441.075 Violation of regulations -- Orders and sanctions -- Procedures for orders.
437 words·~2 min read·
/ky/chapter-441/441-075A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If the department finds that a violation of its regulations, or the laws or other state
regulations pertaining to the protection of persons and property, exists in any jail
which holds state prisoners, the commissioner of the department, or his or her
designee, shall order that the violation be corrected immediately. In order to enforce
an order made pursuant to this subsection, the commissioner may order the jail to
cease housing state prisoners.
(2)If the department finds a violation of the health and life safety regulations in KRS
441.055 pertaining to the protection of persons or property, exists in any jail, the
commissioner of the department, or his or her designee, shall order that the
violations be corrected immediately. In order to enforce an order made pursuant to
this subsection, the commissioner may order the jail closed until the violations are
corrected.
(3)No jail that was ordered by the Department of Corrections prior to July 15, 1996, to
be closed or to operate other than as a full-service facility shall operate as a full-
service facility to hold state prisoners unless it is granted a certificate of occupancy
by the Department of Corrections. In order to enforce an order made pursuant to
subsection
(1)of this section, the commissioner may:
(a)Order the jail or portions thereof to be vacated and closed until the violation is
eliminated.
(b)Order the jail to cease to house certain classes of prisoners or limit the length
of time prisoners or certain classes of prisoners may be housed in the jail.
(c)Order the state contribution made pursuant to KRS 441.206 to be used, in
whole or in part, to contract with another county for the incarceration of
prisoners.
(4)An order issued under this section shall be in writing, incorporating the findings of
the department and other agencies, if appropriate, and shall be delivered,
electronically mailed, or mailed by certified mail, return receipt requested, to the
county jailer and county judge/executive within twenty-four
(24)hours of the
issuance of the order. The county jailer or county judge/executive may, within
seventy-two
(72)hours of receipt of the notification, request in writing a public
hearing before the commissioner of the department or his or her designee on the
matters covered by the order. Upon the hearing, the commissioner of the department
or his or her designee may administer oaths and may issue subpoenas for the
attendance of witnesses and the production of relevant books and papers. The
commissioner of the department or his or her designee may issue, modify, or repeal
the order at the conclusion of the hearing.