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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 law to the contrary, the department shall contract with a 5
fiscal court of a county or a local or regional correctional authority to provide 6
correctional services to state prisoners in the jail or regional jail. No contract 7
under this section shall exceed a term of twenty-four (24) months. 8
(2) The per diem rate agreed to in a contract under this section shall not exceed five 9
percent (5%) over the actual cost to provide correctional services to state 10
prisoners. 11
(3) The department shall collaborate with the Finance and Administration Cabinet 12
to: 13
(a) Develop an audit and contract compliance system; 14
(b) Negotiate feasible, reasonable, and understandable contracts with jails and 15
regional jails; and 16
(c) Ensure both parties are complying the terms of the contract. 17
(4) A contract under this section shall include terms which comply with at least the 18
following: 19
(a) A person sentenced to term of imprisonment for a felony shall be considered 20
a state prisoner; 21
(b) The department shall assign a classification officer to each jail or regional 22
jail. The classification officer may be full-time or part-time and shall be 23
responsible for the classification of the state prisoner and placement of the 24
state prisoner in programs. The classification officer shall organize the 25
transfer of the state prisoner to another jail or regional jail if necessary; 26
(c) The jail or regional jail shall provide a suitable work space for the 27 UNOFFICIAL COPY 24 RS BR 2143
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department's classification officer; 1
(d) The department shall perform semiannual inspections; 2
(e) The department shall be financially responsible for any maintenance 3
medications and any necessary medical, dental, or psychological care, 4
beyond routine care and diagnostic services, of state prisoners held in the 5
jail or regional jail; 6
(f) The jail or regional jail shall operate in accordance with KRS Chapter 441 7
and administrative regulations promulgated by the department; 8
(g) The jail or regional jail shall ensure medical staff are present at the jail or 9
regional jail each day; 10
(h) The jail or regional jail shall ensure that mental health services are 11
available to state prisoners; 12
(i) The jail or regional jail shall submit monthly reports to the department in 13
an electronic format, on forms supplied by the department, in accordance 14
with KRS 441.105; 15
(j) The jail or regional jail shall ensure nonsmoking prisoners are not exposed 16
to secondhand smoke; 17
(k) The jail or regional jail shall conduct random drug screenings of at least 18
ten percent (10%) of the state prisoner population in the jail or regional jail 19
each month; 20
(l) The jail or regional jail shall provide a physical bed for each state prisoner; 21
(m) The jail or regional jail shall provide state prisoners with access to exercise 22
and recreational activities including at least one (1) hour a day of time 23
outside of the state prisoner's cell when conditions permit; and 24
(n) The jail or regional jail shall develop and conduct training and professional 25
development. 26
Section 2. KRS 196.030 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 2143
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(1) The department shall, unless otherwise provided by law, exercise all functions of 1
the state in relation to: 2
(a) Management of penal, reform, and correctional institutions; 3
(b) Supervision of probation and parole; 4
(c) The giving of assistance to other departments, agencies, and institutions of the 5
state and federal government when requested by performing services in 6
conformity with this section; 7
(d) Acting as the agent of the federal government in matters of mutual concern, 8
and in the administration of any federal funds granted to the state to aid in the 9
performance of any function of this department; and 10
(e) Administration and enforcement of the provisions of KRS Chapter 441 11
relating to the development and enforcement of jail standards, training of 12
jailers and jail personnel, and jail planning and construction. 13
(2) Notwithstanding other provisions of the law to the contrary, the Department of 14
Corrections may contract with a county fiscal court or local or regional correctional 15
authority to house misdemeanants and persons awaiting trial or sentencing. 16
(3) Notwithstanding other provision of law to the contrary, the Department of 17
Corrections shall contract with a county fiscal court or local or regional 18
correctional authority to provide correctional services to prisoners serving 19
sentences for felony offenses in accordance with Section 1 of this Act. 20
(4) The provisions of this section shall not apply to any institution, home, or agency 21
which does not receive aid from the state, a county, or municipality. 22
Section 3. KRS 441.025 is amended to read as follows: 23
(1) The fiscal court of each county shall provide for the incarceration of prisoners 24
arrested in the county or sentenced or held by order of the courts in the county. 25
(2) The fiscal court shall provide for the incarceration of prisoners by: 26
(a) Providing and maintaining a facility that complies with KRS 441.055; 27 UNOFFICIAL COPY 24 RS BR 2143
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(b) Providing and maintaining a safe, secure, and clean jail in the county; or that 1
complies with the health and life safety standards defined in KRS 441.055; 2
(c) 1. Contracting with another county or a city for the incarceration and care 3
of its prisoners, at a per diem rate not to exceed the actual cost of 4
incarceration and care; and 5
2. Providing for the transportation of prisoners, as provided for in KRS 6
441.505 and 441.510 including the provision of vehicles, drivers, and 7
guards. 8
(3) Nothing in this section shall prohibit a county from 9
(a) Providing facilities for holding prisoners for limited periods of time and 10
contracting with another county or a city for longer periods of incarceration; 11
or 12
(b) Contracting with the department to provide correctional services to 13
prisoners serving sentences for felony offenses in accordance with Section 1 14
of this Act. 15
(4) Any county may enter into an agreement pursuant to KRS 65.210 to 65.300 to 16
provide or to use jail facilities. 17
Section 4. Current contracts between counties to provide for the incarceration 18
and care of inmates described under KRS 441.025 shall remain in effect until the contract 19
period has ended. All future contracts between counties to provide for the incarceration 20
and care of inmates described under KRS 441.025 shall not exceed the actual cost of 21
incarceration and care. 22