2016 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS .840 Department of Corrections protocol -- Local and regional jail plans -- Failure to meet standards.
Download as PDF
441.840 Department of Corrections protocol -- Local and regional jail plans -Failure to meet standards.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(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
(8)
(9)
section no later than one hundred eighty (180) days after July 12, 2006.
The jailers shall complete their evacuation and relocation plans and transmit 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.