a valid permit from the cabinet.
Section 11. Food Manufacturing. All food
manufacturing and processing conducted at state confinement facilities shall be
operated pursuant to
902
KAR 45:160.
Section
12. Existing Facilities and Equipment. Facilities and equipment
being used by existing state confinement facilities, which do not fully meet
the design and construction requirements of this administrative regulation, may
be continued in use, if the facility or equipment:
(1) Is in good repair;
(2) Is capable of being maintained in a
sanitary condition; and
(3) Does
not create a health hazard.
Section
13. Plan Review of Construction. Plans for alteration or new
construction of state confinement facilities shall be submitted to the
appropriate agencies for approval.
Section
14. Inspection of State Confinement Facilities.
(1) At least once each six (6) months, the
cabinet shall inspect each state confinement facility and shall make as many
additional inspections and reinspections as are necessary for carrying out the
provisions of this administrative regulation.
(2) When an agent of the cabinet makes an
inspection of a state confinement facility, the findings shall be recorded on
the DFS-316, Confinement Facility Inspection Report, and a copy shall be
provided to the warden or superintendent. If a deficiency is found, the
inspection report shall:
(a) Set forth the
specific deficiencies found;
(b)
Identify any variances previously granted;
(c) Establish a specific and reasonable
period of time for the correction of the deficiency found; and
(d) State that failure to comply with any
notice issued pursuant to the provisions of this administrative regulation may
result in the initiation of legal action.
Section 15. Enforcement Hearings. For
purposes of enforcement, if the warden or superintendent has failed to comply
with any written notice or order issued under the provisions of this
administrative regulation, they shall be notified in writing that legal action
may be instituted against the state confinement facility in accordance with
KRS
211.935.
Section 16. Variance Hearings.
(1) A warden or superintendent of a state
confinement facility may request in writing that the cabinet consider granting
a variance to any provision of this administrative regulation.
(2) A written request for a variance shall
include all pertinent information about the facility, the specific provision of
the administrative regulation affected, the specific reason for the request,
and evidence in support of the request.
(3) Upon receipt of a request for a variance,
the cabinet shall review the request and establish a date, time, and location
for the convening of an administrative hearing.
(4) The requesting authority shall be
notified of the date, time, and location of the hearing within ten (10) working
days of the receipt of the request, and at least five (5) working days prior to
the date of the hearing.
(5) The
hearing officer shall recommend that the variance be granted or denied, and may
recommend that legal action be pursued.
(6) A variance shall only be granted upon
written determination that the variance will not endanger the health of those
confined in the facility or the public health. Any variance so granted may be
with or without stipulations or restrictions.
Section 17. Incorporation by Reference.
(1) DFS-316, Confinement Facility Inspection
Report, 10/18, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Environmental Management
Branch, Division of Public Health Protection and Safety, Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.925
