2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.075 Violation of regulations -- Orders and sanctions -- Procedures for orders.
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441.075 Violation of regulations -- Orders and sanctions -- Procedures for
orders.
(1)
(2)
(3)
(4)
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.
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.
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.
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.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 107, sec. 8, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 108, sec. 5, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 211, sec. 117, effective July 14, 1992; and ch. 262, sec. 3,
effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 29, effective
July 13, 1990. -- Amended 1984 Ky. Acts ch. 415, sec. 3, effective July 13,
1984. -- Created 1982 Ky. Acts ch. 385, sec. 8, effective July 1, 1982.
Formerly codified as KRS 441.013.
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.
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