RELATES TO: KRS 441.045, 441.055, 441.064, 441.075,
441.415-441.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 441.055 requires the
Department of Corrections to promulgate administrative regulations establishing
minimum standards for jails that house state prisoners. This administrative
regulation establishes standards and procedures to be followed in the design,
construction, renovation, and expansion of restricted custody centers and for
measuring compliance of existing centers in accordance with KRS 441.055,
441.064, and 441.075.
Section 1.
Definitions.
(1) "Barrier Fence" means a
chain-link fence that provides a boundary around the restricted custody housing
areas or restricted custody center.
(2) "Construction authority" is defined by
KRS 441.415.
(3) "Division" means
the Department of Corrections Division of Local Facilities.
(4) "Expansion" means a renovation which
includes an increase in the number of square footage of the local correctional
facility to add prisoner bed space as described in KRS 441.450(3).
(5) "Local correctional facility" is defined
by KRS 441.415.
(6) "Renovation"
means changes to the physical plant of or construction on an existing local
correctional facility that does not:
(a)
Include an increase in the number of square footage of the local correctional
facility to add prisoner bed space; and
(b) Require approval of the construction
authority as described in KRS 441.450(3).
Section 2. Consultation. If requested, the
Department may provide to a unit of local government seeking to remodel an
existing restricted custody center or construct a new center, a consultant
knowledgeable in the design, utilization, and operation of detention
facilities. The consultant may meet with the appropriate officials of that
county and advise them concerning:
(1) Site
selection;
(2) Probable need as it
relates to capacity and types of prisoners to be housed;
(3) Sources of financing for
constructing;
(4) Laws and
administrative regulations relating to treatment of prisoners;
(5) Laws and administrative regulations
relating to facilities for prisoners;
(6) Sources of revenue for operations of the
center;
(7) Probable cost for
operation of the center; and
(8)
Potential for sharing facilities with adjoining counties.
Section 3. Application for Construction.
(1) Prior to the commencement of any
construction for a new restricted custody center or for the renovation or
expansion of an existing restricted custody center, a unit of local government
shall submit to the division:
(a) An
application for approval; and
(b)
If the construction is for a new center or an expansion of an existing center,
any applications and materials submitted to the construction authority in
accordance with KRS 441.430.
(2) The application required by subsection
(1)(a) of this section shall:
(a) Be signed by
the:
1. County judge-executive for each county
involved in the proposal;
2.
Highest executive of a unit of local government other than a county;
or
3. Head of the Regional Jail
Authority, if applicable;
(b) State in detail the need for the specific
request being proposed;
(c)
Identify the unit of local government submitting the request;
(d) State the following information for the
current jailer:
1. Name;
2. Address; and
3. Phone number;
(e) Identify the type of local correctional
facility currently being used:
1. Full
service;
2. Regional full
service;
3. Life safety;
or
4. None;
(f) If construction is proposed at a location
other than where the current local correctional facility is located, then
provide the following information for the new property:
1. Address;
2. Description of new property;
3. Explanation of ownership of new property;
and
4. Estimated cost to purchase
property if not owned by the unit of local government proposing
construction;
(g) If the
proposed construction is for a new restricted custody center, then identify the
size of center being requested using the bed capacity increments required for
plans in KRS 441.420(1)(b).
(h) If
the proposed construction is for an expansion, then state the:
1. Number of proposed additional beds;
and
2. Proposed additional square
footage;
(i) If the
proposed construction is for a renovation, then state:
1. The purpose of the renovation;
and
2. The amount of any proposed
additional square footage;
(j) For the current restricted custody
center, state the:
1. Current
capacity;
2. Average daily
population (ADP) for the preceding two (2) years;
3. Total amount of remaining bond
indebtedness;
4. Amount of monthly
debt installment payment; and
5.
Remaining number of payments on any note; and
(k) Identify the architect, consultant, or
other person or entity with which the unit of local government consulted for
the construction proposal.
Section 4. Documentation required for
application. A unit of local government shall provide a copy of the following
documents with any application submitted to the division:
(1) Ordinance for the unit of local
government showing an affirmative vote for the proposed construction for the
restricted custody center;
(2)
Deed, lease, or legal description of the new property for proposed
construction;
(3) Local
correctional facility budget for the preceding two (2) years;
(4) General budget for any unit of local
government proposing construction;
(5) Feasibility study or other documentation
provided by any architect, entity, or other person that consulted on the
proposed construction; and
(6)
Documentation showing that the unit of local government has sufficient bonding
and revenue sources to pay the bond indebtedness, operating costs, and
maintenance costs over the anticipated life of the note for the proposed
construction.
Section 5.
Site Selection Review. The following criteria shall be considered by the
division in its site selection review:
(1)
Size;
(2) Proximity to
court;
(3) Proximity to community
resources;
(4) Availability of
public transportation;
(5)
Environmental health;
(6) Adequate
parking; and
(7) Provisions for
future expansion.
Section
6. Construction Documents.
(1) A
unit of local government shall submit plans and specifications to the division
for approval prior to the commencement of any construction for a new center or
for the renovation or expansion of an existing center. The division may waive
some of the requirements of this section on a case by case basis depending on
the specifics proposed for the construction.
(2) If the construction is for a new center
or expansion of an existing center, a unit of local government shall submit
plans and specifications for the applications required by KRS 441.430 to the
division.
(3) Whether new
construction or renovation or expansion of an existing center, plans and
specifications for a center shall meet the following criteria and contain the
following documentation:
(a) A programming
phase to include:
1. Evaluation of the
existing center;
2. Population
analysis as based on the NIC staffing analysis, and may include, jail
operations, jail programs, court location, and transportation issues;
3. Space requirements based on population
analysis and standards for the center and site outlined in this administrative
regulation;
4. Staffing
analysis;
5. Cost analysis to
include construction and operation cost;
6. Financing alternatives, if
applicable;
7. Design-construction
time schedule; and
8. Summary and
recommendations;
(b) A
schematic phase to include:
1. A scale drawing
of each floor plan with proposed rooms and areas one-eighth (1/8) inch
minimum;
2. A scale drawing of the
site, locating the building, parking, and other facilities with one (1) inch
equaling fifty (50) feet;
3.
Documentation of site as to:
a.
Size;
b. Proximity to
court;
c. Proximity to community
resources;
d. Availability of
public transportation;
e.
Environmental health;
f. Adequate
parking; and
g. Provisions for
future expansion;
4.
Sections through the proposed structure indicating ceiling heights of rooms,
mechanical spaces, roof slopes, and other related information;
5. Scale elevation drawing of exterior
walls;
6. Schematic cost estimate
to include revised construction and operation costs; and
7. A revised design-construction time
schedule;
(c) A design
development phase containing:
1. A scale
drawing on each floor plan with proposed rooms and areas with their dimensions
one-eighth (1/8) inch minimum;
2.
All necessary construction drawings including construction details;
3. Specifications for materials and
workmanship;
4. A proposed contract
with general and special conditions;
5. Engineering calculations for the
foundation, structure, heating, ventilating, air conditioning, lighting, and
plumbing; and
6. Detailed estimates
of cost of land, site development, construction, financing, professional
services, equipment, and furnishings;
(d) Construction document phase containing:
1. Revised design development construction
drawings following review by all applicable agencies, signed by an architect
registered in the Commonwealth of Kentucky, and revised, if necessary, to
include changes required by the division; and
2. Revised design development specifications
of material and workmanship following review by all applicable agencies;
and
(e) A contract
administration phase containing:
1. Signed
copies of the contracts for construction, financing, and bonding;
2. Signed copies of the construction permits;
and
3. Documentation of required
review by other applicable state agencies.
(4) Whether new construction or renovation or
expansion of an existing facility, every change order shall be submitted to the
division jail consultant for review and approval.
Section 7. Approval of Construction Plans and
Specifications.
(1) Construction shall not
begin until the construction plans have been approved by the division and, if
required, the construction authority has approved the construction. The
division shall:
(a) Review each complete
application within thirty (30) days of receipt;
(b) For renovation, issue:
1. An approval;
2. An acceptance with required changes;
or
3. A rejection, with reasons
stated;
(c) For an
expansion or new center, issue a recommendation to the construction authority
whether to approve construction; and
(d) For an incomplete application, inform the
applicant of the information or documents that need to be submitted to complete
the application.
(2) A
request for changes to the plans shall be submitted to the division and shall
include a description of the changes requested and the reasons for the
changes.
(3) A change to the
approved plans shall require redrawing unless specifically exempted by the
department. Specifications shall be rewritten to reflect a change.
Section 8. Exemption from
Compliance. If a center, renovation, or expansion was built before the
effective date of the physical plant standards in Section 12 of this
administrative regulation, the department shall exempt the center from a
specific requirement if the exemption does not significantly affect the
security, supervision of prisoners, programs, or the safe, healthful, or
efficient operation of the jail.
Section
9. Waiver of Compliance.
(1) The
department may grant a temporary waiver of a physical plant standard in Section
12 of this administrative regulation for an existing center that can no longer
meet a standard if the department determines that:
(a) Strict compliance will cause unreasonable
difficulties;
(b) A waiver will not
seriously affect the security, supervision of prisoners, programs, or the safe,
healthful, or efficient operation of the center; and
(c) Compliance may be achieved in a manner
other than that specified, but in a manner which is sufficient to meet the
intent of this administrative regulation.
(2) If a waiver from a standard is desired,
the responsible unit of local government shall submit a written request to the
department. The written request shall include the following information:
(a) Citation of the specific standard
involved;
(b) Identification and
description of the specific difficulties involved in meeting strict
compliance;
(c) Description of
alternative proposed; and
(d)
Provision of sufficient documentation which shall demonstrate that the waiver,
if granted, will not jeopardize the security, supervision of prisoners,
programs, or the safe, healthful, or efficient operation of the
center.
(3) A waiver, if
granted by the department, shall apply only to the petitioner for the specific
situation cited and for the period of time specified and shall include any
requirements imposed by the department as conditions upon the waiver. A waiver
shall not be granted for longer than twelve (12) months. A waiver granted for a
twelve (12) month period shall be reviewed for reapproval at the end of the
period.
Section 10.
Existing Restricted Custody Centers. All existing centers that are in operation
shall comply with the physical plant design standards in Section 12 of this
administrative regulation, unless the center is exempt from a standard pursuant
to Section 8 of this administrative regulation or has obtained a waiver from
the department pursuant to Section 9 of this administrative regulation for the
standard.
Section 11. New
Restricted Custody Centers and Expansion and Renovation of Existing Restricted
Custody Centers. A new restricted custody center and the expansion or
renovation of an existing restricted custody center shall comply with the
physical plant design standards in Section 12 of this administrative
regulation.
Section 12. Physical
Plant Design Standards.
(1) Each center shall
have two (2) separate entrances: a prisoner entrance and a service entrance.
The department may permit these entrances to be combined.
(a) Prisoners' entry. The purpose of this
entrance shall be to provide secure and controlled access to the center for
prisoners.
(b) Service entrance.
The purpose of this entrance shall be to provide access to service vehicles and
delivery trucks with minimum security risks. It shall be located in close
proximity to storage rooms and the kitchen area.
(2) Each exit in the security area shall
provide free egress or automatic time delayed emergency release doors with a
maximum time delay of thirty (30) seconds.
(3) Security area. The area shall enclose
those facilities and services required for or used by prisoners. It shall
contain the function areas as established in this subsection.
(a) Control area. This area shall be located
in close proximity to the prisoner entrance and shall be used to monitor the
movement of prisoners in and out of the center.
(b) Visitation. Adequate space shall be made
available for contact visits between prisoners and families. Tables and chairs
shall be provided. Bathroom facilities shall be available to serve this
area.
(c) Multipurpose room. The
purpose of this area shall be to provide space for assembly of prisoners for
specific program activities. Adequate furnishings shall be provided.
(d) Conference area. The purpose of this
space shall be to provide space for confidential conferences between prisoners
and lawyers, counselors, clergy, etc. A table and chairs shall be
provided.
(e) Barrier Fence. A
barrier fence may be installed around the center for added security.
1. The fence shall be no less than eight (8)
feet, with a minimum of seven (7) feet from the ground to the top of the
fence.
2. The top of the fence may
be equipped with concertina wire or barbed wire.
3. The fence shall be installed in accordance
with 22.2.7.1 and 22.2.7.2 of the NFPA 101 Life Safety Code, which is
incorporated by reference in
815 KAR 10:060.
(f) Living areas.
1. Each sleeping room shall provide a minimum
of forty (40) square feet per prisoner. More than forty (40) prisoners shall
not be placed in a single sleeping room, with the exception of a direct
supervision area as outlined in 501 KAR Chapter 3.
2. Each prisoner shall be provided in the
sleeping room, at a minimum: bed, mattress and pillow, supply of bed linen,
chair, and closet or locker space for the storage of personal items.
3. A sleeping area shall have lighting in the
reading and grooming area sufficient for the task being performed.
4. The center shall have one (1) toilet for
every ten (10) prisoners, one (1) washbasin for every ten (10) prisoners, and a
shower for every twenty (20) prisoners. One (1) urinal may be substituted for
each commode in male areas but the commodes shall not be reduced to less than
one-half (1/2) the number required.
5. Phone facilities shall be available for
prisoner use.
6. Each occupied area
shall have temperature ranges within comfort zones, sixty-five (65) degrees
Fahrenheit to eighty-five (85) degrees Fahrenheit.
7. Each occupied area shall have ventilation
to meet air exchange as required in the Kentucky Building Code,
815 KAR 7:120.
(g) Kitchen. The
purpose of this area shall be to provide sufficient space and equipment for
preparing meals for the maximum rated capacity of the center. Design features
shall include compliance with standards for the Kentucky Food Code,
902 KAR 45:005. If food is not prepared in the center, a food distribution area shall
be substituted.
(h) Laundry
facilities. Laundry facilities shall be available.
(i) Furnishings. Center furnishings shall be
noncombustible and nontoxic as approved by the department.