2011 Kentucky Revised Statutes CHAPTER 441 JAILS AND COUNTY PRISONERS 441.430 Application for approval of plans -- Delay until approval obtained -- Prerequisites for approval.
KY Rev Stat § 441.430 (1996 through Reg Sess) What's This?
441.430 Application for approval of plans -- Delay until approval obtained -Prerequisites for approval.
(1)
(2)
(3)
(4)
Any political subdivision, or combination of subdivisions, desiring to build a local
correctional facility shall make application, in writing, to the department and the
construction authority for approval of the plans for the local correctional facility not
less than ninety (90) days before the advertising for bids for construction of the
facility, or if bids are not to be let, ninety (90) days before the construction
commences.
The department's jail consultants shall review the plans and within thirty (30) days
of the department's receipt of the application, make a recommendation to the
construction authority as to whether the plans should be approved. The construction
authority shall make a decision within sixty (60) days after the department's jail
consultants make their recommendation. The construction authority may delay a
final decision on the construction of any new local correctional facility if the
construction authority determines that it has insufficient information upon which to
base a decision. If the construction authority determines that it has insufficient
information upon which to base a decision, a final decision shall be delayed but
shall be made within sixty (60) days after receipt of the information required by the
construction authority. Construction shall not commence until the requisite approval
is obtained.
The construction authority shall not approve the construction of a new local
correctional facility unless the proposed local correctional facility is built using
plans supplied by the department. All local correctional facilities of the same inmate
bed capacity shall be built using the same set of plans, which shall be suited to the
type of facility being constructed pursuant to KRS 441.420.
The construction authority shall not approve the construction of a local correctional
facility unless the political subdivision or combination of subdivisions desiring to
build a local correctional facility proves to the satisfaction of the construction
authority that:
(a) The construction of a new local correctional facility is necessary;
(b) The construction of a new local correctional facility with the number of beds
proposed is necessary;
(c) The political subdivision or combination of political subdivisions has
sufficient bonding and revenue sources to pay the bonded indebtedness of the
proposed local correctional facility;
(d) The number and sources of prisoners for the local correctional facility is
sufficient to maintain the financial viability of the local correctional facility;
(e) The projected operating costs for the local correctional facility are appropriate
to maintain the financial viability of the local correctional facility;
(f) The sources of revenue are sufficient to pay, in addition to the bonded
indebtedness, the operation costs and maintenance for the local correctional
facility;
(g)
(h)
(i)
If applicable, there are contracts or interlocal cooperation agreements
specifying details for sharing the liability for the costs of paying the bonded
indebtedness and the operation costs for the local correctional facility;
If applicable, there are contracts or interlocal cooperation agreements
specifying details for the management and operation of the local correctional
facility; and
All information has been provided that the construction authority required
pursuant to administrative regulation.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 79, effective June 8, 2011. -- Amended
1992 Ky. Acts ch. 211, sec. 125, effective July 14, 1992. -- Amended 1982 Ky. Acts
ch. 385, sec. 45, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 294, sec. 3.
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