UNOFFICIAL COPY 24 RS BR 2214
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AN ACT relating to jail construction and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 441.420 TO 441.450 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) A political subdivision of this Commonwealth, combination of subdivisions, or 5
regional jail authority shall not build, reconstruct, remodel, renovate, or 6
otherwise change the physical structure of a local correctional facility, unless: 7
(a) The correctional facility is a regional jail owned and operated by two (2) or 8
more counties through a regional jail authority as provided in KRS 9
441.800; and 10
(b) The regional jail authority has received express approval from the General 11
Assembly to build, reconstruct, remodel, renovate, or otherwise change the 12
physical structure of the correctional facility. 13
(2) The provisions of this section shall not apply where a court of law has specifically 14
issued an order requiring a political subdivision to build, reconstruct, remodel, 15
renovate, or otherwise change the physical structure of an existing local 16
correctional facility. 17
(3) This section shall not prevent a political subdivision of this Commonwealth, 18
combination of subdivisions, or regional jail authority from acting to keep, 19
maintain, or bring an existing facility into compliance with Kentucky statutes, 20
administrative regulations, or state or federal constitutional guidelines applicable 21
to detention facilities. 22
(4) The provisions of this section shall not apply where a political subdivision of this 23
Commonwealth, combination of subdivisions, or regional jail authority elects to 24
replace or rebuild a facility following a catastrophic event, including but not 25
limited to tornado, fire, and flood. Notwithstanding any statute or administrative 26
regulation to the contrary, a local correctional facility shall be rebuilt with no 27 UNOFFICIAL COPY 24 RS BR 2214
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more than its last recorded capacity prior to the catastrophic event. 1
Section 2. Whereas the costs associated with the construction of local 2
correctional facilities is having immediate and significant impacts on the finances of local 3
governments and local taxpayers, an emergency is declared to exist, and this Act takes 4
effect upon its passage and approval by the Governor or upon its otherwise becoming a 5
law. 6