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Kentucky Revised Statutes Title XL. Crimes and Punishments § 441.055.Regulation of jails; adoption and revision of standards; classification of jails

Current as of January 01, 2025 | Updated by Findlaw Staff

(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 (21) 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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XL. Crimes and Punishments § 441.055.Regulation of jails; adoption and revision of standards; classification of jails - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xl-crimes-and-punishments/ky-rev-st-sect-441-055/

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