.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)
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 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.
(2)
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 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.
(3)
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.
(4)
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 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 designee on the matters covered by the
order. Upon the hearing, the commissioner of the department or his 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 designee may issue, modify, or repeal the order at the conclusion of the hearing.
Effective: July 15, 1996
History: 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.