UNOFFICIAL COPY 24 RS SB 283/GA
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AN ACT relating to correctional services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Notwithstanding any other provision of law to the contrary, the department shall 5
contract with a fiscal court of a county or a local or regional correctional 6
authority to provide correctional services to state prisoners in the jail or regional 7
jail. No contract under this section shall exceed a term of twenty-four (24) 8
months. 9
(2) The per diem rate agreed to in a contract under this section shall not exceed five 10
percent (5%) over the actual cost of the jail or regional jail to provide correctional 11
services to state prisoners. 12
(3) The department shall collaborate with the Finance and Administration Cabinet 13
to: 14
(a) Develop an audit and contract compliance system; 15
(b) Negotiate feasible, reasonable, and understandable contracts with jails and 16
regional jails; and 17
(c) Ensure both parties are complying with the terms of the contract. 18
(4) A contract under this section shall include terms which comply with at least the 19
following: 20
(a) A person sentenced to a term of imprisonment for a felony shall be 21
considered a state prisoner; 22
(b) The department shall perform semiannual inspections; 23
(c) The department shall be financially responsible for any maintenance 24
medications and any necessary medical, dental, or psychological care, 25
beyond routine care and diagnostic services, of state prisoners held in the 26
jail or regional jail; 27 UNOFFICIAL COPY 24 RS SB 283/GA
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(d) The jail or regional jail shall operate in accordance with KRS Chapter 441 1
and administrative regulations promulgated by the department; 2
(e) The jail or regional jail shall ensure medical staff are present at the jail or 3
regional jail each day; 4
(f) The jail or regional jail shall ensure that mental health services are 5
available to state prisoners; 6
(g) The jail or regional jail shall submit monthly reports to the department in 7
an electronic format, on forms supplied by the department, in accordance 8
with KRS 441.105; 9
(h) The jail or regional jail shall provide a mattress for each state prisoner; 10
(i) The jail or regional jail shall provide state prisoners with access to exercise 11
and recreational activities including at least one (1) hour a day of time 12
outside of the state prisoner's cell when conditions permit; and 13
(j) The jail or regional jail shall develop and conduct training and professional 14
development. 15
Section 2. KRS 196.030 is amended to read as follows: 16
(1) The department shall, unless otherwise provided by law, exercise all functions of 17
the state in relation to: 18
(a) Management of penal, reform, and correctional institutions; 19
(b) Supervision of probation and parole; 20
(c) The giving of assistance to other departments, agencies, and institutions of the 21
state and federal government when requested by performing services in 22
conformity with this section; 23
(d) Acting as the agent of the federal government in matters of mutual concern, 24
and in the administration of any federal funds granted to the state to aid in the 25
performance of any function of this department; and 26
(e) Administration and enforcement of the provisions of KRS Chapter 441 27 UNOFFICIAL COPY 24 RS SB 283/GA
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relating to the development and enforcement of jail standards, training of 1
jailers and jail personnel, and jail planning and construction. 2
(2) Notwithstanding any other provision of law[provisions] to the contrary, the 3
Department of Corrections may contract with a county fiscal court or local or 4
regional correctional authority to house misdemeanants and persons awaiting trial 5
or sentencing. 6
(3) Notwithstanding any other provision of law to the contrary, the Department of 7
Corrections shall contract with a county fiscal court or local or regional 8
correctional authority to provide correctional services to prisoners serving 9
sentences for felony offenses in accordance with Section 1 of this Act. 10
(4) The provisions of this section shall not apply to any institution, home, or agency 11
which does not receive aid from the state, a county, or municipality. 12
Section 3. KRS 441.025 is amended to read as follows: 13
(1) The fiscal court of each county shall provide for the incarceration of prisoners 14
arrested in the county or sentenced or held by order of the courts in the county. 15
(2) The fiscal court shall provide for the incarceration of prisoners by: 16
(a) Providing and maintaining a facility that complies with KRS 441.055; 17
(b) Providing and maintaining a safe, secure, and clean jail in the county; or that 18
complies with the health and life safety standards defined in KRS 441.055; 19
(c) 1. Contracting with another county or a city for the incarceration and care 20
of its prisoners, at a per diem rate not to exceed the actual cost of 21
incarceration and care; and 22
2. Providing for the transportation of prisoners, as provided for in KRS 23
441.505 and 441.510 including the provision of vehicles, drivers, and 24
guards. 25
(3) Nothing in this section shall prohibit a county from: 26
(a) Providing facilities for holding prisoners for limited periods of time and 27 UNOFFICIAL COPY 24 RS SB 283/GA
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contracting with another county or a city for longer periods of incarceration; 1
or 2
(b) Contracting with the department to provide correctional services to 3
prisoners serving sentences for felony offenses in accordance with Section 1 4
of this Act. 5
(4) Any county may enter into an agreement pursuant to KRS 65.210 to 65.300 to 6
provide or to use jail facilities. 7
Section 4. Current contracts between counties to provide for the incarceration 8
and care of inmates described under KRS 441.025 shall remain in effect until the contract 9
period has ended. All future contracts between counties to provide for the incarceration 10
and care of inmates described under KRS 441.025 shall not exceed the actual cost of 11
incarceration and care. 12