2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.840 Department of Corrections protocol -- Local and regional jail plans -- Failure to meet standards.
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441.840 Department of Corrections protocol -- Local and regional jail plans -Failure to meet standards.
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(a)
The Department of Corrections shall, through the promulgation of
administrative regulations under KRS Chapter 13A, develop an
evacuation and relocation protocol for jailers of local and regional jails to
follow in the development of individual evacuation and relocation plans for
prisoners housed within the jails or regional jails to other facilities in the
event that an emergency renders the jail or regional jail temporarily or
permanently uninhabitable. The protocol shall take into account
evacuation and relocation procedures for full-service jails, life-safety jails,
and holding facilities for jailers who are transportation officers.
(b) Each jailer who exercises control over one (1) or more prisoners shall
develop an evacuation and relocation plan based upon the department's
evacuation and relocation protocol. The Department of Corrections shall
assist jailers in the development of their individual evacuation and
relocation plans, and the jailers shall submit their plans to the county
legislative body, which shall provide commentary to ensure that the jail
evacuation plan is compatible with the relevant annexes of the local
emergency operations plans.
(c) The department, in consultation with the jailers in assisting drafting the
local evacuation plans, shall ensure that each individual jail evacuation
and relocation plan is also compatible with the relevant annexes of the
state emergency operations plans.
In developing the plan for the evacuation and relocation of prisoners, the jailer
shall contact other jails, regional jails, correctional facilities, and penitentiaries,
and shall enter into a written agreement for the relocation of the jail's prisoners.
The jailer shall review the evacuation and relocation plan every year, and shall
update it when necessary.
Each jail's and regional jail's evacuation and relocation plan shall be filed with
the department in a manner that the department determines through
administrative regulations promulgated under KRS Chapter 13A.
The department may provide for procedures for jailers to follow in the drafting
and updating of the jail's and regional jail's individual evacuation and relocation
plan, as well as any administrative procedures necessary to effect the
requirements of this section through the promulgation of administrative
regulations under KRS Chapter 13A.
If the department determines that the jail's or regional jail's plan does not meet
its standards or the jailer has not followed certain procedures set out by
administrative regulation, it shall submit written notification of the fact to each
county judge/executive and each jailer of each county housing prisoners in the
jail or regional jail. The department may establish sanctions for noncompliance.
Any sanctions shall be set out by administrative regulations promulgated under
KRS Chapter 13A.
The department shall promulgate the regulations permitted and required under
this section no later than one hundred eighty (180) days after July 12, 2006.
The jailers shall complete their evacuation and relocation plans and transmit
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them to the department no later than January 31, 2008. If a jailer does not
complete and transmit the copy of his or her evacuation and relocation plans,
the jailer shall be notified by the department of the failure and shall be subject
to orders and sanctions of the department under subsection (6) of this section.
The Department of Corrections may delegate the responsibility of developing
the evacuation and relocation protocol to the Jail Standards Commission. If the
department delegates this responsibility, it shall adopt the recommendations of
the Jail Standards Commission through administrative regulations promulgated
under KRS Chapter 13A. The Department of Corrections may consult and
collaborate with the Jail Standards Commission on any aspect of the
requirements set out in this section.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 69, sec. 1, effective July 12, 2006.
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