441.055 Regulation of jails -- Adoption and revision of standards -- Classification
663 words·~3 min read·
/ky/441-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of jails.
(1)The Department of Corrections shall for those counties which elect to house state
prisoners in their jail:
(a)1. Adopt the recommendations of the Jail Standards Commission created
pursuant to Executive Order Number 81-1026 and promulgate
regulations pursuant to KRS Chapter 13A establishing minimum
standards for jails. These standards shall include but not be limited to
rules governing the following areas:
a. Health and safety conditions;
b. Fire safety;
c. Jail operations, recordkeeping, and administration;
d. Curriculum of basic and continuing annual training for jailers and
jail personnel;
e. Custody, care, and treatment of prisoners;
f. Medical care; and
g. Jail equipment, renovation, and construction.
2. These minimum standards shall specifically allow for:
a. i. Provision of required documents to prisoners through
electronic format;
ii. Confidential prisoner access to attorneys through
unmonitored phone lines in non-contact visitation areas;
iii. Measures to prevent receipt of prisoner mail containing
intoxicants, including in fabricated legal mail; and
iv. Delivery of mail received from the court, an attorney of
record, or a public official to the prisoner via an electronic
copy provided on a secure, personal account after opened
and inspected in the presence of the prisoner; and
b. The appointment or employment of persons who have attained the
age of eighteen
(18)years or older who are otherwise qualified to
serve in the position in which they are appointed or employed to
work inside the secure perimeter of the jail; however, no person
under the age of twenty-one
(21)years shall be employed as a
deputy jailer, possess or exercise peace officer powers, or function
in a role similar to that of a deputy jailer, nor shall an individual
under the age of twenty-one
(21)years be employed in a position
that involves supervision over inmates or persons yet to be booked
into the jail. Persons who are under the age of twenty-one
years shall have a high school diploma or a High School
Equivalency Diploma;
(b)Develop a jail standards review process, which shall include the participation
of persons knowledgeable of jail operations to review and amend the
standards as necessary. The jail standards shall be reviewed no later than
December 31, 1992, and at least every two
(2)years thereafter. Fifty percent
(50%) of the participants in the review process shall be appointed from
persons representing county interests and fifty percent (50%) shall be
appointed from persons representing state interests; and
(c)Provide technical assistance and consultation to local governments in order to
facilitate compliance with standards.
(2)The department shall, for those counties that elect not to hold state prisoners in their
jails, adopt the recommendations of the Jail Standards Commission and promulgate
administrative regulations pursuant to KRS Chapter 13A to establish minimum
standards for those jails. These standards shall be limited to health and life safety
and shall permit persons who have attained the age of eighteen
(18)years or older
who are otherwise qualified to serve in the position in which they are appointed or
employed to work inside the secure perimeter of the jail; however, no person under
the age of twenty-one
(21)years shall be employed as a deputy jailer, possess or
exercise peace officer powers, or function in a role equal to that of a deputy jailer,
nor shall an individual under the age of twenty-one
(21)years be employed in a
position that involves supervision over inmates or persons yet to be booked into the
jail. Persons who are under the age of twenty-one
(21)years shall have a high
school diploma or a High School Equivalency Diploma.
(3)All minimum standards promulgated by the department applying to jails shall
include requirements for adequate nutrition for pregnant prisoners, an adequate
number of hygiene products for female prisoners, and an appropriate number of
undergarments for female prisoners.
(4)The department may establish classifications of jails based on the maximum
permissible period of incarceration or other criteria and promulgate standards for
each class of jail.