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AN ACT relating to jail standards. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 441.055 is amended to read as follows: 3
(1) The Department of Corrections shall for those counties which elect to house state 4
prisoners in their jail: 5
(a) 1. Adopt the recommendations of the Jail Standards Commission created 6
pursuant to Executive Order Number 81-1026 and promulgate 7
regulations pursuant to KRS Chapter 13A establishing minimum 8
standards for jails. These standards shall include but not be limited to 9
rules governing the following areas: 10
a. Health and safety conditions; 11
b. Fire safety; 12
c. Jail operations, recordkeeping, and administration; 13
d. Curriculum of basic and continuing annual training for jailers and 14
jail personnel; 15
e. Custody, care, and treatment of prisoners; 16
f. Medical care; and 17
g. Jail equipment, renovation, and construction. 18
2. These minimum standards shall specifically allow for: 19
a. i.[a.] Provision of required documents to prisoners through 20
electronic format; 21
ii.[b.] Confidential prisoner access to attorneys through 22
unmonitored phone lines in non-contact visitation areas; 23
iii.[c.] Measures to prevent receipt of prisoner mail containing 24
intoxicants, including in fabricated legal mail; and 25
iv.[d.] Delivery of mail received from the court, an attorney of 26
record, or a public official to the prisoner via an electronic 27 UNOFFICIAL COPY 23 RS BR 926
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copy provided on a secure, personal account after opened 1
and inspected in the presence of the prisoner; and 2
b. The appointment or employment of persons who have attained 3
the age of eighteen (18) years or older who are otherwise 4
qualified to serve in the position in which they are appointed or 5
employed to work inside the secure perimeter of the jail; 6
however, no person under the age of twenty one (21) years shall 7
be employed as a deputy jailer, possess or exercise peace officer 8
powers, or function in a role similar to that of a deputy jailer, 9
nor shall an individual under the age of twenty one (21) years be 10
employed in a position that: 11
1. Involves supervision over inmates or persons yet to be 12
booked into the jail; or 13
2. In the normal execution of the person's duties allows 14
direct, physical contact with, or potential assumption of 15
physical control over, inmates or persons yet to be booked 16
into the jail; 17
(b) Develop a jail standards review process, which shall include the participation 18
of persons knowledgeable of jail operations to review and amend the 19
standards as necessary. The jail standards shall be reviewed no later than 20
December 31, 1992, and at least every two (2) years thereafter. Fifty percent 21
(50%) of the participants in the review process shall be appointed from 22
persons representing county interests and fifty percent (50%) shall be 23
appointed from persons representing state interests; and 24
(c) Provide technical assistance and consultation to local governments in order to 25
facilitate compliance with standards. 26
(2) The department shall, for those counties that elect not to hold state prisoners in their 27 UNOFFICIAL COPY 23 RS BR 926
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jails, adopt the recommendations of the Jail Standards Commission and promulgate 1
administrative regulations pursuant to KRS Chapter 13A to establish minimum 2
standards for those jails. These standards shall be limited to health and life safety 3
and shall permit persons who have attained the age of eighteen (18) years or 4
older who are otherwise qualified to serve in the position in which they are 5
appointed or employed to work inside the secure perimeter of the jail; however, 6
no person under the age of twenty one (21) years shall be employed as a deputy 7
jailer, possess or exercise peace officer powers, or function in a role equal to that 8
of a deputy jailer, nor shall an individual under the age of twenty one (21) years 9
be employed in a position that: 10
(a) Involves supervision over inmates or persons yet to be booked into the jail; 11
or 12
(b) In the normal execution of the person's duties allows direct, physical 13
contact with, or potential assumption of physical control over, inmates or 14
persons yet to be booked into the jail. 15
(3) All minimum standards promulgated by the department applying to jails shall 16
include requirements for adequate nutrition for pregnant prisoners, an adequate 17
number of hygiene products for female prisoners, and an appropriate number of 18
undergarments for female prisoners. 19
(4) The department may establish classifications of jails based on the maximum 20
permissible period of incarceration or other criteria and promulgate standards for 21
each class of jail. 22