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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