CHAPTER 44
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1
CHAPTER 44
( HB 164 )
AN ACT relating to jail standards.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
ď˘Section 1. KRS 441.055 is amended to read as follows:
(1) The Department of Corrections shall for those counties which elect to house state prisoners in their jail:
(a) 1. 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:
a. Health and safety conditions;
b. Fire safety;
c. Jail operations, recordkeeping, and administration;
d. Curriculum of basic and continuing annual training for jailers and jail personnel;
e. Custody, care, and treatment of prisoners;
f. Medical care; and
g. Jail equipment, renovation, and construction.
2. These minimum standards shall specifically allow for:
a. i.[a.] Provision of required documents to prisoners through electronic format;
ii.[b.] Confidential prisoner access to attorneys through unmonitored phone lines in non-
contact visitation areas;
iii.[c.] Measures to prevent receipt of prisoner mail containing intoxicants, including in
fabricated legal mail; and
iv.[d.] Delivery of mail received from the court, an attorney of record, or a public official
to the prisoner via an electronic copy provided on a secure, personal account after
opened and inspected in the presence of the prisoner; and
b. The appointment or employment of persons who have attained the age of eighteen (18)
years or older who are otherwise qualified to serve in the position in which they are
appointed or employed to work inside the secure perimeter of the jail; however, no
person under the age of twenty one (21) years shall be employed as a deputy jailer,
possess or exercise peace officer powers, or function in a role similar to that of a deputy
jailer, nor shall an individual under the age of twenty one (21) years be employed in a
position that involves supervision over inmates or persons yet to be booked into the jail.
Persons who are under the age of twenty-one (21) years shall have a high school
diploma or a High School Equivalency Diploma;
(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.
(2) 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 ACTS OF THE GENERAL ASSEMBLY 2
and life safety and shall permit persons who have attained the age of eighteen (18) years or older who are
otherwise qualified to serve in the position in which they are appointed or employed to work inside the
secure perimeter of the jail; however, no person under the age of twenty one (21) years shall be employed as
a deputy jailer, possess or exercise peace officer powers, or function in a role equal to that of a deputy
jailer, nor shall an individual under the age of twenty one (21) years be employed in a position that involves
supervision over inmates or persons yet to be booked into the jail. Persons who are under the age of twenty-
one (21) years shall have a high school diploma or a High School Equivalency Diploma.
(3) All minimum standards promulgated by the department applying to jails shall include requirements for
adequate nutrition for pregnant prisoners, an adequate number of hygiene products for female prisoners, and
an appropriate number of undergarments for female prisoners.
(4) 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.
Signed by Governor March 21, 2023.