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441.055 Regulation of jails -- Adoption and revision of standards.
(1)
(2)
(3)
The Department of Corrections shall for those counties which elect to house
state prisoners in their jail:
(a) 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:
1.
Health and safety conditions;
2.
Fire safety;
3.
Jail operations, recordkeeping, and administration;
4.
Curriculum of basic and continuing annual training for jailers and jail
personnel, including training relating to juvenile holding facilities;
5.
Custody, care, and treatment of prisoners;
6.
Medical care; and
7.
Jail equipment, renovation, and construction;
(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.
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.
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.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 102, sec. 1, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 108, sec. 3, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 211, sec. 114, effective July 14, 1992; and ch. 262, sec. 1,
effective July 14, 1992. -- Created 1982 Ky. Acts ch. 385, sec. 6, effective July
1, 1982.
Formerly codified as KRS 441.011.
Legislative Research Commission Note (7/14/92). This section was amended by
two 1992 Acts. Where those Acts are not in conflict, they have been compiled
together. Where a conflict exists, the Act which was last enacted by the General
Assembly prevails, pursuant to KRS 446.250.
Legislative Research Commission Note (10/5/90, restored 11/12/99). Pursuant to
KRS 7.136(1), "KRS Chapter 13A" was substituted for prior references to "KRS
Chapter 13" in this statute. The sections in KRS Chapter 13 were repealed by
1984 Ky. Acts ch. 417, sec. 36, and KRS Chapter 13A was created in that same
chapter of the 1984 Ky. Acts.
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